Which Doctor Knows Best?

No, it isn't the title of a TV reality show; it's a serious question for disability judges.  In disability cases, there are often several doctors who give medical opinions.  Often, there is at least some disagreement in those opinions. In many cases, Social Security's consultative doctor will find very little medical evidence supporting disability. A primary care doctor may document more serious problems in the medical history.  Which doctor has more influence with Social Security? 

• A treating doctor - especially one who has treated the claimant over a lengthy period of time - His/her opinion should be given the most weight.
• A specialist, offering an opinion within his/her area of specialty, is given more weight than a non-specialist (assuming both are treating doctors).
• An examining doctor is given more weight than a non-examining doctor.

The opinion of a non-examining doctor (consulting doctor) should have the least influence on the Social Security decision.  Unfortunately, at the initial level, this is usually not the case.  The consulting doctor is generally the one Social Security relies on.  This is one major reason that most disability claims are turned down on the initial application.

Does the claimant have the right to choose which doctor examines him/her for Social Security?  In some cases, yes.  If Social Security asks you to attend a consultative exam, ask if your treating physician can perform the exam.  Under federal regulations, opinions from your treating physician should be given more weight than an examination by a non-treating Social Security consulting doctor.  You may have to be assertive to get your doctor to perform the examination.  Social Security will almost never recommend it.

In the appeal stage, administrative law judges will most likely get it right.  They will usually give the proper weight to the proper doctor, as the regulations require.  This is because judges know the law and take time to sort it out. 

Thinking of applying for Social Security disability?  Have you already been turned down?  Call the Forsythe Firm today for a free consultation.

(615) 732-6159
Franklin, TN office
           
(256) 799-0297    
Huntsville, AL office     

www.ForsytheDisability.com

Approval Rates Fall for Social Security Disability Applicants

According to the National Organization of Social Security Claimant's Representatives, approval rates for disability claims continued their decline in 2012.  In 2010, 62 percent of disability claims were approved at the hearing level.  However, in 2012, that number fell to 52 percent nationwide.

With award rates falling, you need solid medical documentation and professional legal advice more than ever.  For help with your case, give us a call today for a free consultation.

(615) 732-6159
Franklin, TN office
           
(256) 799-0297    
Huntsville, AL office      

www.ForsytheDisability.com

Does My Condition Qualify Me for Disablity?

Are you having difficulty holding a job due to physical or mental problems but are unsure if your condition would qualify?  SSA's decision-making process for disability cases is often misunderstood.  A few claims are approved quickly while most others (about 70%) are denied at the first step. This leads many people to wonder just how the system works. Is there a list of medical conditions that lead to approval and others that are always denied?

The short answer is no.  To its credit, SSA does not simply approve or deny applicants based on a list of medical conditions.  Instead, they consider the effects your conditions have on your ability to work.  Both physical and mental issues can be the basis for a finding of disability. SSA also considers not just your impairments, but also other facts about you as a person. Your age and your level of education also play a part in the decision process. 

Because of this, two claimants with the same medical condition can get different outcomes.  Consider a specific medical condition such as a heart attack.  If your work requires heavy lifting or sustained physical exertion, having a heart attack could definitely prevent you from returning to work.  On the other hand, if you work in an office, Social Security might find that you can still perform your job after you have had time to recover. 

Because no two individuals are exactly the same, no two disability cases can be the same.  How your case is handled will depend a lot on the particulars of your medical history, issues related to your past work, your age, and even your education.  The fact that each case is unique is one reason it's important to have a professional representative who is prepared to present the strongest aspects of your individual case.

Don't take chances by going it alone. Give us a call.  We are here to help you with your claim from start to finish. 

(615) 732-6159
Franklin, TN office
           
(256) 799-0297    
Huntsville, AL office     

www.ForsytheDisability.com

My Doctor Says I Can't Work. Will my Disability Claim be Approved?

It seems like common sense that Social Security would consult your medical records and rely on the professional opinions of your doctors when making a disability decision.  After all, who knows more about you and your condition that the physicians who treat you?

Unfortunately, it is not as simple as that. Social Security has its own rules for determining your eligibility for benefits and your doctor's opinion alone is not enough.  Getting your claim approved is usually more complicated.   In order to be approved for benefits, you must first provide documentation of your medical conditions.  If your conditions are considered severe enough to meet Social Security's Listing of Impairments, you can be approved at this step.  Unfortunately, few applicants win their cases in this way.

Most people must go to the hearing level.  There, a judge will look at your medical records, then consider your ability to perform the work you did in the past.   I recently spoke to a man from Antioch who had done heavy construction work until a back injury forced him to leave his job.  In a case like this, it is often possible to show that the person could not return to a previous job.  However, the inability to return to your past work is still not enough to win.

At the hearing level, you must show not only that you cannot perform your past job, but that you cannot perform any job.  SSA will hire a vocational expert (VE) to testify about your ability to do work, given your medical limitations. The VE will frequently testify that claimants are able to perform a hypothetical job that exists somewhere in the country.   If that testimony cannot be refuted, there is a strong chance the judge will deny your claim based on the testimony of the vocational expert.

This is where having good representation makes all the difference.  An experienced representative will cross-examine the vocational expert to ensure that all limitations imposed by your medical conditions are being appropriately considered.  Refuting the vocational expert's testimony successfully is critical to winning your case, but it is very difficult for a claimant to do this without prior experience in disability hearings.

If you have questions about the process of applying for benefits, we are here to help.  You owe nothing for our services unless we win benefits for you.  We serve clients throughout middle Tennessee, including Davidson, Williamson, Maury, Rutherford and Giles Counties.  We also have offices in Huntsville and serve disability claimants throughout north Alabama.

Don't put your benefits at risk by going it alone.  Give us a call today or visit our website for more information.

(615) 732-6159
Franklin, TN office
   
(256) 799-0297   
Huntsville, AL office     

www.ForsytheDisability.com

Your Disability Application was Denied. Now What?

Have you recently applied for Social Security disability benefits?  It is an unfortunate reality that most claims are denied by SSA.  However, it is important that you don't give up just because your claim was turned down. While about 70% of initial applications are turned down, a significant percentage can be won on appeal.

Unsure about how to proceed after your claim was denied?  Many of the people who contact our offices have significant doubts about the application process.   Many of these concerns are related to proving the extent of their medical conditions, having to testify in front of a judge, or not being able to afford professional representation.

The Forsythe Firm can answer all your questions about the process.  For those who have concerns about paying for representation, we charge no fee unless your claim is approved and you start collecting benefits from Social Security.  You never have to worry about owing money you are unable to pay.

If your application has been denied, give us a call.  We are dedicated to handling your claim from start to finish while giving you peace of mind.

(615) 732-6159
Franklin, TN office
           
(256) 799-0297    
Huntsville, AL office      

www.ForsytheDisability.com

Your Disability Safety Net

Losing the ability to work can be one of the most frightening experiences of a person's life.  Work means security, peace of mind, an assurance of being able to provide for our basic needs.  Losing that ability can be very worrisome because most of us haven't prepared for that possibility.

Fortunately there is a safety net for those who become disabled. It's called Social Security Disability Insurance (SSDI).  We pay for it with taxes deducted from our paychecks, matched by taxes from our employers.  Most Americans who work have paid into the Social Security system and are covered by SSDI.

Social Security disability can pay a benefit of up to $2,500 per month.  The actual amount is based on how long you worked and your average wages.  To receive benefits, you must prove that you are no longer able to perform full-time work due to physical or mental disability.  The rules for a finding of disability are rigid and complex.  About 70% of individuals who apply will be denied because they "do not meet our rules for disability."  These decisions are often made in error and go against the very purpose of Social Security disability programs.  Unfavorable rulings can often be reversed with appropriate appeals.

A disability advocate is a professional who is trained in the Social Security laws and regulations.  He or she knows how to gather evidence, file your claim, and prepare it for appeal if necessary. Studies have shown that people who have professional representation are much more likely to be awarded benefits from SSA. 

At the Forsythe Firm, our advocates are dedicated to making the process of applying for benefits as simple as possible.  In most cases we can deal with Social Security directly, allowing you time to focus on the things that matter to you. We do not charge a fee unless you win your case and collect past due benefits. 

If you have questions about your disability claim, we can help.  Call one of our local offices for free advice. 

(615) 732-6159
Franklin, TN office
      
(256) 799-0297    
Huntsville, AL office  

www.ForsytheDisability.com