Tuesday, March 13, 2018

VETERANS AND SOCIAL SECURITY DISABIITY

Military personnel are entitled to apply for Social Security disability as soon as they become unable to perform their regular military duties.  They do not have to wait for discharge.

The Forsythe Firm has successfully helped military personnel and veterans to obtain SSDI benefits for almost two decades.  Consultations are free and we will never charge a fee unless we settle your case favorably and with back payments to you.

We are located in the Bridge Street area, adjacent to Redstone Arsenal, Gate 9.

SERVICES OFFERED BY THE FORSYTHE FIRM
  •  Filing of applications and forms to start your claim
  • Collection of medical evidence to prove your claim
  • Help with getting maximum benefits and back pay
  • Problem solving - keeping your case moving to resolution
  • Appeals and hearing representation (if required)
  •  Local, full service firm dedicated to Social Security disability (We do nothing else).
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
Research Park - Across from Bridge Street
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE - OUR WEBSITE 

Sunday, March 11, 2018

WHAT IS SOCIAL SECURITY'S 'DURATION REQUIREMENT'?

Social Security does not pay for impairments or disabilities that last for less than 12 months.  There is no short term disability benefit with Social Security.

You must have at least one impairment that has (a) lasted for at least 12 consecutive months, (b) is expected to last for at least 12 consecutive months, OR (c) is expected to result in death. 

Does this mean that I should wait 12 months to file a disability claim?  No, absolutely not.  As soon as you have a medical condition expected to keep you from working for at least 12 months, you should file a claim immediately.  However, if your doctor says you will be able to return to work within 12 months of the onset of your condition, you would not meet the duration requirement.

May I file a disability claim before I stop working?  No.  If you are still working full-time, you are not legally disabled according to Social Security rules, regardless of how much pain you have or sick you are.  There is an exception for part-time work where earnings are less than $1,180 per month (before tax).  
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The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297

Free Consultations
Never a fee until you get paid

SOCIAL SECURITY JUSTICE - WEBSITE 

NORTH ALABAMA SOCIAL SECURITY DISABIILTY HELP

The Forsythe Firm assists individuals in north Alabama and middle Tennessee Social Security disability claims:
  • Filing the initial applications for you
  • Help obtaining medical records and evidence
  • Mediation with Social Security / the Government
  • Appeals
  • Hearing representation and preparation
There is no charge for our services until your claim is approved and you receive back pay from Social Security.  Free consultations.

BASIC REQUIREMENTS FOR SSDI BENEFITS:
  •  Sufficient work history to be covered.  For most folks, this is 5 years of work out of the most recent 10 year period.  Rules are different for very young individuals.
  • A medical impairment severe enough to prevent you form working at any full-time job.  This impairment must have lasted or be expected to last for at least 12 consecutive months (called the "duration requirement").
  • There must be medical evidence to prove your severe impairment(s), that is, doctor's records.
  • You cannot now be working at substantial gainful activity (earning at least $1,180 per month) from your job or work activities.
 What Happens When You Contact Us?

When you call us, we will talk to you on the phone for a few minutes and get some basic information about you and your disability.  We want to find out if you meet the requirements to file an SSDI claim.

We will usually set up a free in-office consultation where you come in and speak to one of our experienced advocates face-to-face.  We may then take an application and help you complete all the forms needed to file an SSDI claim.  We will file the claim for you so you never have to go to the Social Security office.  We will thoroughly explain the process, the time frame and what to expect.

When Do I Pay You a Fee?

All of our work is free until you win your Social Security claim and receive back pay.  You will pay no deposit, costs or any other fees until that happens.  If you do not win and receive back pay, we will never charge you a fee.  So, you pay only if you get a good result.  If we take your case, we pay all costs associated with it until it settles favorably.

Tell Me About Your Firm

The Forsythe Firm is a local organization specializing in Social Security disability.  It's all we do.  For 15 years, we have helped thousands of claimants with Social Security disability.  We work with clients all over north Alabama and in middle Tennessee.  Our advocates handle every phase of Social Security claims--from filing the initial application to appearing before administrative appeals judges, to appeals at the Appeals Council level, if required. The advocate that you meet for your first consultation will stay with you case until it settles. You will be a person with a name and face at our firm, not just a claim number.

CONTACT US

Most contacts with our firm begins with a simple phone call.  (256) 799-0297.

OUR WEBSITE: SOCIAL SECURITY JUSTICE 
 
 

ATHENS AL SOCIAL SECURITY DISABILITY ASSISTANCE

The Forsythe Firm assists individuals in Athens and Limestone County with Social Security disability claims:
  • Filing the initial applications for you
  • Help obtaining medical records and evidence
  • Mediation with Social Security / the Government
  • Appeals
  • Hearing representation and preparation
There is no charge for our services until your claim is approved and you receive back pay from Social Security.  Free consultations.

BASIC REQUIREMENTS FOR SSDI BENEFITS:
  •  Sufficient work history to be covered.  For most folks, this is 5 years of work out of the most recent 10 year period.  Rules are different for very young individuals.
  • A medical impairment severe enough to prevent you form working at any full-time job.  This impairment must have lasted or be expected to last for at least 12 consecutive months (called the "duration requirement").
  • There must be medical evidence to prove your severe impairment(s), that is, doctor's records.
  • You cannot now be working at substantial gainful activity (earning at least $1,180 per month) from your job or work activities.
 What Happens When You Contact Us?

When you call us, we will talk to you on the phone for a few minutes and get some basic information about you and your disability.  We want to find out if you meet the requirements to file an SSDI claim.

We will usually set up a free in-office consultation where you come in and speak to one of our experienced advocates face-to-face.  We may then take an application and help you complete all the forms needed to file an SSDI claim.  We will file the claim for you so you never have to go to the Social Security office.  We will thoroughly explain the process, the time frame and what to expect.

When Do I Pay You a Fee?

All of our work is free until you win your Social Security claim and receive back pay.  You will pay no deposit, costs or any other fees until that happens.  If you do not win and receive back pay, we will never charge you a fee.  So, you pay only if you get a good result.  If we take your case, we pay all costs associated with it until it settles favorably.

Tell Me About Your Firm

The Forsythe Firm is a local organization specializing in Social Security disability.  It's all we do.  For 15 years, we have helped thousands of claimants with Social Security disability.  We work with clients all over north Alabama and in middle Tennessee.  Our advocates handle every phase of Social Security claims--from filing the initial application to appearing before administrative appeals judges, to appeals at the Appeals Council level, if required. The advocate that you meet for your first consultation will stay with you case until it settles. You will be a person with a name and face at our firm, not just a claim number.

CONTACT US

Most contacts with our firm begins with a simple phone call.  (256) 799-0297.

OUR WEBSITE: SOCIAL SECURITY JUSTICE 
 
 

APPLYING FOR SSDI BENEFITS WHILE YOU ARE STILL WORKING

If you are still working at 'substantial gainful activity' you cannot apply for Social Security disability.

It doesn't matter how sick you are or how unable to work you may be -- working a full-time job disqualifies you for SSDI benefits.  Generally, you have to quit work first then apply for Social Security disability.  

This puts many people in a bad financial position, especially since it may take months or years to get approved for Social Security.

Here is the specific rule about working:

In 2018, you are considered to working at 'substantial gainful activity' if you are earning wages, salary or commissions of at least $1,180 per month before tax. This also applies to self-employment income.  It does NOT apply to non-earned income (money you receive without working for it (alimony, child support, investment income, rent, disability or pension payments, etc.).

If you work part-time and earn less than $1,180 per month, you may still be able to apply for SSDI benefits.

QUESTION:  "I still work full-time and earn over $1,180 per month.  However, I work in tremendous pain and my doctor says I should quit work.  Can I apply for SSDI benefits?"

ANSWER:  No.  As long as you continue to work and earn the Substantial Gainful Activity (SGA) amount, you cannot apply for SSDI or SSI benefits.

QUESTION:  "If I can't keep working until my Social Security disability is approved, how am I to survive financially during the long SSDI application process?"

ANSWER:  There is no good answer.  But you cannot work and apply for SSDI at the same time.  If your employer offers a disability insurance program through your job, check to see if you could qualify for those benefits if you have to stop working.  Also, consider whether you can work part-time and earn less than the SGA limit ($1,180 per month).  That may allow you to apply for SSDI while working part time.

QUESTION:  "So, how long is it realistically going to take to get Social Security Disability benefits started?"

ANSWER:  The time will vary for each individual.  3 to 4 months to get the initial decision is average.  If an appeal (hearing) is required, it can take 2 more years due to the national backlog of appeals.  There are a few rare exceptions for dire need where hearings can be arranged sooner, such as in the case of terminal illness, homelessness and a few other exceptions.

My office will be glad to provide you with a free, no obligation consultation.  Perhaps we can give you more direction on your claim and some advice on how to proceed.  We never charge a fee unless (a) you appoint us to represent you, (b) you eventually win your claim, and (c) you are able to get past due benefits from Social Security.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Bridge Street Area
PH (256) 799-0297

SOCIAL SECURITY JUSTICE: WEBSITE 



Thursday, March 8, 2018

YOUR DISABILITY CLAIM WAS DENIED: IT WAS PROBABLY A MISTAKE!

You applied for Social Security disability.  They sent you for an examination, then denied your claim.  IT IS PROBABLY A MISTAKE.

Never assume that Social Security decisions are correct or legal.  In many cases they are neither.  Like any other large organizations, Social Security makes errors and poor judgments.  Those mistakes are corrected in the appeal process.

RULE NUMBER 1:  If your disability claim was denied, appeal within 60 days.

RULE NUMBER 2:  See Rule Number 1.

How is the appeal process different?  First, you will appear before a high level decision maker (judge) who understands the ins-and-outs of Social Security law.  You get to sit 10 feet from the judge and talk about your disability.

Second, you get to take your attorney or professionally trained advocate with you to the hearing.  This representative understands the errors made in the denial decision and how to approach the judge for a new and more favorable decision.

At the hearing, the judge is not bound by any decision made previously.  He or she will give you a completely new decision.

What are the disadvantages of an appeal?  None.  You have everything to win and you risk nothing.  You cannot be charged a legal fee unless you win, so no risk there.
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The Forsythe Firm
Practice Limited to Social Security Disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297 

Social Security Justice - The Forsythe Firm

"Never a fee unless you win your case"

 

 

Saturday, March 3, 2018

SHOULD YOU HAVE A SOCIAL SECURITY DISABIITY HEARING BY VIDEO?

Responding to the severe backlog of hearings and the long wait time to get a hearing, Social Security is now doing a large percentage of their disability hearings by Video-Teleconference (VTC). 

But do you really want to have your hearing by VTC?

You have a choice.  You can opt out of video hearings, if you do so according to the rules.  (More on that later).

The major advantage of a video-teleconference is that it shortens the wait time for a hearing.  However, my research indicates that it only shortens the wait time by 1 or 2 months.  Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.

What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings.  A 5 percent increase may not sound like much, but it is significant.

What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen?  Here is the rule you must follow:

Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference.  This is normally in a packet of materials sent out a few months after you submit your appeal.  Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice.  A form is sent with the notice for this purpose.

There may be instances where attending a hearing by video-teleconference is a good idea.  An example would be if you are in a hearing office with very low award rates.  A video hearing may give you a better chance but there are, of course, no guarantees.

Need help with a Social Security disability claim or appeal?  Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville.  (We work with clients all over Alabama and middle Tennessee).

  THE FORSYTHE FIRM
Practice Limited to Social Security disability 
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297

SOCIAL SECURITY JUSTICE - MORE INFORMATION