HOW DOES BEING FIRED OR "LET GO" EFFECT YOUR DISABILITY CLAIM?

Most of us would view getting fired or "let go" from a job to be a terrible thing.  In fact, we might go out of our way not to mention it.

But when you're filing for Social Security disability benefits, being "let go" can be evidence that you tried to work but weren't able.  Trying to take a job demonstrates motivation to work, desire to work and enduring pain or other symptoms while trying.

If your employer lets you go because of the fact that you were not able to perform your job duties satisfactorily due to your illness (injury), that often convinces a judge that you have done all in your power to keep working.  It is not a negative thing at all.

If you work less than 90 days and must stop due to your impairment(s), we refer to it as a "failed work attempt."  Instead of counting against you in a Social Security hearing, it may actually work in your favor.

Your work history is very important in SS disability cases.  But if you were terminated due to medical or mental impairments, own up to it.   

I remind claimants in these situations:  "You're not going for a new job interview; you're going to a disability hearing.  If you got tried to work and got fired--fine.  That can help your case." 

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Charles Forsythe provides professional assistance with Social Security disability applications, appeals and hearings.  If you have Social Security disability problems, or just want to avoid having them, call us.  (256) 799-0297. 

WHY HIRE THE FORSYTHE FIRM for YOUR DISABILITY APPEAL

Why hire the Forsythe Firm for your Social Security disability case?

1.  Experience - We do nothing but Social Security disability work.  We're focused.

2.  Knowledge - Our advocates know Social Security rules and regulations.

3.  Skill - Our firm has handled over 1,000 disability court hearings.

4.  Trust - We're thankful for the trust our clients have placed in us over the past 23 years.

5.  We charge no money upfront and you never pay a fee unless you win with recovered past due payments or back pay.  No win - no fee.

It' Simple to Get Started 

Getting started is as simple as a telephone call to our Huntsville office.  We will get some basic information over the phone, then advise you of the next steps to take to protect your rights and get the benefits you deserve.  (256) 799-0297.

 

HOW TO HANDLE A SOCIAL SECURITY MEDICAL EXAM

If you apply for Social Security disability, you may be asked to attend a medical examination.  These are called consultative exams  (CE) and are carried out by medical professionals hired by the Social Security Administration.  You will go the doctor's office for the exam, which will typically last about 30 minutes.  (This article talks about physical exams).

The doctor may have a number of questions that Social Security wants answered.  For example, a doctor may be asked to check your range of motion (joints).  In most cases, the doctor will perform a standard exam and make a report to Social Security.

Here are a few general tips regarding this examination:

• Arrive 15 minutes early.  
• Don't smoke before your exam; doctors report this and it turns them off.
  
• Have someone drive you and accompany you to the exam, if possible.
• Take all your prescription medication with you in original bottles.
  
• Be prepared to tell the doctor why you are unable to work:  this must be due to medical and/or mental reasons and you should be specific.
• Be prepared to give the examiner important facts about your medical history:  surgeries, medical providers, symptoms you have regularly.
• Know that you may be watched from the moment you arrive in the parking lot until you drive away at the end of the examination.

 Things NOT to do or say at your exam:

• exaggerate your condition or symptoms - honesty is key.
• minimize your symptoms - just tell it like it is. 
  
• "I could work if it wasn't for (this or that).....
• "I am doing just fine today."  (Will be taken literally)
• Press the doctor for an opinion on whether you are disabled; doctors do not make this decision and they do not approve benefits
• Talk about anything the examiner doesn't ask about:  no talking about family, hobbies, kids, pets, vacations, helping neighbors, sports, etc.

Try to be cooperative with the examiner.  You may be asked to perform certain functions as heel-to-toe walk, bend, touch your knees, perform a straight leg raise, etc.  Put forth a good effort. But if you can't perform the activity just say so.

You should not miss your exam.  Social Security is reluctant to reschedule exams.  If you must reschedule an exam ahead of time, do not call the doctor.  Call your case worker at the Disability Determination Service (DDS) who scheduled the exam for you. Only they can reschedule it.

You will not be charged for the consultative exam (CE) and the doctor you see will not provide any treatment or or referrals and will not prescribe any medications. or refills.

WHY YOU MUST HAVE A DOCTOR TO GET SOCIAL SECURITY DISABILITY BENEFITS

 Social Security relies on medical information from doctors, clinics and hospitals to determine how severe a physical or mental condition is. No matter how disabled you may think you are, the Social Security Administration (SSA) will not pay benefits without precise medical documentation.

The road to disability benefits runs straight through your doctor's office.

When you ask Social Security for a disability benefit you are making an allegation.   That's not enough.  You need proof.   Proof comes from a doctor, clinic, hospital or other source which has documented the severity of your medical or mental condition(s).

 Won't Social Security send me to a doctor after I apply for benefits?

The answer is, yes, sometimes they do.  However. this quick one-time exam is usually not sufficient for approval.  More often than not, Social Security will deny a claim where the only medical evidence is from their consulting doctor.

If you or a loved one are thinking about Social Security disability, we urge you to develop a treatment plan with a doctor or appropriate medical or mental provider for documentation.

If you wish to talk about Social Security disability--or just ask questions--I am always happy to speak to you.  Just call me at (256) 799-0297.  

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Charles W. Forsythe, The Forsythe Firm, 7027 Old Madison Pike, Huntsville, AL 35806.  (256) 799-0297.  The call is free.

WHY CLAIMANTS LOSE THIER SOCIAL SECURITY CASES

Ever wonder why so many Social Security disability claimants are denied benefits?

• The person’s condition didn’t or wasn’t expected to last more than 12 months (4.3%).
• The court didn’t consider the person’s condition severe enough (24.8%).
• The court considered the person able to do their past relevant work (8.6%).
• The court considered the person able to do another type of work (41.8%).

So, during your hearing, you’ll need to prove that you have a long-lasting condition that makes you unable to work. A lawyer can help you make this case. The key word is "prove," which is the work of lawyers or skilled legal advocates.

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Charles W. Forsythe provides assistance for disability claimants in north Alabama. Free consultations (256) 799-0297.