DISABILITY CLAIMS IN ALABAMA ARE TRICKY. THINGS YOU MUST KNOW TO WIN.

 It is more difficult to get approved for disability in Alabama than at any time in the history of Social Security.  

Between 70 and 80 percent of applications for benefits are denied.  The reason they usually give is, "You are not disabled according to our rules."

Social Security's definition of disabled is very strict and difficult to meet.  Therefore, most people who consider themselves to be "disabled" are not disabled according to Social Security standards.

The solution to this problem is getting an attorney/advocate who understands Social Security disability and how to get it.  You will probably need to go through the 2-step appeal process.  The final step will be to appear before a US Administrative Law Judge.

Medical and vocational evidence must be prepared to prove that you meet the requirements for disability.  This will involve a close analysis of your medical history and treatment.  It will also involve a close examination of the types of work you have performed during the past 15 years.  The more exertional or physically demanding your past work has been, the more likely you are to be approved.

"I Can't Afford an Attorney and I Don't Want to Run Up a Big Legal Bill, then Lose My Case."

This cannot happen because Social Security protects you from that possibility.  An attorney or representative is not allowed to charge you a fee until....

1.  You have won your disability claim, and

2.  Been awarded past due benefits or back pay.

So, there is no risk.  If you don't win, you don't pay.

Individuals are more likely to be approved if they are over age 50.  Younger individuals must have a severe impairment that prevents any type of full-time to be approved.  Also, impairments must have lasted, or be expected to last, at least 12 straight months.  There's no benefit for short-term impairments/disabilities.

My office will be glad to provide you a free case evaluation at no obligation.  This can usually be over the phone in about 10 minutes.  (256) 799-0297.

AGE 50+ MAY ENTITLE YOU TO DISABILITY BENEFITS

 Social Security has special programs available for disabled individuals who are age 50 or over.  Simply stated, it is much easier to qualify for disability benefits if you are 50 plus.

However, it isn't easy.  You must skillfully apply the Medical-Vocational Guidelines (also called "Grid Rules").

The Grids allow you to claim disability based on your age, education, mental/physical impairment, and type of work you have done during the past 15 years.

Most of these claims will be denied initially.  You will need to go through the appeals process and will likely end up before a federal Administrative Law Judge.

But in the hands of a skilled attorney/advocate, the judge can often be convinced to apply a Grid Rule and approve your benefits.

My firm specializes in representing older claimants.  We are experienced at using the Grid Rules to get claims approved.  

Here are the basic requirements to get approved if you are 50 plus:

• You are not presently working or able to work.
• You have worked at least 5 out of the most recent 10 year period.
• You have no sedentary (sit down) work in your work history
• You have a severe physical or medical condition.
• You are receiving current medical treatment by a licensed physician.
• Your condition will keep you from working for 12 straight months or more.  (There is no short term disability benefit).

CAUTION:  It is normal to be denied on the first try; almost everyone is.  It is in the appeal process that you can get approved.

If we represent you in your appeals, we will never charge you a fee or any expense until:  (A) You win your benefits, and also (B) Collect past due benefits in a lump sum.

Then, our fee must be approved by the Social Security Administration, and it will be paid directly by the US Government.

Call today for a free, no obligation case evaluation.  We are in Huntsville, AL and serve all of Alabama and middle Tennessee.  Call us at (256) 799-0297.

_____________

Visit Us on the Web:   

https://forsythefirm.wixsite.com/website

E-Mail Us Securely:  forsythefirm@gmail.com

WHEN CAN I APPEAL A DENIED DISABILITY CLAIM?

If Social Security denies your disability claim, you may file an appeal within 60 days of the decision.  Social Security will assume that you received a notice of their decision 5 days after the date on the decision.  So, really, you can take 65 days--but no more.

Should You File an Appeal?

In most cases, yes, you should absolutely file an appeal.  The initial application process is not even close to perfect.  In fact, it is laden with errors.  Claimants who are absolutely qualified for disability benefits and who should be paid are routinely denied.  These errors can only be fixed with a formal, written appeal to Social Security.

Do you need a sensational or spectacular reason to file an appeal?  No, not at all.  The appeals process has been established to give a claimant more than one review.  The more closely your claim is examined, the more chances you have to be approved.  At the hearing level, a trained judge will examine your application to decide if you really should be paid a benefit.  In almost one-half of these cases that reach a judge, the benefit is paid.  (The actual percentage for 2019 was around 45 percent).

Why Should You File an Appeal?

1.  It is your best chance of being paid.
2.  It is the only way to have mistakes in your file fixed.
3.  Refiling your claim will probably be a waste of time.
4.  An appeal can save your past due, retroactive benefits.
5.  It costs you nothing to appeal.

________
The Forsythe Firm
Huntsville, AL
Practice Limited to Social Security Disability\
PHONE (256) 799-0297