VETERANS DISABILITY OF HUNTSVILLE

There are a few changes to Social Security in 2017. The cost of living increase will be 0.3% for persons receiving Social Security checks.  This will amount to about $5 per month for the average beneficiary. The amount of earnings needed to count as one quarter of coverage will increase to $1,300. This primarily affects non-retired, non-disabled persons who are still working. Are you disabled and need to receive a Social Security disability check?  Have you applied for disability but been denied?  You should consider using professional to represent you and try again.  You may be entitled to benefits, even if you've been denied recently.  It will cost you nothing to try again.  You never pay your representative unless you win and collect past due benefits.  (Representative's fees must be paid out of past due benefits). For help, call (256) 799-0297. Visit Our Website Here  

The Forsythe Firm i n Huntsville has experience and proficiency in helping disabled veterans get approved for Social Security disability--even after they have been denied. "Most approvals come after at least one denial," says Charles Forsythe, senior partner and disability specialist at the Forsythe Firm. The initial decision on a disability claim is are made by the state of Alabama, not by Social Security.  A state agency known as the Disability Determination Service, or DDS for short , decides if a claimant technically meets the medical req uiremen t for disability.   Forsythe explains, "The DDS denies about 7 out of 10 disability claims, often through error.  It is up to the claimant to challenge the denial with an appeal and get matters corrected."  There is a 60 -day deadline to file this appeal. "Nobody expects Social Security to get every decision right," Forsythe adds.  "Just the opposite.  We expect them to get many of them wrong...

When individuals apply for disability, Social Security will often refer them to one of their contract doctors for a consultative examination.  More often than not, the doctor will not find any disabling impairment.  As a result, Social Security will deny benefits. However, the opinions of these doctors are often easily refuted in court and claims that were denied on the basis of their "examinations" may be overruled and approved. Here is what you should know about these superficial consultative exams by Social Security: 1)  The exams are usually brief, superficial and insufficient to determine if you are able to work. 2)  The law requires that more weight be given to the opinions of your own doctor than those of the consultative doctor. 3) A one-time examination is often legally insufficient to form a conclusion about disability. 4)  Social Security's doctor is seldom a specialist, and even if he is, not a specialist in your disabling impai...

A study shows that only 26 percent of disabled veterans are receiving Social Security Disability payments.  Veterans have paid into the Social Security trust fund since 1955 and are entitled to receive SSDI payments in addition to VA disability if they become unable to work under Social Security rules.  Why do so few vets receive SSDI benefits?  There are several possible reasons. Veterans don't know that they can get Social Security in addition to VA benefits. Veterans may have a VA disability but don't always qualify for Social Security, which is a separate program. Vets apply for SSDI, get denied, then give up without filing an appeal (where most claims actually get approved).  An impairment that causes disability does not have to be service connected.  If the veteran became disabled while on active duty (for any reason), he or she may be eligible for Social Security benefits. What steps does the veteran need to take to be considered for benefits fro...

Veterans are eligible to apply for Social Security disability benefits in addition to VA benefits (at the same time).  However, veterans often get poor advice and wrong information about Social Security--even from the Social Security Administration. Here are a few facts related to veterans and Social Security disability.   You may be able to get Social Security disability benefits (SSDI) while on active duty in some branch of the US armed forces. If you are unable to perform your duties, you may qualify for SSDI. 2.  If you are still receiving active duty pay, but are unable to perform your duties, you may qualify for SSDI benefits. 3.  You do not have to  wait until you are discharged from ac tive duty to get SSDI benefits.  You may qualify for benefits while you are in the process of leaving the military.     4. You need not have a 10 0 percent VA disability rating to be approved for Social Security. 4.  Im pairments ar...

Social Security disability is awarded base on a claimant's limited ability to function.  It is not awarded based on diseases, but on functional limitations. The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire.  The official name of the document is the "Function Report." The Function Report is an 8- page document with Sections A-D and it contains approximately 60 questions. I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time.  This is a crucial mistake.  You should spend a lot of time with this form.  In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely. The Function Report will ask you things like: Do you cook your own food? Ho...

Why do more disabled veterans turn to the Forsythe Firm for trusted help and guidance on Social Security disability?  One reason is our free disability claims evaluation. The Forsythe Firm in Huntsville, AL is offering free, no obligation evaluations of Social Security disability claims.  We will evaluate your claim before you file, recommend the best approach and tell you the strengths and weaknesses of your claim.  Every claim is different. Factors that must be considered in any claims analysis include: Your age Your education Your past work history and experience Your medical conditions - both physical and mental How much medical treatment you have received and are now receiving?  Do you meet a Listed Impairment (not required)?  Can you qualify for a Compassionate Allowance and faster approval?  Are you a disabled veteran?  (You may qualify for e xpedited processing). How does a free case evaluation work?  First, we will s...

If you are a disabled veteran with a 70 percent or higher VA disability rating, there is an excellent chance you may also qualify for Social Security disability benefits.  The Social Security process is totally separate from the VA process, however a high VA disability rating only helps your Social Security claim. Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) And one circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).) In addition, Social Security Ruli...

Wounded Warriors who became disabled while on active duty any time after September, 2001 (whether the disability is service connected or not) may qualify for additional Social Security disability benefits. Veterans with a 100 percent permanent, total VA disability rating may also qualify for expedited claims processing.  This may reduce the processing time for claims from years to a few weeks or few months. There are now over 1 million disability claims waiting in line at the Social Security Administration, causing a tremendous backlog and long waiting times for decisions.  Veterans with the 100% VA disability rating are expedited and do not wait nearly as long for a decision.  A quicker decision means quicker benefits. The Forsythe Firm in Huntsville helps veterans to file, prepare and win Social Security disability claims.  There is no fee unless you win and receive back pay.  In that event, Social Security will withhold our approved fee and pay us direc...

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer. All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability. Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A...

It is no secret that Social Security is backlogged in trying to hold hearings.  And we all know it is taking up to 24 months for a claimant to get a hearing scheduled.  The obvious answer would be for Social Security to hire an adequate number of administrative law judges; however, Congress simply will not appropriate enough money for that.  So, how does the Social Security Administration react?  By offering claimants the option to have a hearing by video-teleconference (VTC).  At a VTC, the claimant and representative appear in a hearing center near the claimant's home.  However, the judge may be in another city, even another state.  Witnesses called by Social Security, such as the vocational expert, may be anywhere:  in the room with the claimant, in the room with the distant judge, or even at home and testifying via telephone (hopefully with a good connec tion). Why would a claimant sign up for a n a rrangement like a hear...