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Showing posts from February, 2016

HOW TO GET A FREE DISABILITY CLAIM EVALUATION

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...

VA RATING CAN HELP YOU GET SOCIAL SECURITY DISABILITY

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...

DO YOU QUALIFY FOR AN EXPEDITED SOCIAL SECURITY DECISION?

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...

USE BOTH PHYSICAL AND MENTAL RESTRICTIONS TO WIN DISABILITY

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...