By: Charles W. Forsythe The natural result of a Social Security disability application is denial. Many of these denials are unavoidable because the process is designed to deny claims, not approve them. However, many claims are denied because the claimant made mistakes in the application or other forms. Two crucial forms that may shipwreck your claim are: The Work History Report. After you turn in the original application, Social Security will send you a Work History Re

Receiving Social Security disability payments depends on one thing: Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months. Who decides if you are able to work? The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step exa

By Charles W. Forsythe at The Forsythe Firm A Social Security disability hearing lasts 45 to 60 minutes. It is held in a small conference room presided over by an Administrative Law Judge (ALJ). Also present are the claimant, the claimant’s attorney, a court reporter and a vocational witness. These hearings are closed to the public and the record is kept out of public view permanently. After the hearing, the ALJ will review the hearing record and may review me

WHAT'S IMPORTANT IN YOUR DISABILITY HEARING (SOCIAL SECURITY)? By: Charles W. Forsythe, MS There are several important "ingredients" in your Social Security disability hearing--things that will influence your decision (approval/denial). Here is my list of 4 things, the most important being on top: 1. Medical Evidence - The law requires objective medical evidence from doctors, hospitals or other treatment providers. Medical evidence must prove the existence of one or more s

By Charles W. Forsythe at The Forsythe Firm I write this post in September of 2026. Within the last 10 minutes I have received 2 scam calls from the same person (different phone numbers), telling me I may qualify for an extra $250 from Medicare this month. Totally phony, 100 percent scam. Hang up immediately if you get one of these calls. Here is how the scam goes: You receive a call from what looks like a local number (It is not). A recorded female voice says: "You ma

Here's a question from our mailbag this week: I hear people speak of a "closed period" disability claim with Social Security. What is that?" A "closed period" of disability is a disability benefit that has both a starting date and an ending date. This simply means that the disability began on a certain date and ended on a certain date, with no benefits past the ending date. A closed period pays for a disability only for a certain period of time, then stops. Let's say

“My neighbor has the same back problem I have, and he got approved in three months. Why didn’t I?” It is one of the most common questions in Social Security disability cases. It is also one of the most understandable. When someone you know gets approved, it is natural to compare your claim to theirs. If the diagnosis sounds the same, the result should feel predictable. But Social Security disability claims do not work that way. A claim is not decided by diagnosis alone. The S

Evidentiary Standards of the Bench (legal speak), or Proof Required to Win Your Social Security Disability Case By Charles W. Forsythe at The Forsythe Firm The term "evidentiary standards" refers to the evidence needed to prevail in court. Here, we're talking about the standard of proof needed to be approved for Social Security disability (SSDI). SSDI operates according to a strict code, using the 20 Code of Federal Regulations and various other rules, regulations, and even

Waiting for Social Security disability benefits can feel painfully slow, especially when bills keep arriving and work is no longer possible. The good news is that an approved claim may include back pay, also called past due benefits, to cover some of the time before Social Security finally approves the case. For Social Security Disability Insurance, or SSDI, back pay can include two main periods: Benefits for up to 12 months before the date you filed your disability claim Ben

Social Security lawyers are everywhere. They even come on late night TV advertising their services. The ones who advertise heavily usually try to attract thousands of clients all over the USA and they may not be able to provide you with any local or personalized service. They often operate by volume--large numbers of clients serviced by "warehouse" employees, with no real contact with an actual lawyer or advocate. You may be better served with a LOCAL lawyer that you can me

By Charles W. Forsythe The Forsythe Firm Huntsville, AL The hardest disabilities to get approved (for Social Security) are fibromyalgia, chronic fatigue syndrome, and mental health disorders like severe depression or anxiety. These conditions are difficult to get approved through government agencies like the Social Security Administration (SSA) because they rely heavily on self-reported patient symptoms rather than hard, objective laboratory tests. Why Invisible and

By Charles W. Forsythe The Forsythe Firm Huntsville Alabama Once you are approved to get Social Security disability (SSDI) benefits, you are not totally "out of the woods." Why? Because Social Security is very likely at some point to conduct a "Continuing Disability Review" or CDR. This review is conducted every 3 to 5 years to determine if you are STILL disabled and STILL eligible to receive SSDI benefits. If Social Security determines that you have experienced "signi

In the process of a disability application, Social Security may send the claimant for a "Consultative Exam" (CE). This is an examination performed by a doctor who does exams for Social Security for a fee. The fee is paid by Social Security. You might be asked to have a physical CE or a "mental status exam." In this article, I want to discuss the Physical CE. SHOULD YOU ATTEND THIS EXAM? Yes. Failure to attend without a good reason will jeopardize your claim. It migh

By Charles W. Forsythe - The Forsythe Firm in Huntsville The Social Security Administration (SSA) disability decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions: Following your hearing, the Administrative Law Judge (ALJ) reviews the eviden

Do you believe you are disabled and entitled to monthly benefits from the Social Security Administration (called SSDI benefits, for "Social Security Disability Insurance)? Social Security's eligibility requirements are very strict. Here's a partial checklist to see if you meet the basic, technical requirements to receive a disability check: 1. You must not currently be working at "Substantial Gainful Activity" (SGA). In 2026 you must not be working and earning wages or se

Social Security disability hearings often seem straightforward at first glance. Many believe that simply showing up and explaining their situation to a judge will secure benefits. The reality is far more complex. When your Social Security Disability Insurance (SSDI) claim is denied twice, you have the right to a hearing before a federal Administrative Law Judge (ALJ). This hearing is a legal proceeding governed by strict federal rules, and winning your case requires more than

Getting Social Security Disability Insurance (SSDI) benefits is a process. If you give up too early, you may not be approved. However, those claimants who persist through the entire application / appeal process are likely to be approved and paid. Approval is most likely at the hearing stage. This is when you appear before a federal Administrative Law Judge (ALJ) and present your case. Between 50 and 58 percent of hearings result in approval and payment, often with substant

Applying for Social Security disability benefits can be a frustrating experience. Up to 8 out of 10 new claims are denied initially, leaving many applicants feeling discouraged. The good news is that approval rates improve significantly when you appeal, especially if you reach the hearing level. With experienced legal representation, your chances of success increase dramatically. This post explains why having a skilled Social Security disability lawyer can make a difference a

By Charles W. Forsythe (The Forsythe Firm), Huntsville, AL Having practiced almost 25 years in the field of Social Security disability (SSDI), I've learned a few things about the rules, the process and the disappointments. I'm answering many common questions about SSDI. However, this post is for general information, not legal advice. Never act upon an internet post, including this one, without speaking to your own legal professional. This post does not take the place of y

While you may be denied SSDI benefits for a number of reasons, here are some things that will automatically make you ineligible to receive disability benefits (SSDI): Not having sufficient work credits; you haven't paid recently into the SSDI system. Having an impairment that will not last at least 12 straight months or end in death. Currently working at 'Substantial Gainful Activity' (SGA) - earning at least $1,690/month. Being currently incarcerated for more than one month.