HOW TO WIN A SOCIAL SECURITY DISABILITY CLAIM

By Charles W. Forsythe, Disability Specialist at the Forsythe Firm, Huntsville, AL

Social Security regularly denies Social Security Disability Insurance (SSDI) claims. Having represented hundreds of claimants over 25 years, I can offer a few tips on how to increase your chance for approval.

1. Check to see if you meet the basic requirements before applying. Here is a brief checklist.

Have you worked recently enough to have the required work credits?

Have you stopped working at Substantial Gainful Activity (SGA)?

Do you have at least 1 severe impairment that prevents you from working?

Has that impairment lasted for at least 12 straight months, is expected to last for at least 12 straight months, OR to end in death?

2. Talk to your doctor. While many doctors don't know the specific rules for getting SSDI benefits, they may be able to encourage you to file a claim if they feel your condition is severe.

3. Evaluate whether you have enough objective medical evidence to prove your claim. This means consistent and current medical treatment by a qualified doctor.

4. Go to a specialist if possible. Social Security may give extra weight to medical treatment by a specialist in your disease. Example: Go to a cardiologist for heart trouble.

5. Be sure to report ALL your treating doctors, clinics, therapists, etc. to Social Security on your application. Give names, addresses, phone numbers and most importantly approximate date range of treatment with each provider. Example: November 2022 through April 2025.

6. Understand Your Burden of Proof and How Age Affects Your Claim. Generally, a claimant who is under age 50 must prove that he/she cannot perform any past relevant work NOR any other work which exists in the national economy.

7. Ignore much of the non-professional advice you receive. Your friends, neighbors, co- workers and others mean well. But there is too much false information floating around

about Social Security disability. Even the internet is full of misleading or plain false statements about SSDI. No two cases (and I mean NO 2) are alike. Your claim is made distinctive because of age, education, past relevant work, transferable skills, residual functional capacity and other factors. Just because your friend got approved with a condition very much like yours does not mean you will be approved.

8. Ignore advice to research the "Blue Book Listings." 9 out of 10 claimants who are APPROVED will not meet one of the Listings. This is the most unlikely way to get approved because the Listings are notoriously (nearly impossible) to meet. You do NOT have to meet a Listing to get approved for SSDI. If you don't have a calamitous disease you probably will not meet any Listing. But you still may be approved.

9. At least talk to a Social Security disability lawyer. Talk is usually free. I'm not sure why claimants have such a disdain about talking to an expert in the field of disability. If your original application is denied, for heaven's sake, talk to a lawyer or qualified non-attorney advocate who knows the system and has experience with it. There cannot be a legal fee unless

A. You win your claim, and

B. Receive past due benefits or "back pay" (a large lump sum settlement)

10. Most claims ARE denied, so appeal the decision within the required 60 day deadline for appeals. And please, consider getting a good appeals lawyer at this point. You are probably headed for a hearing before a federal Administrative Law Judge, and regardless of what you hear--it's not something you want to DIY. Do-It-Yourself is fine for some things but not for things like taking out your appendix, prescribing medications, or appearing before federal judges.

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    The Forsythe Firm is located near the famous Bridge Street in Huntsville, AL. We will give you a free consultation with no pressure and no "sales pitch." If we represent you, our service is FREE until you win your case and recover your past due benefits. Social Security will pay qualified representatives (like us) directly out of your past due benefits. It's simple as a phone call to start. (256) 799-0297. I will speak with you personally and treat you with respect.