WHY IS MY DISABILITY CLAIM TAKING SO L-O-N-G?

We hearing comments like the following every day:

"I've heard nothing from Social Security in months.  I desperately need my money.  What's taking them so long?"

It's nothing short of a national crisis.  It can easily take 24 months to get disability approved.  Some claimants die waiting.  It seems Social Security has no mercy.

The biggest problem is one of mathematics.  Nationally, there are about 1,100,000 disability claims waiting for a hearing.  There are only about 1,200 administrative law judges available to hear these cases.  If you do the math, you see that a judge must average holding 917 hearings before he/she gets to your case.  And on average, a judge will dispose of less than 3 cases per day.

So, a claimant needing a hearing will wait about 18 months to be scheduled.  That's on top of the 4 months it took to get an application processed and denied.  

It's a real mess and it's getting worse by the day.

I've always felt that the root of the problem lies in the application process.  About 71 percent of applications get denied initially.  Many of those claimants turn out to be legitimately disabled and entitled to benefits.  Yet, the appeal (hearing) system is clogged up with claimants who should have been paid years ago and should not be waiting in line for a hearing.   

The state agencies (called "Disability Determination Agencies" or DDS*) should do a better job of deciding who is qualified for benefits and who is not.  I favor adding a face-to-face encounter, or interview, in the application phase of the process.  There are other changes that could reduce the number of individuals who must wait on a judge to decide their case.  Of course, some cases need to go before a judge, but not 70 percent of them.

As I've stated, this is nothing short of a national crisis.  And contrary to what you've heard, it has little to do with fraud or abuse.  It has to do with a system that cannot deliver on what it contracted with the American people to do back in 1956 when the Government mandated a national disability insurance plan and required every worker to participate.
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*DDS, according to the old lawyers' joke, stands for "Disability Denial Service."  They deny over 7 out of 10 applications.
     

FIND SOCIAL SECURITY ON SOCIAL MEDIA

It used to be that Twitter and Facebook were entertaining sidelines.  Now, they are an integral part of most people's daily lives.  Social Security has made it easier to use social media to connect with them.  This can provide quick,easy information on their programs and benefits.

Connect with Social Security on

• Twitter (twitter.com/socialsecurity);
• Facebook (www.facebook.com/socialsecurity); and
• our social media hub (www.socialsecurity.gov/socialmedia)

And you can always access www.socialsecurity.gov for detailed program and benefit information. 

If you need help with a Social Security disability claim or appeal, please contact us at the Forsythe Firm.  Phone us at (256) 799-0297.  Find us on the web at www.forsythefirm.com

There's never a charge for our help until we get you approved and paid.

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The Forsythe Firm is a private professional firm, not affiliated with the Social Security Administration or the US Government.  We work for you, our clients.

SEIZURES & DISABILITY BENEFITS

Epileptic seizures or epileptic-like seizures sometimes called "pseudo-seizures) can be disabling under Social Security's rules.  These seizures are generally classified as convulsive or non-convulsive.  The following are key considerations to being approved for seizures.

1)  You must be under a doctor's care for your seizure disorder.  Your doctor must be prescribing anti-seizure medication and monitoring your compliance with regular blood tests.  The doctor must have an opportunity to change the medication or adjust the dosage to try to control the seizures.

2)  You may get a benefit if you have been under a doctor's treatment for at least 90 days and are still experiencing at least one seizure per month.

Social Security may ask you to describe what happens during a seizure:  loss of consciousness, falling, convulsing, tongue biting, urinary or bladder continence, etc.  

I recommend that you try to keep a journal or diary which records the date of each seizure and have a family member or someone describe the seizures.  

Basically, Social Security may pay benefits for a seizure disorder if the seizures cannot be controlled with medications and they significantly interfere with your ability to perform work activity on a full-time basis. Your doctor will have to provide medical evidence to support your claim.

DON'T DEPEND ON SOCIAL SECURITY'S DOCTOR!

What does the Social Security doctor look like?

        ​​MLXL

 

Well,  maybe not.  But this is how I picture him.  He isn't going to help you get any benefits from Social Security if it's up to him!

These doctors perform "consultative exams" for Social Security.  They seldom help your case because the usually report that you have no severe impairments that would prevent you from working. It's just what they do.

 

Social Security doctors often seem to have a severe bias against the disability program.  They seem to believe that everyone can and should be working, no matter what. 

You end up being examined by a Social Security doctor because you don't have much treatment history from your own doctor.  It is much better if you see your doctor regularly.  It is also best if you are able to see a specialist. For example, see a rheumatologist for arthritis, joint pain or fibromyalgia.  See a cardiologist for heart problems.  Visit an orthopedic specialist for back problems, etc.

I see a lot of clients who haven't been to their doctor in a long time.  They believe that Social Security will send them to one of their doctors, then use that doctor's report to approve their benefits.  I can't remember the last time I saw it work that way. Actually, I don't think I've ever seen it work that way.

My point is:  Get examined by your own doctor if possible.  If you don't presently have a doctor, try to find one and establish care.  Your health will probably benefit and when it comes to a disability claim, you will be better off.

WHY CLIENTS RATE US NUMBER ONE DISABIITY ADVOCATES

Why do our clients consistently rank us the Number One disability advocacy firm in Alabama?  That's a high honor and one we work hard to keep.

1.  We offer personal, individual service.  To us, you will never be a Social Security number or a faceless file.  It's about your needs, your case and your situation.

2.  The Forsythe Firm is a full-service advocacy firm.  We handle everything from helping file the initial claim, to administrative appeals and Appeals Council reviews.

3.  We only work on Social Security problems.  Unlike many firms, we don't concern ourselves with matters outside of Social Security disability.  It isn't a sideline with us, it's our only job.

4.  Our firm is here for you all the time.  You will have your advocate's personal cell phone number.  He will answer the phone personally.  Your calls will get returned.

5.  We will put forth maximum effort to win your claim and get you paid so you can get on with your life.  Disability is a life changing event but we can make it easier to deal with.

Come see why the Forsythe Firm is consistently ranked as the Number 1 disability advocate firm in Alabama.  Call us for free information or to schedule a no cost/no obligation appointment right here in Huntsville.  (256) 799-0297