Hamilton Herald Masthead

Editorial


Front Page - Friday, April 8, 2022

Jackson makes case for attorneys in disability cases




Photo by David Laprad | Hamilton County Herald Chattanooga attorney Forrest Jackson helps clients with disability claims.

When attorney Forrest Jackson moved back to his hometown of Dothan, Alabama, after law school, he took a job helping people in his community navigate ever-changing and always-frustrating Social Security disability and immediately fell in love with the ability to make a significant change in people’s quality of life.

Growing up, Jackson did mission work through his church, including volunteering at a local assisted-living facility before he even really know what that was. But he grew to have an affinity for people living with disabilities.

 “I really enjoyed feeling like I was helping other people, and the underserved part of the community, that really needed it,” says Forrest, who earned his J.D. from Samford University’s Cumberland School of Law in 2007 and moved to Chattanooga in 2012.

“And now, when I see the people’s reactions after I work on a case so hard, and they’ve been waiting for so long, and it means so much to them. It would be easy to see how somebody could really enjoy doing that kind of work when you see that reaction.”

That’s not to say every day isn’t without frustration, but that is the exact reason someone would want to hire Jackson who can take on the burden of the insurance side of things as well as helping them access their full benefits.

“When someone’s approved for disability, they automatically get health insurance,” he says. “So if you qualify for Social Security insurance, state Medicaid is immediate. But there’s a two-year wait for Medicare, from when you are approved.

“So a lot of people have to wait and figure out how to pay for it in the meantime. And it leaves them in a very bad position. We are trying to get a law passed right now through Congress to change that.”

Many people don’t even think about hiring a lawyer to apply for Social Security, or consider it only after they have been denied on their own. People often get approved without a lawyer.

But Jackson says Social Security’s own statistics show that at every level of the process – from the initial application all the way through every level of appeal – you’re more likely to win if you have an attorney.

And even the most obvious cases for approval are not necessarily a shoo-in, as Jackson recently saw with a person dealing with an amputation who was denied. By working with the person’s doctor he was able to get in writing the criteria needed to approve him – after another quality review process.

“Social Security laws are constantly evolving and changing,” Jackson explains. “They’re always coming up with a revised listings, like musculoskeletal listings that involve joint reconstruction or spinal issues, which is really one of the most common things that we see in this practice. And the revisions weren’t to make it easier to get approved.”

So, whether you decide to use a lawyer or not, Jackson has a few tips for people facing the approval process. First, don’t lie or mislead in any way on your application. “If you intentionally mislead them in any way or lie about something, that’s the easiest way to ruin your case,” he says.

Second, always go to a doctor or clinic when sick.

“The most important thing people can do for their disability case is go to a doctor,” he points out. “If they’re dealing with depression, go to the doctor, tell them what’s going on and report it so that you have documentation. If you don’t have documentation in Social Security’s eyes, it doesn’t exist. They’re not going to take your word for it. They want to see medical records.”

Jackson says older males are the hardest group of people to follow this advice, instead preferring to avoid the doctor until they finally quit their jobs because their back has been killing them for 10 years, but they have no proof they ever really sought treatment.

So, he highly recommends seeking affordable care while waiting for approval. “We’re very fortunate with the options we have in Hamilton County for mental health and for medical treatment for people who don’t have insurance, or that have low income or no income,” Jackson says.

And if people have problems finding those resources, Jackson’s office has them on file, and they do not charge for anyone to access.

“I talk to people for free every day, all the time and will send them a list of medical clinics in the area they can go, places to help with their bills,” Jackson says. “Even if it has nothing to do with disability, just to try to help them make ends meet.”

When he is not in the office, Jackson is on the board of directors at Room at the Inn, which helps women and children facing homelessness, as well as on the executive council of Legal Aid of East Tennessee.

Jackson started his practice when his oldest, now 7, was born, and he and his wife now have a 3-year-old as well. And while it is growing – he had more new clients last year than ever before – Jackson doesn’t want to grow past the point of being able to give each client personal attention.

“And at a certain point you can’t do that anymore. But my dad started his medical practice when I was 5, and I hardly saw him for years. I know he has some regrets about that. And when I recently hired someone full-time, he said to me that I will never regret spending that money to have more time with my kids.

“And I’ve really tried to take that to heart.”