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November 6, 2017

Indiana Social Security Disability Appeals

Have you filed a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim and been denied?  Being timely when filing your appeal can be very important in getting your disability claim resolved.  During free initial client consultations, I see that many claimants have simply filed initial application after initial application without ever filing an appeal.  The Social Security Administration has steps you must initiate in order to follow through with your claim if you have been denied.  In my experience, starting over each time with an initial application is usually not in your best interest.   If you are denied on an Initial Application, you have sixty days to file what is called a “Request for Reconsideration”.  This is basically telling the SSA you believe they have made a mistake and are asking them another look at your claim.   They will assign a reviewer to your claim and usually make a decision within 60-90 days.  If you are again denied, you must request a hearing before an Administrative Law Judge (ALJ).  Again, time is of the essence and you only have sixty days to file the correct paperwork.  There are exceptions that the SSA will look at on a case-by-case basis if you turn in your paperwork late.  In my experience, relying on the SSA to accept an untimely filing is probably not your best bet.  One of the reasons many people hire an attorney is to have a trained professional in this area to help ensure deadlines are met.   The Social Security Administration has various rules and regulations that are used to process disability claims.  Considering the numerous claims they receive, providing them with all of the information they need in a timely and complete fashion can only enhance your chances of winning your disability claim.  … Continued

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December 5, 2016

Should I Be Nervous About My Social Security Disability Hearing?

Clients often tell me they are very nervous and anxious about their upcoming Social security Disability Insurance/Supplemental Security Income hearing. It is pretty easy to understand why.  Some people have never been to a hearing and others are so worried about the outcome they cannot even sleep the night before the hearing date.  Hopefully, this blog will shed a little light on what the atmosphere is at a Social Security disability hearing.   These hearings are considered informal. What that means is there are usually not any strict trial rules and the atmosphere is not that of a criminal or civil trial.  Many Administrative Law Judges (ALJ’s) will let you know that at the very beginning of the hearing.  Although I say it is informal, interrupting others may not be in your best interest and waiting your turn to answer questions may be advisable.  Most hearings have a predictable pattern and if you have an attorney or representative they can usually tell you what that pattern is.  I try to prepare my clients for each individual ALJ that will hear their case.  Different Judges think different things are important.  I believe it is helpful to make things easy for your Judge by being prepared and sticking to what they are interested in.  It would be a rare occasion that making a Judge angry would benefit you in any way.  Don’t get me wrong, all of your information needs to be presented, but as I said it should be done in a manner the court will respect and listen to.  In my experience, most hearings last around forty-five minutes to one hour.  Of course this can vary depending on the complexity of the case and each individual Judge.   Being nervous is normal and should be expected when the stakes are … Continued

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May 20, 2016

Anatomy of a Social Security Hearing Decision Part I: How do I know if I won?

If you have a Social Security disability hearing in front of an Administrative Law Judge (ALJ), you probably will leave the hearing without knowing whether you won or not.  Most claimants have to wait between thirty and ninety days to receive the ALJ’s decision in the mail.  (Sometimes it can take even longer if the judge needs to get additional information.) When you receive your decision and look it over, you still might have trouble telling whether you won or not!  The decisions have a lot of information in them, and it can be hard at first glance to figure out what’s important.  The first page of your decision will look something like this:     The first clue you have about the outcome of your case is the title at the top.  There are four possibilities: Notice of Decision – Fully Favorable:  Congratulations!  You won!  A “fully favorable” decision means that the ALJ found that you became disabled as of your alleged onset date and continue to be disabled.  An ALJ also issues a favorable decision when the claimant agrees at the hearing to change his or her alleged onset date or to accept a closed period of disability. Notice of Decision – Partially Favorable:  This decision is typically mostly good news, but not always.  In short, a partially favorable decision is one in which the judge found that you are (or were) disabled for some of the time since your alleged onset date, but not for all of that time.  If you received a “partially favorable” decision, it could mean one of two things: The judge gave you a closed period of disability.  In other words, the ALJ found that you became disabled as of your alleged onset date (or at a point later in time) but also … Continued

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November 3, 2015

Social Security Disability Payments for Neurological Impairments

There are many medical conditions that can so severely affect an individual’s mental and physical functioning as to qualify that person for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments. In my Indianapolis Social Security disability practice I represent many Indiana residents suffering from neurological impairments. Many of those clients suffer from a combination of mental and physical symptoms that prevent them from performing what the Social Security Administration (SSA) calls Substantial Gainful Activity (SGA); in other words, they cannot work a full-time job. In cases involving adults with neurological impairments, the SSA will first consult the listings in Section 11 of its Listing of Impairments. The Listing of Impairments is a guideline published by the Social Security Administration outlining certain criteria that, if met, are considered to be proof that the claimant is disabled. The conditions addressed in the Listings are as follows: • Epilepsy (convulsive or non-convulsive) • Central nervous system vascular accident • Benign brain tumors (malignant brain tumors are evaluated under listings for cancer) • Parkinsonian syndrome • Cerebral palsy • Spinal cord or nerve root lesions • Multiple sclerosis • Amyotrophic lateral sclerosis • Anterior poliomyelitis • Myasthenia gravis • Muscular dystrophy • Subacute combined cord degeneration • Other degenerative diseases, such as Huntington’s chorea, Friedreich’s ataxia, or spino-cerebellar degeneration • Cerebral trauma • Syringomyelia Most of the criteria in the Listings for these impairments require evidence of the following: (a) A medical diagnosis and appropriate medical testing (b) Sensory, motor, and/or speech dysfunction (c) Compliance with prescribed treatment See the specific listings for the requirements for each particular impairment. In my experience, a person whose diagnosis and symptoms meet the criteria of the listings should be found disabled in the early stages of the disability process, as long as appropriate medical … Continued

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August 31, 2015

Being Truthful at Your Social Security Disability Hearing

You may have heard about the guy who leaves his Social Security disability hearing in a wheelchair, throws the wheelchair in the trunk of his car, and walks easily down the street.  Is this an urban legend, or do things like this really happen?  As an Indianapolis Social Security disability attorney I have never seen someone fake an impairment like that at a hearing.  I have had clients ask me, though, whether they should use or wear their assistive devices at their hearing.  My answer is always the same: if the hearing is a situation in which you would normally use your assistive device, by all means use it at the hearing.  Otherwise, leave it at home. Your credibility with the Administrative Law Judge (ALJ) at your hearing is very important.  In my experience, if the ALJ thinks you are untruthful about one thing, he may not believe anything else you say either.  Sometimes my clients are worried that the judge won’t be able to see how disabled they are if they don’t make a big deal out of their symptoms.  They go in to the hearing room acting as if it is the sickest day they have ever had.  Believe me, this type of behavior almost always give the ALJ the opposite impression – that the claimant is making things up.  For example, the judge may ask a claimant to rate her pain on a pain scale, where 0 is no pain at all, and 10 is pain so bad that she has to go to the hospital.  I have heard clients tell the judge that the pain they are experiencing during the hearing is a 10.  Obviously, they are not in the hospital; they are sitting in front of the ALJ at the hearing.  In my experience, it … Continued

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July 17, 2015

If My Initial Application For Social Security Disability Benefits is Denied, Should I Reapply?

Should you appeal your initial application denial or reapply if you are denied disability benefits?  If the Social Security Administration (SSA) states your disability is not severe enough to receive benefits, appealing the decision is usually the right move.  Many individuals believe that by simply reapplying the SSA may approve their new application, but statistically this is not accurate.  In my experience, it is in your best interest to appeal the initial denial. After your initial application is denied you have sixty (60) days to file a Request for Reconsideration.  Many individuals refer to this as an appeal.  The Request for Reconsideration is basically saying to the SSA that they made a mistake and need to take another look at your claim.  When you file your reconsideration, the SSA should also gather any new evidence for your claim as well.  If you submit the appeal on your own, you should include the updated information when prompted.  If an attorney or representative completes your appeal for you, they should be in touch with you for updated information. Unfortunately, the majority of these requests are also denied.  Once again you will have sixty (60) days to file an appeal and request a hearing in front of an Administrative Law Judge (ALJ).  Some statistics have shown you odds of winning your claim will increase at this stage. The majority of successful disability claims ultimately end up in front of an ALJ.  An administrative Law Judge is not bound by prior decisions by the SSA and is supposed to take a fresh look at your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim. In my experience as a Social Security Disability attorney it is very important to appeal your denied claim within the time limits set forth by the SSA.  It is also … Continued

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July 2, 2015

Will Hiring An Attorney Speed Up My Case?

Many Social Security disability claimants are under the impression that hiring an attorney will speed up the processing of their case with the Social Security Administration (SSA).  While hiring an attorney does not directly translate into a claim being processed more quickly by the SSA, there are many benefits of having an attorney on your case. Benefits at the Initial Application Stage Getting an attorney representative to help you with your initial application for benefits may help your chances of being found disabled.  As most disability claimants and attorneys know, the majority of people are denied on their initial application.  However, some benefits of our office helping a claimant complete an initial application may include: Helping you obtain a medical source statement from your doctor by providing questionnaires designed to get your doctor’s opinions on specific issues Social Security addresses: Social Security is supposed to give great weight to the opinions of your treating medical providers. Updating Social Security about changes in your condition and treatment: the more complete the medical records Social Security has, the more likely it will have enough evidence to make a favorable decision. Ensuring your application is complete: the application can be overwhelming to someone who has never done it before, but we are able to walk you through and ensure you provide complete and accurate information. Submitting medical records in support of your claim: while Social Security typically requests all of your medical records at the initial application stage, we are able to help follow up with providers Social Security cannot reach. Keeping track of your claim to make sure it is processed in a timely manner: we regularly follow up on each claim to make sure Social Security has everything it needs and to make sure the case is moving forward. While Social … Continued

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March 19, 2015

Objective Testing and Your Social Security Disability Claim

Proving you are disabled to the Social Security Administration (SSA) is not always easy.  Before the SSA will even consider how your symptoms affect your ability to work, you must show that you have a “medically determinable impairment.”  Telling Social Security that you have pain or fatigue or memory loss is not enough, by itself, to establish a medically determinable impairment.  You must also be able to provide objective evidence that explains why you have those symptoms. The most direct evidence you can provide is objective test results.  These tests might include: Magnetic Resonance Imaging (MRI) and X-rays: these tests show the location and severity of physical damage to your musculoskeletal system that might cause symptoms such as pain. Electromyography (EMG) and nerve conduction studies: this type of test shows whether you have nerve damage that might cause symptoms such as pain, numbness, or weakness. Electroencephalography (EEG): this test helps to show abnormal activity in your brain that might cause symptoms from seizures or sleep disorders. CT Scans: these tests show damage to your organs that might cause symptoms such as pain, shortness of breath, or fatigue. Blood tests: these tests can show the presence or absence of different substances in your blood, which in turn can help prove that you have certain anti-immune disorders or other diseases. Stress tests: these tests measure the effects of exertion on your heart and can help quantify the severity of your cardiovascular symptoms. Echocardiograms: the results of these tests can show abnormalities in your heart that might cause symptoms such as chest pain, shortness of breath, weakness, or fatigue. Not all medical conditions can be proven using objective testing, though. Mental health disorders, migraines, fibromyalgia, and pain disorders are notoriously difficult to prove because there are no reliable tests available to confirm them … Continued

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March 6, 2015

Common Questions Concerning Children’s SSI Claims

In my Social Security disability practice, I meet many parents of children with special needs.  They have heard that Social Security has a program for children with disabilities, but they do not know how to find out more about it.  Here are some answers to some of the most common questions I hear from parents of disabled children. How do I know if my child meets the requirements for SSI? Qualifying for SSI is a two-step process.  SSI, or Supplemental Security Income, is a needs-based program; therefore, your household must fall below a certain amount of income and resources to qualify at the first step.  Unfortunately, there is no hard-and-fast number that I can say, “If you make XX amount of money, you are over the limit” because Social Security’s formula is more complex than that – it depends on the size of your household, your expenses, and the like.  Similarly, there is a limit (currently $2,000 for a single person; $3,000 for a couple) on household resources (the value of the things you own), but there are exemptions for some things like your home and sometimes your vehicle.  Really, the only way you can definitely determine whether you meet the income and resources limits is to talk directly to Social Security. Once you qualify financially, Social Security determines whether your child meets the medical requirements.  This determination is much less black-and-white than the resources test.  They look at your child’s medical records and determine how her impairments limit her ability to function in six different “domains”: Acquiring and Using Information, Attending and Completing Tasks, Interacting and Relating with Others, Moving About and Manipulating Objects, Caring for Yourself, and Health and Physical Well-Being. Is it best to work with a lawyer in the process? In theory, Social Security’s process is … Continued

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December 24, 2014

Time Constraints on Appealing Your Indiana Social Security Disability Case

All too often, people call me for help in appealing their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims, only to find out they have waited too long.  If Social Security denies your claim for Social Security disability benefits, you have sixty days to appeal that decision.  (Actually, Social Security allows five extra days for mailing time, so you have a total of sixty-five days from the date of your denial letter.)  If you have not submitted the appropriate forms before the deadline, Social Security will very likely dismiss your claim.  If that happens, you will probably have to start all over with another initial application. There can be times when the Social Security Administration (SSA) will accept an appeal filed after the deadline, but they will only do so if there is “good cause” for the late filing.  If you forgot the deadline, lost the paperwork, or just didn’t get the forms filled out on time, Social Security probably will not find that you have good cause.  On the other hand, if you were hospitalized, had a death in your immediate family, or never received the denial letter because Social Security sent it to the wrong address, there is a good chance that the SSA will accept your late filing.  Social Security makes a decision about good cause on a case-by-case basis.  The best thing to do is to file the appeal as soon as possible after you receive the denial. How can you make sure you don’t miss Social Security’s filing deadlines?  Here are some tips: Keep your Social Security office informed about changes in your address and/or telephone number. Follow up with Social Security regarding your claim.  In my office, we follow up about once a month during the initial application and reconsideration stages … Continued

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