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September 6, 2017

Updating Your Social Security Disability Claim with Your Attorney

With the huge backlog of pending Social Security disability claims, you may think your case has been lost in a sea of paperwork.  My staff strives to let our clients know that just because they haven’t heard from us on recent progress with the Social Security Administration (SSA), we have not forgotten about them.  My staff spends much of the day updating cases and explaining the lengthy wait times to clients waiting to finally get their day in court.  It can be frustrating for clients, and contrary to what some may say, there is no preferential treatment given to a claimant because they hire a certain attorney. So what can you do during this long wait time?  Continue to see your doctors for necessary treatment as long as you can afford to.  Let your attorney know of any update to your medical condition, and if you do not have an attorney then let the SSA know about treatment. It is especially important to provide updates on any new treatment providers you have seen, as this will be particularly useful when it comes time to obtain medical records. Many things can happen while waiting for a hearing—your physical or mental condition may get better, get worse, or stay the same. Another important aspect of keeping your case updated is to let your attorney know if your contact information has changed.  During times of financial hardship, telephone numbers and addresses can change repeatedly.  When it comes time for your day in court, it is imperative that the SSA and/or your lawyer can contact you. We encourage our clients to contact us whenever they have a status update.  The appeals process goes through various stages.  Given the time limits for filing critical paperwork, keeping in contact with your attorney is essential.

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August 31, 2017

Do I Need To Appear At My Social Security Disability Appeals Hearing?

From time to time I am asked “do I need to be at my hearing?”  Always, I let my clients know that they should make every effort to appear in person.  In my practice as an Indiana Social Security Attorney, it is almost always in your best interest to attend your hearing.  My thoughts are, if you have waited this long for the big day to finally arrive and have your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim be resolved, why wouldn’t you show up?  Unless, of course, you were physically or mentally unable to be there. There are circumstances when an Administrative Law Judge (ALJ) will use his/her discretion to allow the claimant to appear by telephone.  Events such as hospitalization, car trouble, or incarceration may warrant such an appearance.  If you can let your attorney know well in advance, you may have a better chance of having a telephonic appearance granted by the Judge. In my experience, if you are physically and mentally able to attend your hearing in person, it may help your case.  One reason I do not prefer video hearings is that the ALJ may not be able to observe all of your problems the way they do in person.  A telephone hearing makes matters even worse.  I want the Judge to be able to see your physical or mental conditions in person.  Your inability to walk steadily, inability to sit uninterrupted during the hearing, and facial expressions could support the underlying medical records.  If the Social Security Administration (SSA) was going to make a determination on your medical records alone, that probably would have already happened.  A hearing is your chance to present your case in person and you do not want to pass on that opportunity, if at all … Continued

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June 12, 2017

Is Your Back Pain Preventing You From Working?

I have represented thousands of my Indiana neighbors in their Social Security disability claims, and I can easily say back pain is the most common disabling condition I see.  This pain can be so severe an individual cannot stand, walk, or even sit for any extended period of time.  These types of postural limitations can create an inability to hold down any type of job.  Many of my clients need to change positions constantly, lie down, and take very strong medication just to make the pain bearable. When reviewing your case, there are specific things the Social Security Administration (SSA) will examine.  For example, do you have objective testing showing the severity of your condition?  Just complaining about back pain is usually not going to get you benefits.  Objective testing like X-rays and MRI’s indicating the severity of your condition can be key in a finding of disability. Are you complying with or seeking appropriate treatment?  In my experience, the SSA and most judges want to see that you are trying to make your back better.  This is often done through medication, physical therapy, electrical stimulation, injections, and surgeries.   Exhausting some, or all, of these avenues and still experiencing severe pain can show the SSA you are complying with treatment and that the pain still persists. The SSA has various rules it uses when evaluating back problems.  It can find you disabled by using its Listing of Impairments or by deciding whether or not you have such severe functional limitations you are unable to work an eight-hour day, five days a week.  It is also important to remember the SSA will examine all of your impairments in combination when deciding if you are disabled.  Many of my clients have more than one severe impairment that is creating their inability to … Continued

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September 28, 2015

Do I Need an Attorney at My Social Security Disability Hearing?

At a recent Social Security disability hearing in Indianapolis, I brought one of my employees along to observe.  When I asked my employee for his impressions after the hearing, he said, “I can see why it’s so important to have an attorney with you at your hearing!”  Since I represent claimants at hundreds of these hearings every year, I have forgotten what it’s like to walk into the hearing room having no idea what is going to happen.  I hadn’t realized all of the little things (and some big things) an attorney can do to maximize the effectiveness of your Social Security disability hearing.  Here are a few reasons why I believe it may be in your best interest to hire an attorney or representative to assist you in your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim. Your attorney can ask you questions the Administrative Law Judge (ALJ) did not ask.  Without the aid of a lawyer you may be limited to answering only the questions the ALJ asks.  For instance, if you are alone at your hearing and the judge is concentrating on your bad knee when your real problem is your back, the judge may not let you discuss your back as much as you would like.  You may take for granted the judge knows about your back problems when he/she does not.  An attorney who has discussed your case with you and who knows your medical records may be able to give you the chance to testify about issues the judge may have missed when reviewing your file.  The ALJs and their staff do their best to be prepared for your hearing, but sometimes your medical file does not paint a full picture of all of your impairments.  This is especially true if … 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

Filed under: Appeals Process, Claims Process, Evaluation Process, Hearings Process, Social Security Disability Attorney || Tagged under:
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June 29, 2015

Social Security Disability Benefits for Back Pain

A large number of my clients suffer from back pain, and there are many possible causes: degenerative disease, injury, or years of overexertion.  The Social Security Administration (SSA) recognizes that severe back pain can be disabling, but you must have adequate documentation to prove you have a severe medical impairment.  In other words, you must be able to provide medical evidence to show that your pain is the result of a medical diagnosis and that it has more than a minimal effect on your ability to work.  Then you must show that your condition either meets or equals Social Security’s Listing of Impairments §1.04 for disorders of the spine, or that it keeps you from working at your past occupation or any other occupation.  Your age, education level, and work experience can also figure into a finding of disability. What does the SSA mean when they say you must “meet or equal a listing” to be found disabled?  When it comes to your back, the SSA will look at the criteria in §1.00: Musculoskeletal System.  In particular, Listing 1.04: Disorders of the Spine usually comes into play.  To meet Listing 1.04, you must have medical imaging showing that you have nerve root compression, arachnoiditis, or lumbar stenosis in your spine.  You must also have clinical evidence (treatment notes, for example) indicating specific corresponding physical symptoms. If you do not meet or equal a listing, you may be found disabled due to your limited residual function capacity (RFC).  If the SSA finds that your ability to stand, walk, sit, and lift is so decreased by your back pain that you are unable to work, you might be found disabled.  In this scenario, the SSA may also take into consideration your age, education, and prior work experience to determine if you are … Continued

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June 19, 2015

Social Security Disability Claimants Are People Too

I talk to hundreds of people each year about Social Security disability.  My clients have a vast array of diagnoses, and all of them are suffering in some way.  Many of them have the added pain of feeling guilty that they have to apply for disability benefits. If you keep up with the news and the opinion pages, you probably know that Social Security disability benefit recipients are being vilified across the media.  Pundits claim that disability beneficiaries don’t want to work; journalists are quick to investigate and expose people who are “scamming the system.” My experience with disability claimants, though, is very different.  One of the most-repeated phrases I hear when I talk to my clients is, “If I was able to work, I’d be working.”  They have tried, but their physical or mental limitations have kept them from finding work.  If they do find work, they often are not able to keep up their attendance or their work pace and end up getting fired.  Many of my clients have work records dating back decades – they have worked all their lives, but now they cannot keep it up.  They have contributed to “the system” by having Social Security taxes taken out of their paychecks every week for years, but now they feel guilty for trying to use the disability insurance for which they paid.  Some of them have bodies that have just worn down after long years of heavy labor; others are suffering the long-term effects of an accident or sudden illness. Another misconception weaving its way through the media circuit is that it is easy to “get disability.”  From reading some articles, you’d think that a person can wake up one morning with some aches and pains, head down to the Social Security office to sign up, … Continued

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May 21, 2015

Why Are Medical Records So Important to My Social Security Disability Claim?

Whenever I talk about the keys to a Social Security disability claim, I emphasize the importance of medical records.  Medical records are important because the Social Security Administration (SSA) cannot find you disabled under its rules without finding that you have a “medically determinable impairment.”  In other words, you must be able to provide acceptable medical evidence, such as objective test results or treatment notes showing diagnoses from acceptable medical sources, that proves that you have a medical condition that prevents you from being able to work. Why are Medical Records Important? While the SSA will most likely send you for an independent consultative examination to determine your diagnoses and symptoms, it is important to have medical records showing that you have been diagnosed and treated on your own.  I have often seen decisions in which an Administrative Law Judge (ALJ) has concluded that a claimant’s impairment must not be as severe as he or she is alleging because the claimant did not receive significant medical treatment for it. Medical records are helpful in proving that you are disabled because they contain the diagnoses and clinical findings of medical providers who have treated you on a regular basis.  If those diagnoses and findings come from a doctor who specializes in treating your condition, Social Security will likely give them significant weight in determining whether your condition prevents you from working. What Kinds of Medical Records are Important? The most valuable records I can submit on behalf of my clients are objective test results.  X-rays, MRIs, nerve conduction studies, pulmonary function tests, and other tests give hard data showing the severity of certain conditions.  In fact, with appropriate test results it may be possible to show that you are disabled without even having to talk about whether you can perform work-like … Continued

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April 28, 2015

Symptoms of Depression That May Make you Eligible for Social Security Disability Payments

Many of the clients I serve in my Indianapolis disability practice suffer from some type of depressive disorder.  Sometimes their symptoms of depression are caused by or exacerbated by physical impairments, but often depression is a disabling condition all by itself. Depression raises some unique obstacles in pursuing a Social Security disability claim.  Deadlines must be met, appointments must be kept, and paperwork must be completed in a timely and thorough manner.  If you have depression, though, you may lack the energy to keep track of your paperwork or even open your mail.  You might be so socially and emotionally isolated that you do not attend appointments or return telephone calls.  You may have difficulty maintaining attention long enough to complete questionnaires about your symptoms and work history.  If you aren’t able to fulfill these obligations, it is likely your claim will be dismissed.  It can be really helpful if you allow a family member or friend to help you make sure everything gets finished completely and on time. The Social Security Administration (SSA) addresses the disability nature of depression and other affective disorders in its Listing of Impairments at Listing 12.04.  To meet the requirements of this listing, you first much be able to show that you have medically documented symptoms such as: “Anhedonia,” or a persistent, all-encompassing loss of interest in your daily activities, even things you used to like to do Disturbance in your appetite causing weight gain or loss Sleep disturbance Psychomotor agitation (unintentional, purposeless movement) or retardation (listlessness, inability to physically carry out everyday activities) Lack of energy Guilt or feelings of worthlessness Problems concentrating or thinking Suicidal thoughts Hallucinations, delusions, or paranoia It is not enough for you to explain to Social Security what your symptoms are and how they affect you.  You must … Continued

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