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January 29, 2018

A Few Quick Thoughts About Social Security Disability

I represent hundreds of clients every year in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims and there are things that I take for granted people know.  However, since they don’t do this every day, they simply do not.  In this blog I’ll share some things that I believe should be mentioned. Apply right away. What are you waiting for?  File an application the first day you are unable to work full time.  Sure, there may be technical and medical reasons why you do not qualify, but the application is free.  If you do not have an attorney to explain these medical and technical reasons to you, let the Social Security Administration (SSA) explain them.  I have seen clients wait too long to file an application and find themselves having a harder time because their disability insurance had expired.  Also, it is important to note that SSI payments can only be paid retroactively from your date of application. File your appeals timely! Most appeals only allow for 60 days plus a short grace period for mailing time.  You do not want to have to start over from the beginning, so get the Request for Reconsideration or Request for Hearing completed quickly. If you can afford it, see your doctors. Most Social Security disability cases are won through medical records.  Objective tests, progress notes, and physician statements can be crucial in proving you qualify for the benefits you need to support you and your family. When you go to your hearing, strive to ensure your medical record is up to date. If you do not have an attorney, do not count on the SSA to get your medical records.  Why would you?  Up to this point, they have continually denied your claim.  There is no one that has … Continued

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December 29, 2017

How Long Do I Have to Be Disabled to Get Social Security Disability Payments?

Because the Social Security Administration (SSA) does not have a “short term” disability provision, you must meet certain durational requirements to qualify for disability payments.  The SSA requires that your severe impairment has lasted or is expected to last at least twelve months.  While this may seem pretty straight forward, it is a common reason for denying claims for Social Security Disability Insurance (SSDI) and/or supplemental Security Income (SSI) benefits. It can be very difficult to determine if you are going to recover from your physical or mental impairments.  If the SSA denies your claim because they think you will get better within twelve months, they are making an educated guess based on the type, severity, and medical treatment you are receiving.  Many of my clients that have been denied for this reason on the initial application find themselves with a favorable decision from an Administrative Law Judge (ALJ) later down the road. So, do you have to wait twelve months before you apply for disability benefits?  I believe you should apply for benefits the day you are unable to work.  For disability cases, the alleged onset date and application date are important for determining how much backpay you may be entitled to receive.  There are restrictions on how far back the SSA can go from your application date for benefits, so I encourage my clients to file their claim as soon as they stop earning Substantial Gainful Activity (GAS) amounts.  For SSI applicants, the SSA can only pay benefits from the date of application, so it is very important to file the application as soon as possible to ensure full benefit amounts for backpay purposes. I don’t believe I’ve had a claimant that did not want to get better.  Just because the SSA says they believe your condition will … Continued

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December 4, 2017

Testifying at Your Social Security Disability Hearing About Your Pain

Pain is probably the most common complaint my clients have concerning their inability to work.  Physical pain can manifest itself in about any area of your body, and describing it to someone else is not always easy. Chances are when you find yourself at a Social Security disability hearing, you are going to need to explain your pain to an Administrative Law Judge (ALJ).  This blog describes some of the more common questions I find that Judges ask about pain. Where is the pain located?  During this portion of testimony, I find many of my clients want to point to where they are affected by pain with hand gestures.  It is important to remember your hearing is being recorded, and you will need to describe in more detail with words exactly where you feel pain.  For example, if you have back pain, you would need to say “it is in my lower back and radiates down my right leg” if that is the case. What does the pain feel like?  Descriptive terms like dull, throbbing, stabbing, sharp, burning can usually give a Judge a good idea of what you are experiencing.  These are not the only words that can describe your pain, but it is important for you to be able to describe what you feel as you are the only one that knows exactly what you feel. How often do you have the pain?  It is fine to say you experience pain all the time if that is the case, but if it is only when you perform certain activities, you should explain it in more detail to the Judge.  This is where you may want to describe difficulties standing, walking, sitting, lifting, and performing daily activities. Can you rate your pain on a scale of 1 to 10 … Continued

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November 28, 2017

Why is There a Job Expert at my Social Security Disability Hearing?

When attending a Social Security disability hearing, you most likely will see or hear testimony from a Vocational Expert (VE), also known as a Job Expert.  The Social Security Administration (SSA) employs Vocational Experts to testify about the classification of work you have performed in the past and to answer hypothetical questions from an Administrative Law Judge (ALJ) as to what occupations can be performed with various physical or mental restrictions.  A VE can testify by telephone or in person. Their background usually consists of placing individuals in the job market through various means, such as vocational rehabilitation.  Usually at the end of your Social Security Disability Insurance and/or Supplemental Security Income (SSI) hearing, the ALJ will pose hypotheticals or examples to the VE.  The ALJ will usually ask the VE what jobs are available to an individual based on their age, education, and past work experience with certain workplace restrictions the ALJ thinks may be applicable to each individual claimant.  Many ALJs will ask numerous hypotheticals.  This gives the ALJ the opportunity to later decide which hypothetical he or she will use for each individual claimant’s decision.  Your attorney/representative will have the opportunity to cross-examine the VE after the ALJ is done. The Vocational Expert will advise the ALJ as to the description and number of jobs in the local and/or national economies. I have found many of my clients have difficulty understanding the role of the VE.  It is important to note that when an ALJ asks examples where there are jobs in the economy that can be performed, it does not always mean you have lost your case.  I tell my clients that they should continue to listen because many ALJs work their way through various hypotheticals until no jobs are available for the claimant.  This is … Continued

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November 17, 2017

Can I Receive Social Security Disability for an Anxiety Disorder?

I represent many people with mental disorders, and anxiety is no exception.  This diagnosis can stand alone, or at times, it may be accompanied by other mental and physical disorders.  I have found that some of my clients’ symptoms from anxiety can be so severe that they are unable to interact with friends, family, or even leave their house to do routine activities.  With severe symptoms, the thought of dealing with the public, co-­­workers, and supervisors can be difficult, if not impossible.  In my experience, to win a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim, essential information from a treating qualified mental health professional is generally needed. Anxiety can also cause problems with maintaining focus.  My clients often report issues with racing thoughts, trouble focusing, increased phobias, problems with change in routine, or difficulty sleeping at night.  Additionally, panic attacks can be a major issue for clients who suffer from anxiety.  These attacks can have varying degrees of frequency, duration, or severity; they can even lead to a need for emergency medical treatment.  Any of these symptoms can cause issues in the workplace that would prevent an individual from staying on task and completing a work day. By showing the Social Security Administration that you experience these symptoms through medical records or testimony, it can strengthen your claim for disability benefits. The Social Security Administration recognizes Anxiety Disorder in its Listing of Impairments under Listing 12.06.  At times, it can be difficult to meet or equal one of these listings, so it is important to receive treatment and have records from hospitalizations, treatment and progress notes, and any medical source statements your mental health professional can provide. Compliance with treatment can be a huge factor in receiving disability payments.  If you are not taking medications as … Continued

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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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October 26, 2017

Social Security Disability and Diabetes

In my Indianapolis, Indiana Social Security disability practice, I handle numerous cases involving Diabetes.  Since there can be so many varying degrees of severity with Diabetes, I try to find out how it affects each individual client regarding their ability to work.  The Social Security Administration (SSA) recognizes Diabetes as a disabling condition either by itself or combined with other severe impairments. Diabetes can occur when the body does not produce enough glucose due to a lack of insulin.  Medical treatment and dietary control can sometimes help to control Diabetes, but other times it does not.  Uncontrolled Diabetes can create a variety of symptoms and these can include but are not limited to: Neuropathy (Nerve damage in the feet and/or hands. This is by far the most common symptom I see in my practice.) Retinopathy (Vision impairment) Fatigue Nephropathy (Kidney disease) Extreme hunger and/or thirst Frequent urination Just having the above symptoms is not enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  They must be severe enough to meet or equal one of the SSA’s Listing of Impairments or prevent you from working a full-time job.  Most of my clients with Diabetes say that the neuropathy they experience makes them unable to work.  They complain of numbness and/or tingling in their hands and/or feet that prevents them from standing and walking or using their hands for fine and gross manipulation. As with all disability claims, medical documentation can be essential to a favorable outcome.  Compliance with medical treatment can show that even though you are taking prescribed medication (including insulin), your severe impairment still exists.  Objective testing such as nerve conduction studies for neuropathy and vision tests for retinopathy can go a long way in convincing an Administrative Law Judge (ALJ) that you are … Continued

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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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September 16, 2011

Indianapolis Disability Lawyers Can Help In Appealing Your Social Security Disability Claim

At times, the Social Security disability claims process can be frustrating and confusing.  Indiana disability attorney Scott Lewis talks to many clients about their concerns regarding the disability process.  Going through the difficult time of dealing with a disabling condition combined with the paperwork involved in a Social Security disability claim, may possibly create a very stressful situation.  Mr. Lewis strives to alleviate some of his clients worries by assisting them in the claims process. The Social Security disability claims process has very distinct stages in obtaining an outcome for your claim.  These can include:   Filing the initial claim application   Filing a “Request for Reconsideration”   Requesting a hearing in front of an Administrative Law Judge   Appealing the Judge’s decision to The Appeals Council Obviously the first step in any claim is getting started.  Filing an initial claim can be done by visiting the Social Security Administration’s website at www.ssa.gov or by calling their toll free number at (800) 772-1213, or by visiting a local SSA office.  Mr. Lewis often spends time with prospective clients during this initial stage addressing their concerns. If your initial application is denied, the next stage in appealing your claim is to ask for a “Request for Reconsideration”.  This is basically telling the Social Security Administration they have made a mistake in denying your claim and they need to take another look at it.  Unfortunately, the majority of these requests are denied again, but it is important not to give up at this point if you feel you have a valid claim.  Proceeding on in the next steps in appeals process may be in your best interest. The next step, in what can turn out to be a lengthy process, is to request a hearing in front of an Administrative Law Judge (ALJ).  Statistically, studies … Continued

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July 26, 2011

Why Did I Get Denied My Social Security Disability Benefits When the Guy Down the Street Got Them Right Away?

If you only knew how many times Indianapolis Social Security disability lawyers like Scott Lewis have heard this very question. There are many different aspects to a Social Security disability claim and no one case is exactly like another one. While there may not be a clear cut answer to why some Indiana residents find a Social Security disability check in their hands before another person, in Indiana disability attorney Scott Lewis’ experience, there may be a few reasons this can happen and it can include, but is not limited to: Good medical records.  Comprehensive medical records outlining and detailing a disabling medical condition may be the key to a quick favorable outcome in a Social Security disability claim. Prior work experience, age, and education.  In the Social Security Administration’s approval process they determine your ability to work with your disabling condition while looking at age, education, and prior work experience. All disabilities are different and can create different barriers to employment.  While some disabilities may be visually evident, other disabilities like mental disorders may not be visible to the naked eye. The guy down the street may be luckier than you.  That’s right, he may have been evaluated by someone in the Social Security Administration that was more lenient on granting disability claims.  Believe it or not, actual people look at your claim and make a determination. The above are the thoughts and experiences of Scott D. Lewis, and other Social Security disability attorneys or representatives may have different experiences with the Social Security Administration (SSA).  If you have been denied your Indiana Social Security disability benefits and believe it was an unfair decision, contact attorney Scott Lewis for a free case evaluation.

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