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March 14, 2019

Social Security Disability and Your Date Last Insured

I have found the concept of a Date Last Insured (DLI) can be difficult for my clients to understand.  In my practice as an Indiana Social Security Disability lawyer, I may need to explain this concept to my clients several times to for them to fully grasp what it means.  I understand the difficulty in accepting that your eligibility for disability insurance benefits has expired when you are struggling with a severe disability and find you cannot take care of yourself or your family.  In this blog, I will attempt to explain why your DLI is important and how it is established. Your Date last Insured, or DLI, is established by acquiring work credits.  You establish work credits by working and paying into the Federal Insurance Contributions Act, also known as FICA taxes, to the United States Government.  When you receive your paycheck stub, you can see the amount of FICA taxes being deducted.  By paying this tax, you are essentially paying premiums to receive Social Security Disability Insurance (SSDI) benefits should you become disabled.  Although many factors can come into play, your DLI generally expires around five years after you stop working.  Another general rule is that to establish a DLI, you must have worked full time for at least 5 out of the last 10 years.  If you have recently stopped working due to a disabling condition, your DLI is usually in the future. However, if you stopped working many years ago, your DLI may have already passed, which is sometimes referred to as a “remote DLI.”  So, why is your DLI so important?  Your eligibility to receive SSDI benefits is determined by your DLI.   You must prove to the Social Security Administration (SSA) and/or an Administrative Law Judge (ALJ) that you became disabled before your disability insurance … Continued

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March 4, 2019

If I Have Crohn’s Disease Can I Get Social Security Disability Benefits?

In my experience, Crohn’s disease can be a very disabling condition and may qualify you for either Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  The symptoms from Crohn’s disease can be painful, uncomfortable, and can consume most of the person’s day just trying to complete simple tasks.  Very few employers will tolerate an employee that spends much of the day off task and consistently in the nearest restroom.  The Social Security Administration recognizes this, and many times these exact issues are addressed at an Administrative Law Judge hearing. My clients generally describe the similar symptoms, and these can include, but are not limited to: Diarrhea Abdominal Pain Fatigue Fever Vomiting Weight Loss In these cases, it is crucial to obtain objective testing to prove your symptoms are a result of your diagnosis.  In my experience, in cases of individuals with severe Crohn’s disease, many of these tests have been performed before I even talk to my client.  A comprehensive medical file can be key to you receiving your disability benefits.  The SSA usually wants to see that you have exhausted all avenues for treatment in an attempt to resolve your condition.  The Social Security Administration examines Crohn’s disease in its Listing of Impairments under Listing 5.00 Digestive System.  These listings define qualifying criteria for disabilities and the objective testing used to prove the severity of the condition.  Listings can be difficult to interpret without the aid of a trained physician or qualified attorney.  Many times, I will ask a treating physician to complete a questionnaire to show the client meets those criteria.  Another way to win your Social Security disability claim is to show the SSA and an Administrative Law Judge that your condition is so severe you cannot sustain full-time employment.  This can be done … Continued

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February 20, 2019

Will I Get the Chance to Talk to An Actual Attorney When I Call Your Office?

A common complaint I hear from perspective clients is that when they hire a lawyer, they seldom get the chance to speak directly to the lawyer.  The majority of my staff are attorneys who focus on Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  The attorneys in my practice make the decision to accept potential clients, not the administrative staff.  We believe this initial attorney/client contact is crucial in beginning our case.  The initial contact with an attorney can help you decide if the relationship is a good fit for you, in addition to helping you understand the disability process.  The lawyers in my office strive to explain not only the process, but what can be done to enhance your chances of winning your disability claim.  This initial contact can give you the opportunity to ask questions regarding the appeals process, the importance of your medical providers, and your chances of being successful in your disability claim.  With my office, the attorney client contact does not stop after the initial conversation.  Our attorneys answer questions from current clients on a daily basis. The wait to have your case heard in front of an Administrative Law Judge (ALJ) can be lengthy.  Many things can change during the long wait and chances are, you will have additional questions along the way.  They can range from status updates and updating your medical providers and diagnoses, to questions regarding your ability to go back to work and what ramifications that will have on your claim.  Our office is busy, and I believe you should want it that way.  We are working with medical providers to get your medical records, filing appeals, corresponding with the Social Security Administration (SSA), and preparing cases for upcoming court dates.  Our administrative staff works closely with … Continued

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January 18, 2019

Does Having a Cane, Walker, or Wheelchair Help Me in My Social Security Disability Case?

If you need a cane, walker, or wheelchair to ambulate effectively, it can have a significant impact on your claim for disability benefits.  Many jobs that require a person to stand or walk during the work day can be hard to perform when the employee needs an assistive device.  For example, if you are holding on to a cane with one hand, you may not be able to use that hand for work tasks.  It also matters why you need the device and how often you use it.  These devices may be used for standing, walking, balancing, or all the above.  You may need an assistive device any time you stand or only for prolonged activity.  There can be many factors to consider when determining how someone can work when they need an assistive device. A common question I find Administrative Law Judges consider at your disability hearing is whether your assistive device is “medically necessary”.  In other words, does your medical record support that you need a cane or walker as you claim.  In my experience, one of the best ways to address this question is to have a prescription from your treating physician for your cane, walker, or wheelchair.  Your physician can either write a prescription or make a statement in the form of a medical source statement that you can provide to your disability attorney or the Social Security Administration (SSA). Once the SSA believes you medically need your assistive device, the SSA will then decide how the use of your device impacts your ability to work.  At your hearing, a Vocational Expert (VE) will testify to the impact of an assistive device on certain types of jobs.  In my experience, this can be where a well-trained attorney may be able to reduce or eliminate the number … Continued

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November 30, 2018

What You Can Do to Help Win Your Social Security Disability Case

We believe that the following simple steps may help enhance your claim:   File your paperwork in a timely manner. The Social Security Administration (SSA) requires you to meet certain deadlines.  You have 60 days (plus 5 days for mailing) to file a Request for Reconsideration after being denied on your initial application.  Failure to file this paperwork in a timely fashion may force you to start the process from the beginning unless you can prove you had good cause for your late filing.  If your Request for Reconsideration is denied, you again have 60 days (plus 5 days for mailing) to file a Request for Hearing.  Again, if you do not meet this deadline within the 60 days allowed, you may find yourself filing an initial application and starting the process from the beginning. Throughout the process, the SSA may ask you to complete a number of forms and reports that all have their own deadlines. Failure to do so can result in a denial.   See the appropriate types of physicians for your conditions and comply with treatment, if possible. Seeing the right kind of specialist specific to your disability can go a long way to prove to the SSA you are disabled.  The Social Security Administration follows specific rules regarding how to consider medical records or opinions, and your General Practitioner’s opinion alone may not provide enough weight to convince the SSA. More consideration is given to statements from a specialist such as statements relating to the severity of your condition, specific objective testing, and medical source statements as to your functional ability to work.  Our office welcomes all medical provider records that support your case. The more records we can get to support your claim, the stronger your claim becomes. We know that your medical insurance … Continued

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October 8, 2018

Keeping in Touch with Your Social Security Disability Attorney

Currently, the Social Security Administration (SSA) has a long wait time for hearings before Administrative Law Judges (ALJ); keeping in touch with your lawyer can be very important to winning your claim.  As your hearing approaches, communication with your representative can be even more important to gather your updated medical records.  Keeping in contact with your lawyer may allow for any and all medical records to be obtained and ensures that an ALJ will be able to make a decision based on the most up to date information. Some common problems I have seen with my clients include their inability to have a working phone number or a consistent mailing address.  It is easy to understand that financial hardships due to the inability to work can make it extremely difficult to afford these things.  It can be very helpful to your Social Security Disability lawyer if you call, email, or notify him/her by standard mail, of any changes to your contact information.  Sometimes, a relative or friend can serve as a consistent point of contact for my office if you grant us permission to speak to them. So many things can change while waiting for a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing.  For example, your condition may have gotten worse, your medical providers may have changed, you may have undergone additional medical procedures, you may have had changes in medication, you may have undergone new objective testing, or you may even have improved and gone back at work.  All these things can potentially have an impact on your case.  Additionally, going to a Social Security disability hearing “cold”, without talking to your Social Security disability attorney, can result in some surprises.  I attempt to prepare my clients before each hearing with a preparation session to … Continued

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September 6, 2018

Neck Pain and Social Security Disability Benefits

When thinking of spinal pain, people typically think of the back or lumbar area.  However, the cervical spine can also create pain and limitations that prevent an individual from working.  The cervical region consists of seven vertebrae numbered C1 through C7.  Injuries or degeneration of this area can require therapy, injections, and even major surgeries to repair damaged areas or provide relieve from severe pain.  If your cervical spine is causing pain and keeping you from working, you should file a claim for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many of my clients are diagnosed with Cervical Spondylosis, Cervical Disc Degeneration, and Cervical Spinal Stenosis.  Appropriate objective testing such as MRI’s and x-rays can better show the degree of severity to this region.  My clients often complain of symptoms including, but not limited to: Severe pain Numbness and Tingling Difficulty Moving the Head in Different Directions Headaches Problems lifting and carrying amounts of weight It is important to have medical records to support this type of claim when you go to your Social Security disability hearing.  For example, physical therapy records can show how your injuries to the cervical spine affect your ability to perform a variety of movements or activities.  If you can show the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) that you have exhausted all treatment options and that you are still disabled from a cervical impairment, you may find yourself with a favorable outcome and get the disability payments you deserve to support yourself and your family. It is important to remember to let the SSA know about all your impairments.  While you may have a severe cervical issue, other impairments like diabetes, asthma, depression, or any other severe impairment can also be considered in combination to find … Continued

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July 6, 2018

What Are You Going to Say at Your Social Security Disability Hearing?

Your words matter at a Social Security Disability Insurance and/or Supplemental Security Income hearing.  The way you answer questions and the information you offer can impact the decision of an Administrative Law Judge (ALJ).  My staff and I try to prepare each one of my clients for their day in court.  Some of my clients listen to me carefully and some do not.  This blog contains some of my experiences representing clients in thousands of disability hearings and is not intended as legal advice. You have waited for what seems like forever to finally be heard in court.  Chances are you have a lot to say, and you cannot wait to give the ALJ an earful about your disabilities.  While this is common, you must remember the Social Security Administration (SSA) and the ALJ that hears your case has a very precise game plan for how they are going to analyze your case.  For a seasoned disability lawyer, the questions are usually very predictable.  If your attorney has experience with an ALJ, they can usually guide you through what is important and prepare you adequately. In my experience, there are four broad areas that you may be asked about, but all ALJs can differ: Background questions- these can be easy and include basic information such as your age, education, marital status, living arrangement, height, weight, dominant hand, financial situation, and other personal questions. Past employment- the SSA is required to go back 15 years and examine your old jobs to determine whether you can return to any past jobs with your current disabilities. Questions here can include job titles, duties, exertional requirements, and other job-related questions What are your disabling conditions? This is usually the longest set of questions and can include medical treatment you are receiving; procedures you have … Continued

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June 8, 2018

Autism and Social Security Disability Benefits

As an Indiana Social Security Disability Attorney, I have noticed an increase in the number of children and young adults diagnosed with Autism.  My office takes great pride in helping these individuals get the benefits they deserve.  Preparing these claims for the Social Security Administration (SSA) usually takes a focused approach to show an Administrative Law Judge (ALJ) the severity of this condition.  This blog will briefly outline some of the information I believe is important in proving a claim for an individual who experiences Autism. The good news is that the SSA does recognize Autism as a disabling condition.  In the SSA’s Listing of Impairments, Autism is covered under Listing 112.10 for children and 12.10 for adults.  Using these guidelines, a Social Security disability lawyer can craft arguments to help show the person qualifies for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many times, a Medical Source Statement may be obtained by a treating source showing that the applicant meets these criteria. Through years of representing those with Autism, I have noticed many common symptoms that are considered severe by the SSA.  These can include, but are not limited to: Social impairments Communication impairments Heightened sensitivity to noise, food, clothing, etc. Repetitive behaviors Other medical conditions linked to Autism This brief list is not intended to be all inclusive because Autism is on a spectrum, and the symptoms may vary in severity and existence from individual to individual. The ability to function may also vary greatly from person to person so, as an attorney representing children or young adults with Autism, it is very important to identify which symptoms are the most severe. When preparing clients for a disability hearing, I try to ask as many questions concerning their disability to find out what aspects … Continued

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April 19, 2018

Hip Pain and Social Security Disability

Hip degeneration or injuries can be very disabling. Over time, you may notice increased inflammation, swelling, or significant pain. If you are unable to work because of a hip impairment, you may be eligible for disability benefits from the Social Security Administration. If hip impairments or other conditions prevent you from working, you may want to consult an attorney right away to discuss whether you should apply for disability benefits. Do your injuries cause you to use a cane, walker, or wheelchair to get around? If your medical provider has given you a prescription for one of these assistive devices, you should keep a copy. That prescription can prove to Social Security that your assistive device is medically necessary. The need for an assistive device can significantly reduce the number of jobs that can be performed in a work setting. Social Security also evaluates disability claims using its Listing of Impairments, which outlines certain criteria that Social Security can use to determine whether a person is disabled. Typically, Social Security evaluates hip or joint impairments under Listing 1.02- Major Dysfunction of a Joint(s). In order to prove the severity of your condition, objective testing such as MRIs, x-rays, or CT scans are crucial. Additionally, medical records from surgeries, physical therapy, or injections can show your current level of functioning. Social Security will consider limitations you have sitting, standing, or walking that are caused by your hip impairments. It is important to show Social Security that you are complying with your treatment plan, especially if your symptoms are not resolving. If your limitations prevent you from performing or keeping a job, it may be in your best interest to consult with an attorney to help you through the Social Security disability process.  Hip degeneration is not the only  impairment that our … Continued

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