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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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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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July 31, 2017

Can I Receive Social Security Disability for Bipolar Disorder?

The Social Security Administration (SSA) recognizes Bipolar Disorder as a disabling condition that can result in disability payments.  My clients often tell me Bipolar Disorder prevents them from getting and keeping a job.  While the symptoms may vary from person to person, I see many of my clients simply not having the ability to concentrate or focus long enough to maintain employment. The SSA acknowledges Bipolar Disorder in its Listing of Impairments under listing 12.04 Depressive, Bipolar, and Other Related Disorders.  If you meet or equal this listing, you may be eligible for benefits.  However, there also may be technical criteria that must be met.  Since there is no objective testing that can show the presence of Bipolar Disorder; hospitalizations, ongoing therapy records, and medication compliance may be the key to receiving benefits. In my Social Security Disability practice, one of the challenges to these cases can be consistent and ongoing therapy records, as the diagnosis of Bipolar Disorder is not going to be enough.  The SSA generally wants to see a client-patient relationship documenting the ongoing mental illness and compliance with medications prescribed.  If the symptoms still exist after pursuing consistent treatment, then your claim may be given greater weight. A medical source statement from a treating mental health specialist can help the Social Security Administration and/or an Administrative Law Judge (ALJ) determine your condition is severe enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Some health care professionals are unwilling to produce these types of documents, but it may be in your best interest to ask if they will take the time to do so.  In my experience, these statements should contain a clear diagnosis, how long the condition has lasted and is expected to last, the symptoms, and an opinion on … Continued

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June 20, 2017

Why should you have a brief for your Social Security disability hearing?

At the Law Office of Scott D. Lewis, we submit representative briefs to the Administrative Law Judge (ALJ) prior to our clients’ disability hearing.  In my experience as an Indiana Social Security disability attorney, I find this to be helpful for a variety of reasons.   A well-structured brief can give the ALJ a concise framework for highlighting the important and relevant aspects in regards to a claim for disability. To begin, the brief can outline the procedural aspects or issues with a claim, and show the ALJ what steps or actions have been taken in anticipation of the hearing.  A good brief will show the theory for disability of the case, such as whether the claim meets any Listing of Impairments or whether any of Social Security’s vocational guidelines.  It should cite to a claimant’s medical records to demonstrate the severity of symptoms, point out any objective medical testing, and highlight any medical source statements from treating sources.  A brief should also show how a claimant’s residual functional capacity is so diminished that no full-time jobs could be performed.   In my practice as a Social Security Disability attorney, I find that a brief serves two strong purposes.  First, it allows the ALJ to know what arguments I am asserting for my clients and provides the evidence to support it.  Medical records can contain hundreds of pages of documents, so giving the ALJ the locations of important documents all in one location can prevent some key piece of evidence from being overlooked. Second, I find that it helps me prepare for the hearing. After assembling the brief, I have a stronger understanding of the client, the medical record, and the strategy I plan to use to win the case. Does every ALJ read every brief submitted? Probably not, however … 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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November 18, 2016

Do You Know Why You Are Disabled?

That seems like a strange question doesn’t it? My clients tell me they are disabled, but many have a hard time saying it in a way the Social Security Administration (SSA) understands. Many people have Social Security disability questions.  There can be many reasons why it is hard to explain your inability to work.  You may have a rare condition the SSA is not very familiar with; you may have a combination of impairments that, all added together, make you unable to work; you may have to argue you meet special rules the SSA recognizes; or you may just simply be unable to work a full time job.  Trust me, claiming you are disabled to the SSA can be confusing and difficult, or it can be as easy as they want to make it for you.  That’s why knowing what to tell them can possibly create a make or break situation.   In my experience, you need to be careful how you phrase things to the Social Security Administration. First of all, being disabled is not a joke.  Going to physical and mental examinations the SSA sends you to and taking it lightly may result in that particular examiner noting your attitude to the SSA.  All the way through the process, you need to express accurately to the SSA what you are experiencing.   Fill out the forms the SSA gives you truthfully and in their entirety. Some claims can be processed favorably without much human interaction by giving the SSA ALL of the information they request.  Be proactive in your claim, especially at the initial level, to ensure the SSA gets all pertinent information.  Unfortunately, after initial denials, while waiting for a hearing, your claim may not be looked at again until you find yourself in front of an Administrative Law … Continued

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August 3, 2016

What is a Contingent Fee Agreement?

If you have applied for Social Security disability benefits and have been denied, you may have been advised to hire an attorney to help you appeal your case.  However, you might be worried that you can’t afford an attorney – after all, aren’t lawyers famous for charging high hourly rates for every second they spend on each case?  Fortunately, if you hire an attorney or representative to help you with your disability appeal, your case will be handled with a “contingent fee agreement.” The Social Security Administration (SSA) has rules about how attorneys can charge clients for disability appeals.  Basically, if an attorney wants Social Security to approve his or her fee agreement, it must meet the following criteria: 1. You (the client) only have to pay the attorney if your claim is granted (if you “win” your appeal). 2. If you win, the attorney receives 25% of any back pay you receive. (“Back pay” is the money you receive from Social Security to cover the benefits you should have received while you were waiting for your claim to be processed and/or your appeal to go through.) 3. If your claim is granted at the initial application, request for reconsideration, or hearing level, the attorney can receive no more than $6,000, no matter how much back pay you receive. 4. If you lose at the hearing level and have to appeal your case to the Appeals Council or file a claim in federal court, most attorneys have a slightly different fee structure. Typically in those cases, the attorney receives 25% of your back pay without the $6,000 cap.  However, the attorney will likely have to submit a statement (called a “fee petition”) showing how much time he or she spent on your case in order for the fee to be approved. In … Continued

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May 27, 2016

Anatomy of a Social Security Hearing Decision Part II: Approval of the fee agreement

If you were represented at your disability hearing by an attorney or qualified representative, your favorable Social Security hearing decision will contain an “Order of Administrative Law Judge” either approving or disapproving your fee agreement.  That order also explains that you have fifteen days to respond to the judge if you do not agree with his or her order.  Some of my clients, after reading this order, call me because they are worried that they need to respond in order for their case to move forward.  Fortunately for them, though, this language is just another part of Social Security’s form letter.  I explain to them that if they are still willing to hold to their end of the fee agreement, they don’t have to do anything. Social Security has rules about how much an attorney can charge you for his or her services related to your Social Security disability case.  When you hired your attorney, you most likely signed a fee agreement that said you only had to pay your attorney if you were awarded benefits and received back pay.  Under Social Security’s rules, your attorney can typically charge 25% of your back pay, but no more than $6,000.  If you have an attorney who regularly practices Social Security disability law, the attorney probably has an agreement with Social Security that allows him to receive his fees directly from Social Security.  That way, neither you nor your attorney has to worry about calculating the amount of the fee and ensuring timely payment. However, that direct payment of fees can only occur if Social Security finds that your fee agreement complies with Social Security’s rules.  Therefore, when an Administrative Law Judge finds a claimant disabled, he or she must then review the fee agreement to make sure it is in compliance.  … Continued

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