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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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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 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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April 26, 2017

Breathing Problems and Social Security Disability

Many of my clients having breathing problems as either their sole issue or as just another problem among the many they experience. Breathing problems such as Emphysema, Asthma, COPD, or any other impairment can make it extremely difficult to work.  Sometimes it is very apparent just by talking to an individual, while other times it is more obvious when they are exerting themselves.  The Social Security Administration (SSA) does consider breathing problems when determining a disabling condition.  It may be wise for you to file a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim if you find this or any other condition prevents you from working. My clients often complain that their breathing problems cause many symptoms including but not limited to: Shortness of Breath Fatigue Chest pain Constant coughing Wheezing Chronic Respiratory Infections Unfortunately, many lung problems can be permanent in nature. As with all disabling conditions, the SSA will usually need medical documentation to prove your disabling condition.  A Pulmonary Function Test may help to persuade the SSA your condition is severe enough to receive disability payments.  The Social Security Administration examines pulmonary disorders under the provisions in its Listing of Impairments.  Listing 3.00 Respiratory Disorders outlines the information the SSA uses to determine if a person meets or equals this disabling condition. Receiving the correct type of treatment can be the key to a successful outcome in a Social Security disability appeal. A qualified pulmonologist may be able to provide the medical documentation needed for the SSA to grant your claim.  It is important to remember to let the SSA know you have issues with your breathing, even though it may not be your primary reason for filing a disability claim.  The SSA can consider all of your impairments in combination when deciding if … Continued

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December 31, 2015

Can I Get Social Security Disability For COPD?

If your symptoms are severe enough, Social Security can find you disabled if you have chronic obstructive pulmonary disease (COPD).  However, a diagnosis on its own is not enough.  In my practice, I find that COPD is disabling to my clients in two ways – either because their COPD symptoms are so severe that they are unable to work, or because their COPD symptoms combine with symptoms from other impairments to keep them from working. I am surprised at how many of my clients have breathing difficulties.  Their diagnoses range from asthma to emphysema.  My experience with clients with breathing problems is that their symptoms generally do not improve with time.  If you find you are unable to work due to COPD or any other breathing problem, it may be in your best interest to apply for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) as soon as possible. The Social Security Administration (SSA) examines COPD in its Listing of Impairments under listing 3.02 for chronic pulmonary insufficiency.  The listings in section 3 cover many other types of respiratory impairments as well, including asthma, cystic fibrosis, bronchiectasis, persistent pulmonary infections, and cor pulomale due to chronic pulmonary vascular hypertension.  If you have COPD or any other respiratory problem, Social Security will probably order a “pulmonary function test” to objectively determine the extent of the obstruction to your airways.  If you are already being treated by a pulmonologist, you may have already had one or more pulmonary function tests performed.  Social Security will request records from your doctor, which will include these test results as well as your doctor’s diagnoses and clinical impressions. Another way to meet the requirements of the listings in section 3 is to show that you have frequent respiratory exacerbations that require physician intervention.  If … Continued

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October 7, 2015

Can I Receive Social Security Disability Payments For Fibromyalgia?

The short answer is yes, you can receive Social Security disability benefits if you have fibromyalgia.  In my experience, though, you may face some obstacles along the way.  Although doctors have been diagnosing fibromyalgia for many years, it was not until 2012 that the Social Security Administration (SSA) issued guidelines addressing fibromyalgia as a disabling condition in policy ruling SSR 12-2p. While SSR 12-2p requires that a diagnosis of fibromyalgia be made by a licensed physician, it has been my experience that having a diagnosis from a rheumatologist greatly improves the likelihood that the SSA will accept that diagnosis as valid.  As with any type of impairment, Social Security gives greater weight to the diagnoses and clinical findings of a physician who specializes in treating your disabling condition. SSR 12-2p states that a diagnosis of fibromyalgia alone is not sufficient proof of a disabling condition.  Social Security will review the doctor’s treatment notes to make sure that the doctor’s clinical findings and treatment notes over time show that your physical strength and functional abilities are limited enough to be disabling.  A short summary of the criteria the SSA considers in determining whether your diagnosis of fibromyalgia is disabling includes: 1.  A history of widespread pain that has persisted for at least three months 2.  At least one of the following: a.  At least eleven positive tender points on examination b.  Repeated manifestation of at least six fibromyalgia signs or co-occurring conditions, especially fatigue, cognitive or memory problems, waking unrefreshed, depression, anxiety disorder, or irritable bowel syndrome 3.  Evidence ruling out other disorders that could cause these symptoms If you have fibromyalgia, you probably know that this short summary cannot begin to convey how completely your symptoms affect your life.  The pain you experience on a daily basis and the other … 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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