here
February 16, 2018

You’ve Paid for it; Social Security Disability Benefits are Not a Gift

In addition to having medical conditions that prevent you from working, a wage earner first must have worked long enough to have earned work credits to become eligible for Social Security Disability Insurance (SSDI) benefits.  These credits are earned by contributing to the Social Security system through your FICA taxes.  This is not some type of federal government handout, it is a benefit program, you as a worker, have paid into.  If you receive these monthly benefits, then contributions have been paid throughout the years to make sure you were eligible for benefits. Like most other insurance programs, your insured status can expire if “premiums” are not paid.  The date a claimant’s eligibility for SSDI benefits expires is known as a Date Last Insured (DLI).  Typically, a person who has earned enough credits through FICA taxes to the federal government has a DLI that expires approximately five years after they stop working.  A person seeking SSDI benefits must be found to be disabled prior to this date.  If you wait too long to apply for SSDI benefits, this date may actually be in the past.  When this situation occurs (which is known as a remote DLI), it can be increasingly difficult to convince the SSA you were disabled further and further in the past.  The SSA may only consider medical records from on or before your date last insured and give little or no weight to your current medical condition.  As an attorney, these remote DLI issues can be difficult to argue.  I believe it is in your best interest to apply for disability as soon as you feel you cannot work full time to ensure that you have the best chance of winning your claim. As the title of this blog implies, Social Security Disability Insurance is something you … Continued

Filed under: Indiana Social Security Disability Client || Tagged under:
0 comments || Author:

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

Filed under: News || Tagged under:
0 comments || Author:

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

Filed under: Hearings Process || Tagged under:
0 comments || Author:

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

Filed under: Hearings Process || Tagged under:
0 comments || Author:

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

Filed under: Appeals Process || Tagged under:
0 comments || Author:

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.

Filed under: Medical Treatment, Personal || Tagged under:
0 comments || Author:

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

Filed under: Hearings Process || Tagged under:
0 comments || Author:

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

Filed under: Qualifying Disabilities and Impairments || Tagged under:
0 comments || Author:

September 9, 2016

“Off task” at work – does it matter at my Social Security disability hearing?

Social Security disability hearings can be confusing – the Administrative Law Judge (ALJ), your attorney, and the experts use a lot of jargon that may make it sound like they are speaking a completely new language.  The basic issue that all of these people are discussing is whether you can perform the duties of a full-time job.  However, Social Security’s rules require that the ALJ provide a detailed explanation of why he or she thinks you can or cannot work.  The ALJ must determine your “residual functional capacity” (RFC), which is a description of what kinds of work-like activities, if any, you are able to perform in spite of your impairments.  The judge must specifically address all the different physical and mental limitations you have. The elements of your physical residual functional capacity – your ability to sit, stand, walk, lift, reach, stoop, etc. – are pretty self-explanatory.  The judge must assess how much of an eight-hour work day you are able to do each of these things.  However, as you probably know well, your medical conditions cause problems in many more areas than just your ability to do physical activities.  If you have pain, mental health diagnoses, or medication side effects, you likely have difficulty with mental tasks as well.  Your skills in concentrating, solving problems, and interacting with others are just as vital to your ability to keep a job as your physical capabilities are. Unfortunately, though, it can be difficult to describe how mental limitations affect your ability to work.  Here are some ways you may notice that your mental limitations affect your daily life: You have difficulty sitting through an entire TV show or reading a whole magazine article because your back pain bothers you so much. You start lots of projects, but you never finish … Continued

Filed under: Evaluation Process, Hearings Process, Indiana Social Security Disability Attorney, Residual Functional Capacity || Tagged under:
0 comments || Author:

July 7, 2016

Do I have a good Social Security disability case?

I hear this question probably more than any other question from my clients.  When I was in law school, one of my professors told me, “The facts always matter,” and a Social Security disability case is no exception.  It’s also important to know how Social Security applies its rules to the facts of your case when you are trying to show that you are unable to work.  While there are many variables that affect your chances of winning your claim, I have found that some factors are more important than the others. Medical treatment: One of the first things I ask potential clients is whether or not they are seeing doctors.  In order to find that you are disabled, Social Security must be able to find that you have a medically determinable impairment that affects your ability to work.   You must also have medical records that support the statements you make about how badly your symptoms affect you.  You can’t assume that the Administrative Law Judge (ALJ) at your hearing will know that you are a trustworthy person who doesn’t exaggerate.  Even if the ALJ does find that you are a credible person, he or she will still want to see objective testing (like x-rays or MRIs) and/or progress notes from your physician that back up your testimony.  The ALJ will want proof that you are being treated by doctors who specialize in your type of impairments – for example, that you are seeing an orthopedic doctor if you have degenerative disc disease, a rheumatologist if you have fibromyalgia, a psychiatrist if you have bipolar disorder, or a neurologist if you have migraine headaches.  If your doctor is willing to provide a written statement about your work-related limitations, it can also improve your chances of a favorable outcome. Age, education, and work experience: … Continued

Filed under: Hearings Process, News, Social Security Disability Attorney || Tagged under:
0 comments || Author: