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April 11, 2016

What are ADLs, and why does Social Security care so much if I go on vacation or keep my house clean?

Many of my clients do not understand why the Social Security Administration (SSA) is so interested in their day-to-day activities.  It might help to think about it this way: since you are not able to work, Social Security can’t ask you how your current symptoms affect your work activities.  Therefore, they have to look instead at what you are actually able (or unable) to do in your daily life.  Social Security refers to these things as your “Activities of Daily Living,” or ADLs. During the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) application process, Social Security sends each claimant a questionnaire called an Adult Function Report.  This form asks specific questions about how your impairments affect your ability to do what you need to do to get through a typical day.  Similarly, the Administrative Law Judge (ALJ) at your hearing will ask questions about your ADLs, including your ability to: Clean your house (sweep, mop, dust, wash dishes, etc.) Shop for groceries Take care of your yard Drive a car Bathe, shower, and take care of your personal hygiene Dress yourself Do laundry Cook or prepare meals Care for children, other family members, or pets Participate in hobbies Spend time with friends Travel on vacations When you answer questions about your ADLs, it’s important to keep in mind why Social Security is asking them.  The ALJ is not trying to find out of you are a conscientious housekeeper or if you are an interesting person to hang out with.  It can be really hard – embarrassing, even – to admit that you aren’t able to take a shower or wash your dishes as often as you think you should.  It is painful for a lot of my clients to realize that it has been years since they … 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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July 2, 2015

Will Hiring An Attorney Speed Up My Case?

Many Social Security disability claimants are under the impression that hiring an attorney will speed up the processing of their case with the Social Security Administration (SSA).  While hiring an attorney does not directly translate into a claim being processed more quickly by the SSA, there are many benefits of having an attorney on your case. Benefits at the Initial Application Stage Getting an attorney representative to help you with your initial application for benefits may help your chances of being found disabled.  As most disability claimants and attorneys know, the majority of people are denied on their initial application.  However, some benefits of our office helping a claimant complete an initial application may include: Helping you obtain a medical source statement from your doctor by providing questionnaires designed to get your doctor’s opinions on specific issues Social Security addresses: Social Security is supposed to give great weight to the opinions of your treating medical providers. Updating Social Security about changes in your condition and treatment: the more complete the medical records Social Security has, the more likely it will have enough evidence to make a favorable decision. Ensuring your application is complete: the application can be overwhelming to someone who has never done it before, but we are able to walk you through and ensure you provide complete and accurate information. Submitting medical records in support of your claim: while Social Security typically requests all of your medical records at the initial application stage, we are able to help follow up with providers Social Security cannot reach. Keeping track of your claim to make sure it is processed in a timely manner: we regularly follow up on each claim to make sure Social Security has everything it needs and to make sure the case is moving forward. While Social … Continued

Filed under: Appeals Process, Claims Process, Evaluation Process, Hearings Process, Social Security Disability Attorney || Tagged under:
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February 18, 2015

Why Do they Ask All of those Questions at Social Security Disability Hearings?

The day of your Social Security disability hearing has arrived, and you are probably filled with anxiety and wondering what it is going to be like. Although I can’t cure my clients of all of their hearing-day jitters, I do make sure I spend about an hour talking to my clients prior to the hearing date so they will know what to expect. I describe what the hearing will be like from the time they enter the hearing room to the time they leave. We also go over all of the questions that the Administrative Law Judges (ALJs) tend to ask during the hearing. One reason I go through these “practice questions” with my client is to prevent the client from being surprised by what the questions are. Another reason is to prevent me from being surprised by how the client answers them. The first questions the ALJ asks you will typically be very easy, including your name, address, and Social Security number. He might ask about your height and weight and whether you are right- or left-handed. The judge may also ask you about your living arrangements – whether you live in a house, apartment, or mobile home; who lives there with you; and your source of income. The best way to answer these questions is honestly and simply. Remember to stay on topic. Most of my clients are itching to talk about their disabling conditions right away, and that is understandable, but the judge needs to get through these questions before moving on. Next the ALJ will most likely ask you about jobs you have performed in the past. Social Security’s disability rules say that if your condition allows you to return to any of the work you have done in the past fifteen years, you are not … Continued

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January 23, 2015

Hearings at the Indianapolis Social Security Office of Disability Adjudication and Review

You probably have seen television or movie depictions of courtrooms, so you may expect your Social Security disability hearing to take place in a big, old courtroom in a big, old courthouse with lots of pomp and circumstance. Every hearing office is a different, but if you have a disability hearing scheduled in Indianapolis, Indiana, your hearing will most likely be held at the Office of Disability Adjudication and Review (ODAR) located at 151 North Delaware Street, Room 400, Indianapolis, Indiana.  The Indianapolis ODAR is on the fourth floor of a regular downtown office building.  As you leave the elevator on the fourth floor and turn left, you will see a security officer sitting at a desk.  He is there for your safety as well as that of the Social Security staff and Administrative Law Judges (ALJs).  The security guard will ask you for valid picture identification, such as a driver’s license, state identification card, or passport.  Before the date of your hearing, make sure your identification has not expired!  Also be prepared to empty all of your pockets and remove your hat if you are wearing one.  You will be scanned with a metal detector, and the security guard will inspect any bags or purses you are carrying with you. You may not carry deadly weapons, such as guns and knives, into the Social Security office.  Women carrying pepper spray in their purses will also be turned away.  If you have any of these items with you when you come to the hearing office, you will most likely be asked to take them back to your vehicle. Once you have passed the security check, you will be directed to give your name to a staff person at the office window.  The staff member will confirm that you have a … Continued

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November 17, 2014

Will My Doctor Be At My Social Security Disability Appeals Hearing?

It is highly unlikely  that your treating physician will attend your Social Security disability hearing.  Unless your doctor is a personal friend you can convince to attend your hearing, your doctor in almost all cases will not be there. First, the Social Security Administration (SSA) does not require your doctor to attend.  Although some judges do call physicians to testify at hearings, those physicians are Medical Experts (MEs) paid by the SSA to examine your medical records and evaluate whether your condition is disabling under Social Security’s rules.  Will the ME at your hearing ever have examined you?  No.  Will this ME ever have even met you?  No.  The ME is supposed to give an impartial opinion regardless of the fact the SSA is paying him/her a fee to review the case and testify.  In my experience, there are good MEs and bad MEs, just like there are people who do a good job and people who do a bad job in any other profession.  In a perfect world, your doctor would be able to sit down with the judge and explain your impairments and how they affect you, but that’s most likely not going to happen. Second, your doctor is busy.  Even if you have a doctor who is kind and helpful, it is unrealistic to expect him or her to take time away from practicing medicine to attend your hearing. So what can you do to ensure the judge has good information from your treating physicians? Get the medical treatment you need.  Your explaining to the SSA that you have a bad back is not enough to show that you are disabled under its rules.  Social Security expects to see objective testing like x-rays or MRIs, progress notes from doctor visits, and records of medications you are taking. Make sure the SSA … Continued

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August 26, 2014

What Should I Say At My Social Security Disability Hearing?

When I prepare my Indiana neighbors for their day in front of an Administrative Law Judge (ALJ), the majority of the conversation revolves around what type of questions the ALJ will ask them.  I have represented clients in front of many different judges, and I have found that each ALJ has a unique style of asking questions – some ask a lot of questions; others prefer to have the representative take most of the client’s testimony.  Therefore, I try to tailor each of my clients’ preparation to be ready for the particular judge who will be hearing the case.  In spite of their differences, though, in my experience most judges cover the same general topics in their hearings. Many, but not all, judges are going to check your credibility.  While objective test results can prove that you have a certain medical diagnosis, the severity of the pain or other symptoms you experience due to that diagnosis can only be explained by you.  Therefore, the judge will likely ask you to explain your symptoms, rate your pain, or describe the ways your pain or other symptoms limit your ability to perform certain tasks.  If a judge believes you are exaggerating or lying about these things, you may find yourself with an unfavorable outcome.  I try to always tell my clients to be truthful yet realistic about what they can or cannot do.  In my experience, credibility is especially important for my clients whose disabilities cannot be diagnosed with objective testing, like mental illness, fibromyalgia, or migraines. Most judges will ask you about your activities of daily living.  These can include but are not limited to cleaning your home, doing dishes, laundry, yard work, bathing or showering, dressing yourself, taking care of children, shopping, using the computer, hobbies, and going out with friends and … Continued

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March 28, 2014

Expedited Social Security Disability Hearings for Veterans

“Starting March 17, 2014, veterans who have a VA compensation rating of 100% permanent and total (P&T) may receive expedited processing of applications for Social Security disability benefits.” This is a direct quote from the Social Security Administration’s website. This is great news for 100% disabled veterans.  In my Indiana law office, we have already seen the results of this rule.  Social Security has called us to schedule expedited hearings for several of my clients who are disabled veterans, in some cases cutting months off of their expected waiting time for their hearings. Unfortunately, I have had to explain to my clients that just because the VA has assigned them a disability rating of 100% permanent and total, it does not mean that Social Security is required to find them disabled as well.  The Veteran’s Administration and Social Security have different rules and different definitions of disability, so they do not always reach the same conclusion after evaluating the same person.  While your VA disability rating letter is important evidence in your Social Security disability claim, it does not guarantee you will be found disabled.  The only advantage this rule gives to veterans with a 100% VA rating is a faster processing time for their claims. There are a few ways to apply for Social Security Disability benefits: Complete your application online. Call the Social Security Administration at 1-800-772-1213 (TTY 1-800-325-0778 for deaf or hard of hearing). Call or visit your local Social Security Administration office. If you want to apply in person, it is best to call beforehand to schedule an appointment. To receive the expedited hearing: Identify yourself as a “veteran rated 100% P&T” If you apply in person or over the phone, inform the Social Security representative that you have a veteran rating of 100% P&T. If … Continued

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November 30, 2012

Getting Ready For Your Indiana Social Security Disability Hearing

Are you nervous about your upcoming disability hearing?  When I talk to my clients before their hearings, one of the most common things they talk about is how anxious they are.  Many of them seem to be on the verge of an anxiety attack when they enter the hearing room.  I attempt to prepare my clients for this big day by letting them know what the atmosphere of the hearing will be like, the types of questions they will be asked, and what they should talk about (or not talk about) when they answer those questions.  I have seen some attorneys and representatives who do not prepare their clients for their hearings at all, or they do so in the waiting room right before the hearing.  It is my practice to speak with each of my clients a day or two before the hearing; we have plenty of time to prepare, but it’s close enough to the hearing that the client will remember everything we talked about.  I usually spend between 45 minutes and an hour letting them know exactly what to expect at the hearing.  Of course, no matter how well-prepared we are, hearings can take many unexpected turns and there can always be surprises.  However, I know from experience how the majority of hearings are conducted and what issues are likely to arise, and I am able to explain to my clients what they should expect. Fist, it is important to remember the hearing is supposed to be informal.  In other words, most of the Administrative Law Judges do not follow strict trial rules and procedures.  Does this mean you can talk out of turn and interrupt others at the hearing?  No; you still must wait your turn and be respectful.  Most judges give everyone an opportunity to … Continued

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November 9, 2011

Social Security Disability Attorneys In Indianapolis May Be Able To Give You A Good Idea Of Whether Or Not You Won Your Claim

When you leave your Social Security disability appeal hearing you may scratch your head and wonder what exactly just happened.  Indianapolis Social Security disability lawyer Scott Lewis, at times, can give his clients a pretty good idea of what just transpired in the hearing room.  Mr. Lewis represents hundreds of Indiana Social Security disability claimants each year and has found there can be some signs during a Social Security disability hearing that may indicate an Administrative Law Judge (ALJ) is leaning one way or another regarding the decision in your appeal.  There are a few factors that may help determine what the outcome will be. Who was your Administrative Law Judge (ALJ)?  Administrative Law Judge approval percentages on Social Security disability claims can be all over the board.  Some Judges may approve a very small number of claims, while other Judges may approve a large percentage of the claims they preside over.  Indiana Social Security lawyer Scott Lewis has represented his Indiana neighbors in front of all of the current Administrative Law Judges in the Indianapolis ODAR office and usually has a pretty good idea how often they find individuals disabled.  Also, there are statistics put out by the Social Security Administration (SSA) showing the approval rates for Administrative Law Judges. What did the Medical Expert (ME) testify to at your hearing?  Medical experts are sometimes used at Social Security disability hearings.  These experts are supposed to analyze the medical records in your Social Security disability file to determine what your medical condition is, whether or not you meet one of Social Security’s Listing of Impairments, and what your limitations may be related to your mental or physical condition.  Some Administrative Law Judges do not use medical experts, but if they do, at times they can rely heavily on their testimony.  It … Continued

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