here
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:

October 14, 2011

Indiana Social Security Disability Hearings Office

Social Security disability applicants that have been denied disability benefits have the right to appeal that decision made by the Social Security Administration (SSA).  As an individual goes through the stages of appeals, he/she may eventually find him/herself in front of an Administrative Law Judge (ALJ).  Indiana hearings are heard at one of the Office of Disability Adjudication and Review (ODAR) locations. Most states have more than one ODAR location.  According to the SSA, there are currently 10 regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and 1 national case assistance center. There are approximately 1,300 administrative law judges and 7,000 support staff in the field organization. Additionally, administrative law judges may travel to other sites such as local Social Security offices to conduct hearings if needed or appear by video at your location. In addition to the stated above, the SSA may use other facilities throughout the state to conduct the hearing. Don’t be surprised if you are scheduled for a hearing at the Social Security Administration office, a conference room at another facility or in a hotel or bank. Regardless of the location, the ALJ that presides over the case will still review the evidence, listen to the comments made by your disability attorney, and hear testimony from medical or vocational experts. The ODAR Chicago Region services residents in the six state area comprised of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.  Indiana residents will find their hearing scheduled at the location closest to their home.  Indiana Social Security disability attorney Scott D. Lewis finds himself traveling throughout the state of Indiana to represent disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  If you have been denied disability benefits or if you cannot work due to a disabling condition, contact Indiana … Continued

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

November 30, 2010

Indianapolis Social Security Lawyer Scott Lewis and his Thoughts Concerning Video Hearings

The Indianapolis Office of Disability Adjudication and Review has a tremendous backlog of Social Security disability appeals waiting to be heard by Administrative Law Judges (ALJ).  This is no big secret to the Social Security Administration (SSA) and in an attempt to help alleviate the huge caseload they have turned to video hearings.  Does this mean an Indiana Social Security disability claimant will have a video hearing?  No, there is still a possibility you will appear at an “in person” hearing with the ALJ sitting right in front of you.  Indianapolis disability attorney Scott Lewis has noticed recently that Indiana disability claimants need to expect the unexpected when dealing with Administrative Law Judges from other locations. It is not uncommon for Indiana Social Security disability attorneys to see the same Administrative Law Judges over and over at “in person” hearings at the Indianapolis Social Security hearings office.  Familiarity with the Judges can often help an Indiana Social Security disability lawyer know what to expect at the court proceeding and be well prepared for the type of questions that will be asked by the Judge.  Also, this type of familiarity will usually help the Social Security disability attorney know what particular things a certain judge is looking for to achieve a favorable outcome. Now, lets mix in an Administrative Law Judge (ALJ) sitting in a courtroom peering through a small television monitor hundreds of miles away who may have never stepped foot in the state of Indiana.  You may enter the courtroom in a wheelchair, the ALJ may not see, and you may grimace in pain that he may not see, and then he speaks to you in a voice that seems to echo from the audio equipment. You look at your Indianapolis Social Security Attorney for guidance and he displays calm character … Continued

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

September 2, 2010

Indiana Social Security Disability Hearings

Social Security disability claimants entering an Indiana hearings office for their disability appeal may wonder what to expect. For many Indiana residents, the idea of appearing in front of an Administrative Law Judge (ALJ) may be intimidating. Attorney Scott D. Lewis tries to explain to his Social Security disability clients what to expect at the hearing and attempts to explain to the client what the strong and weak points of their disability claim are. As far as what to expect at your hearing for your appeal, here are a few items clients wonder about: What should I do when I arrive at the hearing office? The Social Security hearings office usually request the clients to arrive at theoffice 30 minutes before their scheduled disability hearing. The Social Security Administration request the claimant to bring a picture I.D. and many Social Security hearing offices will have security that may require you to go through a metal detector.  After passing through security, the disability claimant should check in with personnel at the Social Security hearings office to let them know you have arrived and then the disability claimant can take a seat. What does the hearing room look like? In the Indianapolis Social Security hearings office, disability clients are usually surprised to find a rather informal hearing room.  The rooms are small with desks and chairs for the disability client, the representative, experts, and a court reporter to sit at.  The ALJ is usually at another desk that is more elevated.  The hearing rooms are not “grand” court rooms you may have seen on television, but a more informal environment. How long will my Social Security hearing last? The length of the hearing varies for from judge to judge, but in Social Security Disability Attorney Scott Lewis’ experience, most disability appeal hearings are scheduled for 45 minutes.  Some Administrative Law Judges conduct appeal hearings that … Continued

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