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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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January 31, 2017

Social Security Disability and the Durational Requirement

As a Social Security Disability Attorney, I see the Social Security Administration (SSA) turn people down for a variety of reasons. One of the common ways you may be turned down for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) is because the SSA states you do not meet its Durational Requirement.  This is a fairly easy way for them to turn down your claim, but you can appeal this decision and many times find yourself with a favorable outcome in the long run.   What is the “Durational Requirement”? The language the SSA uses requires that you must have an impairment lasting or expected to last at least 12 months.  As you can tell, this can be a pretty subjective standard.  The SSA makes this determination on the current medical records they have on hand.  Unfortunately, your medical record may be incomplete when they make this determination.  You can appeal this decision and if you believe you are unable to work and will continue to be unable to work it is most likely in your best interest to file a Request for Reconsideration or Request for Hearing to move your case along.  You have approximately 60 days to file these appeals and it is very important to do so in a timely manner so you do not have to file another initial application.   It is also important to note your impairment must prevent you from performing Substantial Gainful Activity (SGA) for at least 12 months in a row. What this essentially means is that you cannot receive disability benefits when your wages are over SGA.  This is a monetary amount establishing a cap you cannot go over.  Many of my clients have difficulty grasping this concept when they are holding down a full time job while … Continued

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October 14, 2014

Can I get Social Security disability benefits if I have problems using my hands?

In my Indiana Social Security disability law practice, I see a very wide variety of disabling conditions.  Many of my clients have conditions that affect  their overall physical ability to work; that is, those clients are unable to sit, stand, and walk long enough in combination to complete an eight-hour work day.  Others, though, have impairments that affect specific areas of functioning.  For example, some of my clients have impairments that limit their ability to use their hands.   Even if you can sit or stand for an entire work day without difficulty, the inability to use your hands to pick things up, handle small parts, or manipulate objects might seriously limit the kinds of work you can perform.  In my experience almost all work requires at least the occasional use of  the worker’s hands.  The Social Security Administration (SSA) recognizes this limitation, and many times my clients who are significantly limited in the use of their hands are found disabled based on that limitation. Many types of medical problems may cause a person to lose full use of his hands, including arthritis, neuropathy, carpal tunnel syndrome, or amputation, to name a few.  If you have problems with your hands, Social Security evaluates your ability to work based on your ability to perform the following types of movements: Reaching: extending your hands and arms in any direction Handling: seizing, holding, grasping, turning, or otherwise performing movements that require you to use your whole hand Fingering: picking, pinching, or otherwise performing movements with your fingers If you have difficulties writing, typing, buttoning, zipping, or keeping your grip on things you are holding in your hands, you would likely have difficulty performing work activities that require you to reach, handle, and finger.  These limitations are usually magnified if you have to use your hands for any … Continued

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October 1, 2013

Substantial Gainful Activity (SGA) and your Indiana Social Security Disabilty Claim

As an Indiana resident seeking disability benefits from the Social Security Administration (SSA), you must show that you are unable to engage in Substantial Gainful Activity (SGA).  SGA is the performance of physical or mental activities in work for pay or profit.  Work is substantial if it involves significant physical or mental activities or a combination of both.   Even if work is performed on a seasonal or part-time basis, the SSA may still consider it substantial.  Work is gainful if it is a type of activity that is usually done for pay or profit, regardless of whether a profit is realized. The following types of activities are generally not considered SGA by Social Security: Self-care Household tasks Hobbies Therapy School attendance Clubs/social programs However, even if these activities are not considered SGA, Social Security may look at your ability to perform them when determining whether you are able to work.  If you are able to attend school full-time, or if you participate in hobbies that require a lot of physical activity, Social Security may consider those activities to be “work-like,” and find that even though you are not presently engaged in SGA, you are still able to work.  Therefore, during the application process, the SSA usually asks claimants about their Activities of Daily Living (ADLs).If your impairments do not limit your ability to perform activities such as shopping, driving, and household chores, the SSA may believe you are capable of gainful employment.  The fact that you are not currently engaged in SGA does not necessarily mean that you are not capable of engaging in SGA. Substantial work may, under some conditions, be disregarded if it is discontinued or reduced after a short time because of your impairment.  This type of work is considered an Unsuccessful Work Attempt (UWA).  Therefore, If you attempt to return to work after you have started an application … Continued

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