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March 14, 2019

Social Security Disability and Your Date Last Insured

I have found the concept of a Date Last Insured (DLI) can be difficult for my clients to understand.  In my practice as an Indiana Social Security Disability lawyer, I may need to explain this concept to my clients several times to for them to fully grasp what it means.  I understand the difficulty in accepting that your eligibility for disability insurance benefits has expired when you are struggling with a severe disability and find you cannot take care of yourself or your family.  In this blog, I will attempt to explain why your DLI is important and how it is established. Your Date last Insured, or DLI, is established by acquiring work credits.  You establish work credits by working and paying into the Federal Insurance Contributions Act, also known as FICA taxes, to the United States Government.  When you receive your paycheck stub, you can see the amount of FICA taxes being deducted.  By paying this tax, you are essentially paying premiums to receive Social Security Disability Insurance (SSDI) benefits should you become disabled.  Although many factors can come into play, your DLI generally expires around five years after you stop working.  Another general rule is that to establish a DLI, you must have worked full time for at least 5 out of the last 10 years.  If you have recently stopped working due to a disabling condition, your DLI is usually in the future. However, if you stopped working many years ago, your DLI may have already passed, which is sometimes referred to as a “remote DLI.”  So, why is your DLI so important?  Your eligibility to receive SSDI benefits is determined by your DLI.   You must prove to the Social Security Administration (SSA) and/or an Administrative Law Judge (ALJ) that you became disabled before your disability insurance … Continued

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March 4, 2019

If I Have Crohn’s Disease Can I Get Social Security Disability Benefits?

In my experience, Crohn’s disease can be a very disabling condition and may qualify you for either Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  The symptoms from Crohn’s disease can be painful, uncomfortable, and can consume most of the person’s day just trying to complete simple tasks.  Very few employers will tolerate an employee that spends much of the day off task and consistently in the nearest restroom.  The Social Security Administration recognizes this, and many times these exact issues are addressed at an Administrative Law Judge hearing. My clients generally describe the similar symptoms, and these can include, but are not limited to: Diarrhea Abdominal Pain Fatigue Fever Vomiting Weight Loss In these cases, it is crucial to obtain objective testing to prove your symptoms are a result of your diagnosis.  In my experience, in cases of individuals with severe Crohn’s disease, many of these tests have been performed before I even talk to my client.  A comprehensive medical file can be key to you receiving your disability benefits.  The SSA usually wants to see that you have exhausted all avenues for treatment in an attempt to resolve your condition.  The Social Security Administration examines Crohn’s disease in its Listing of Impairments under Listing 5.00 Digestive System.  These listings define qualifying criteria for disabilities and the objective testing used to prove the severity of the condition.  Listings can be difficult to interpret without the aid of a trained physician or qualified attorney.  Many times, I will ask a treating physician to complete a questionnaire to show the client meets those criteria.  Another way to win your Social Security disability claim is to show the SSA and an Administrative Law Judge that your condition is so severe you cannot sustain full-time employment.  This can be done … Continued

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February 20, 2019

Will I Get the Chance to Talk to An Actual Attorney When I Call Your Office?

A common complaint I hear from perspective clients is that when they hire a lawyer, they seldom get the chance to speak directly to the lawyer.  The majority of my staff are attorneys who focus on Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  The attorneys in my practice make the decision to accept potential clients, not the administrative staff.  We believe this initial attorney/client contact is crucial in beginning our case.  The initial contact with an attorney can help you decide if the relationship is a good fit for you, in addition to helping you understand the disability process.  The lawyers in my office strive to explain not only the process, but what can be done to enhance your chances of winning your disability claim.  This initial contact can give you the opportunity to ask questions regarding the appeals process, the importance of your medical providers, and your chances of being successful in your disability claim.  With my office, the attorney client contact does not stop after the initial conversation.  Our attorneys answer questions from current clients on a daily basis. The wait to have your case heard in front of an Administrative Law Judge (ALJ) can be lengthy.  Many things can change during the long wait and chances are, you will have additional questions along the way.  They can range from status updates and updating your medical providers and diagnoses, to questions regarding your ability to go back to work and what ramifications that will have on your claim.  Our office is busy, and I believe you should want it that way.  We are working with medical providers to get your medical records, filing appeals, corresponding with the Social Security Administration (SSA), and preparing cases for upcoming court dates.  Our administrative staff works closely with … Continued

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January 18, 2019

Does Having a Cane, Walker, or Wheelchair Help Me in My Social Security Disability Case?

If you need a cane, walker, or wheelchair to ambulate effectively, it can have a significant impact on your claim for disability benefits.  Many jobs that require a person to stand or walk during the work day can be hard to perform when the employee needs an assistive device.  For example, if you are holding on to a cane with one hand, you may not be able to use that hand for work tasks.  It also matters why you need the device and how often you use it.  These devices may be used for standing, walking, balancing, or all the above.  You may need an assistive device any time you stand or only for prolonged activity.  There can be many factors to consider when determining how someone can work when they need an assistive device. A common question I find Administrative Law Judges consider at your disability hearing is whether your assistive device is “medically necessary”.  In other words, does your medical record support that you need a cane or walker as you claim.  In my experience, one of the best ways to address this question is to have a prescription from your treating physician for your cane, walker, or wheelchair.  Your physician can either write a prescription or make a statement in the form of a medical source statement that you can provide to your disability attorney or the Social Security Administration (SSA). Once the SSA believes you medically need your assistive device, the SSA will then decide how the use of your device impacts your ability to work.  At your hearing, a Vocational Expert (VE) will testify to the impact of an assistive device on certain types of jobs.  In my experience, this can be where a well-trained attorney may be able to reduce or eliminate the number … Continued

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December 27, 2018

How Does the Social Security Administration Know I Have a Disability Attorney on my Case?

When you hire a disability attorney to work on your Social Security Disability  Insurance (SSDI) and/or Supplemental Security Income (SSI) case, your lawyer will file a Form 1696 Appointment of Representative with the Social Security Administration (SSA).  This is the document needed for SSA to acknowledge that you now have representation.  The SSA will not allow an attorney to discuss or act on your claim without this form being signed and dated by you. With this form, the SSA acknowledges the representative can speak on your behalf with your approval.  Once received, all correspondence is sent directly to your representative.  Your representative will act as the primary contact point for the SSA to discuss your claim, but you will still receive copies of correspondence.  This can include filing of appropriate paperwork to appeal your claim, help in obtaining medical records to supplement your claim, help in arranging contact with the client, scheduling your disability hearing, and other things to help further your claim. Some of my clients change residences and telephone numbers, which can make it difficult for the SSA to contact them.  Our office can provide a stable place to provide updated information to all parties involved regarding your disability claim.  We can also explain how these updates affect your claim.  Social Security disability is the focus of our law firm, and what may seem confusing to disability claimants can be explained by a qualified attorney or representative.

Filed under: Indiana Social Security Disability Attorney, News || Tagged under:
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November 30, 2018

What You Can Do to Help Win Your Social Security Disability Case

We believe that the following simple steps may help enhance your claim:   File your paperwork in a timely manner. The Social Security Administration (SSA) requires you to meet certain deadlines.  You have 60 days (plus 5 days for mailing) to file a Request for Reconsideration after being denied on your initial application.  Failure to file this paperwork in a timely fashion may force you to start the process from the beginning unless you can prove you had good cause for your late filing.  If your Request for Reconsideration is denied, you again have 60 days (plus 5 days for mailing) to file a Request for Hearing.  Again, if you do not meet this deadline within the 60 days allowed, you may find yourself filing an initial application and starting the process from the beginning. Throughout the process, the SSA may ask you to complete a number of forms and reports that all have their own deadlines. Failure to do so can result in a denial.   See the appropriate types of physicians for your conditions and comply with treatment, if possible. Seeing the right kind of specialist specific to your disability can go a long way to prove to the SSA you are disabled.  The Social Security Administration follows specific rules regarding how to consider medical records or opinions, and your General Practitioner’s opinion alone may not provide enough weight to convince the SSA. More consideration is given to statements from a specialist such as statements relating to the severity of your condition, specific objective testing, and medical source statements as to your functional ability to work.  Our office welcomes all medical provider records that support your case. The more records we can get to support your claim, the stronger your claim becomes. We know that your medical insurance … Continued

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February 23, 2017

Terminal Illness or TERI cases and Social Security Disability

One of the unfortunate realities of my job is that some of my clients are diagnosed as terminal. While being diagnosed with a terminal illness may seem like an obvious favorable decision for the Social Security Administration (SSA) to make, that may not always be the case. Even with this diagnosis the SSA may need more information and can be slow in making a determination.  Hopefully your medical provider, family, and Social Security attorney or representative can gather the information to make it easier for the SSA to make the right decision quickly.   The Social Security Administration avoids the words “terminal illness” and instead calls these cases TERI cases. The SSA defines a TERI case as “a medical condition that is untreatable and expected to result in death.”  Once this type of designation exists, the SSA attempts to expedite the case in the early and later stages of processing.  The SSA has guidelines for identifying these cases and processing them in a particular way.   Getting a medical source statement from your treating physician can be very important. Not only a statement saying the individual is terminal, but also supporting medical evidence establishing a clear diagnosis.  Objective testing and progress notes should be submitted to the SSA to show the severity of the condition.  Many physicians are hesitant to make such statements until all medical avenues have been exhausted.  If you find yourself in this situation it may be in your best interest to let your physician know you are dealing with the Social Security Administration.   If you or a family member finds themselves in this situation, I urge you to contact the SSA as soon as possible to start this process. Qualified Social Security disability attorneys and representatives can also provide guidance on filling out paperwork and … 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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August 31, 2015

Being Truthful at Your Social Security Disability Hearing

You may have heard about the guy who leaves his Social Security disability hearing in a wheelchair, throws the wheelchair in the trunk of his car, and walks easily down the street.  Is this an urban legend, or do things like this really happen?  As an Indianapolis Social Security disability attorney I have never seen someone fake an impairment like that at a hearing.  I have had clients ask me, though, whether they should use or wear their assistive devices at their hearing.  My answer is always the same: if the hearing is a situation in which you would normally use your assistive device, by all means use it at the hearing.  Otherwise, leave it at home. Your credibility with the Administrative Law Judge (ALJ) at your hearing is very important.  In my experience, if the ALJ thinks you are untruthful about one thing, he may not believe anything else you say either.  Sometimes my clients are worried that the judge won’t be able to see how disabled they are if they don’t make a big deal out of their symptoms.  They go in to the hearing room acting as if it is the sickest day they have ever had.  Believe me, this type of behavior almost always give the ALJ the opposite impression – that the claimant is making things up.  For example, the judge may ask a claimant to rate her pain on a pain scale, where 0 is no pain at all, and 10 is pain so bad that she has to go to the hospital.  I have heard clients tell the judge that the pain they are experiencing during the hearing is a 10.  Obviously, they are not in the hospital; they are sitting in front of the ALJ at the hearing.  In my experience, it … Continued

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