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June 10, 2019

Are You Angry and Frustrated About Your Social Security Disability Claim?

Are you angry and frustrated about your Social Security disability claim?  I find many of my clients express  anger and frustration about their Social Security disability claim.  There may be a variety of reasons that they feel this way.  It’s easy to understand how you might be frustrated when you are unable to work and provide for yourself and/or your family while facing physical and/or mental disabilities.  This blog will cover some of the things I frequently discuss with my clients. Why did they deny me when other people are receiving Social Security disability when they don’t deserve it?  It is important to remember that every case is different.  Sometimes a person’s disability can be something you cannot see.  What you consider an undeserving neighbor may be someone suffering from severe mental conditions.  Also, there are specific rules that the Social Security Administration (SSA) has that can make it easier to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  The SSA can consider a person’s age, education, and prior work experience to meet certain vocational guidelines that could make it easier to receive benefits. With such a large disability program covering so many people, there may be undeserving individuals that fall through the cracks, but overall, we are lucky to live in a country where our disabled are taken care of. Why is it taking so long?  Many of my clients find themselves unable to pay for food, rent, and essential needs during this lengthy process.  Unfortunately, the SSA is way behind in processing claims.  This is probably the most common question I receive, and I can make no excuses for the process.  The lack of available staff to process claims and Administrative Law Judges to hold hearings on those claims is frustrating to claimants and … Continued

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May 15, 2019

Why Does Social Security Disability Care About My Past Jobs?

Many of my clients applying for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) wonder why I ask them about jobs they have performed in the past.  In claims for disability benefits, Social Security evaluates whether they believe you can return to jobs you held in the past. They look at the last 15 years of your employment history. As you can imagine, it may be easier to return to work at a call center as opposed to a heavy construction job.  In this blog, I will briefly explain how this process works. During the Social Security claims process, the Social Security Administration (SSA) will examine your past work to see if you can return to that work with the medical impairments you are experiencing.  At the initial stages, a disability examiner will look at your job titles along with the physical and mental demand levels of your past employment.  If the disability examiner determines you can do your past work, your claim will be denied.  If you cannot perform your past relevant work, the SSA will also determine whether you acquired transferable skills to perform a job with lower exertional requirements.  If they determine there are jobs you can perform with your transferable skills, your claim will also be denied.  Many of my clients are denied for these reasons. This is something you can appeal, and it is usually in your best interest to do so.  After appealing a disability denial, you may find yourself at an Administrative Law Judge (ALJ) hearing.  There will be a Vocational Expert (VE) at the hearing to testify about the demands of your previous employment and occupations in the labor force that can be performed with certain physical and/or mental restrictions.  This is where your attorney or representative can help the … Continued

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April 18, 2019

Sciatica and Social Security Disability

Sciatica and Social Security Disability. Sciatica can generally be described as radiation of pain from your lower back into your hip, buttocks, and/or lower extremities.  This can result from the sciatic nerve being pinched or compressed.  It is often caused by the degeneration of an intervertebral disc.  The pain from sciatica can vary greatly from a minor pain to a burning sensation or the feeling of an electrical shock. If you experience sciatica, testing such as X-rays, CT scans, and MRI’s can demonstrate the cause of your sciatic pain.  The Social Security Administration (SSA) relies on these types of objective tests to establish a disabling condition.  Most medical providers can order objective testing to help determine the cause of your symptoms.  An abundance of medical treatment is needed to prove to the SSA how severe your disabling condition is.  Common treatment types can include pain management, injections, or physical therapy.  Without these types of medical documentation, it can be hard to support your allegations of pain; relying on the SSA to send you to one of their exams is usually not enough.  It is important for you to tell your medical providers how you experience sciatic pain and the limitations it causes you. Many of my clients with back impairments experience negative effects on their daily lives.  They describe pain with standing, walking, and sitting. These limitations can impact a person’s ability to do many job tasks.  In addition to preventing a worker’s postural movements like reaching or bending, pain can make it hard to concentrate or complete your duties.  Some of my clients even require an assistive device like a cane or walker in order to relieve their pain while they stand or walk.  This can cause difficulty in jobs that require an employee to stand and walk around … Continued

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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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November 25, 2016

Should I Bring a Cane To My Social Security Disability Hearing?

Many of my clients need an assistive device to get around more easily. The need for a cane, crutches, walker, or wheelchair may be necessary to walk even the shortest of distances.  Asking if you need to bring one of these items to your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing should not even be a question.  You either need this type of assistance or you do not.  The inability to ambulate effectively is necessary to fulfill a wide variety of jobs above the sedentary (Sitting) exertional level.  The need for such an item can erode the job base and can enhance your chances of winning your claim. Is it good enough just to go pick up a cane at the local pharmacy without a prescription or maybe borrow one from a relative? Many Administrative Law Judges (ALJ’s) will require you to have a prescription for an assistive device from your treating physician in order to recognize it as being medically necessary.  Many judges will not acknowledge the need for a cane without a physician stating it is necessary even though you may have been using it for years.  Documentation from treating sources can be key in a successful Social Security disability claim. Any medical source statements showing your inability to stand or walk for any extended duration may also convince the SSA that you are unable to perform certain types of occupations. As you age, and at the same time, have never engaged in or acquired transferable skills to a sitting occupation the SSA may find you disabled pertaining to medical vocational guidelines they use to make a finding of disability.  In Social Security’s world you inability to walk and stand can be a major factor in a finding of disability. In summary, this blog … 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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