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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 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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