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January 29, 2018

A Few Quick Thoughts About Social Security Disability

I represent hundreds of clients every year in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims and there are things that I take for granted people know.  However, since they don’t do this every day, they simply do not.  In this blog I’ll share some things that I believe should be mentioned. Apply right away. What are you waiting for?  File an application the first day you are unable to work full time.  Sure, there may be technical and medical reasons why you do not qualify, but the application is free.  If you do not have an attorney to explain these medical and technical reasons to you, let the Social Security Administration (SSA) explain them.  I have seen clients wait too long to file an application and find themselves having a harder time because their disability insurance had expired.  Also, it is important to note that SSI payments can only be paid retroactively from your date of application. File your appeals timely! Most appeals only allow for 60 days plus a short grace period for mailing time.  You do not want to have to start over from the beginning, so get the Request for Reconsideration or Request for Hearing completed quickly. If you can afford it, see your doctors. Most Social Security disability cases are won through medical records.  Objective tests, progress notes, and physician statements can be crucial in proving you qualify for the benefits you need to support you and your family. When you go to your hearing, strive to ensure your medical record is up to date. If you do not have an attorney, do not count on the SSA to get your medical records.  Why would you?  Up to this point, they have continually denied your claim.  There is no one that has … Continued

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December 29, 2017

How Long Do I Have to Be Disabled to Get Social Security Disability Payments?

Because the Social Security Administration (SSA) does not have a “short term” disability provision, you must meet certain durational requirements to qualify for disability payments.  The SSA requires that your severe impairment has lasted or is expected to last at least twelve months.  While this may seem pretty straight forward, it is a common reason for denying claims for Social Security Disability Insurance (SSDI) and/or supplemental Security Income (SSI) benefits. It can be very difficult to determine if you are going to recover from your physical or mental impairments.  If the SSA denies your claim because they think you will get better within twelve months, they are making an educated guess based on the type, severity, and medical treatment you are receiving.  Many of my clients that have been denied for this reason on the initial application find themselves with a favorable decision from an Administrative Law Judge (ALJ) later down the road. So, do you have to wait twelve months before you apply for disability benefits?  I believe you should apply for benefits the day you are unable to work.  For disability cases, the alleged onset date and application date are important for determining how much backpay you may be entitled to receive.  There are restrictions on how far back the SSA can go from your application date for benefits, so I encourage my clients to file their claim as soon as they stop earning Substantial Gainful Activity (GAS) amounts.  For SSI applicants, the SSA can only pay benefits from the date of application, so it is very important to file the application as soon as possible to ensure full benefit amounts for backpay purposes. I don’t believe I’ve had a claimant that did not want to get better.  Just because the SSA says they believe your condition will … Continued

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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

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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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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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July 17, 2015

If My Initial Application For Social Security Disability Benefits is Denied, Should I Reapply?

Should you appeal your initial application denial or reapply if you are denied disability benefits?  If the Social Security Administration (SSA) states your disability is not severe enough to receive benefits, appealing the decision is usually the right move.  Many individuals believe that by simply reapplying the SSA may approve their new application, but statistically this is not accurate.  In my experience, it is in your best interest to appeal the initial denial. After your initial application is denied you have sixty (60) days to file a Request for Reconsideration.  Many individuals refer to this as an appeal.  The Request for Reconsideration is basically saying to the SSA that they made a mistake and need to take another look at your claim.  When you file your reconsideration, the SSA should also gather any new evidence for your claim as well.  If you submit the appeal on your own, you should include the updated information when prompted.  If an attorney or representative completes your appeal for you, they should be in touch with you for updated information. Unfortunately, the majority of these requests are also denied.  Once again you will have sixty (60) days to file an appeal and request a hearing in front of an Administrative Law Judge (ALJ).  Some statistics have shown you odds of winning your claim will increase at this stage. The majority of successful disability claims ultimately end up in front of an ALJ.  An administrative Law Judge is not bound by prior decisions by the SSA and is supposed to take a fresh look at your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim. In my experience as a Social Security Disability attorney it is very important to appeal your denied claim within the time limits set forth by the SSA.  It is also … Continued

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April 25, 2013

Filing Your Initial Social Security Disability Application

I receive numerous telephone calls from my Indiana neighbors asking how to file an initial Social Security disability application. I typically recommend that they start the application process on their own, because most of the initial application involves providing information to the Social Security Administration (SSA) that only the claimant will know.  It is usually easier to provide that information directly to the SSA rather than to go through an intermediary. There are essentially three ways to file an initial claim: Visit your local Social Security office.  If you want to talk face to face with someone when you file your claim, this is your best option.  One advantage to applying in person is that you can get answers to any questions you may have, and having a Social Security employee assist you with your application should help to ensure you are providing all of the information the SSA wants.  On the other hand, if you go to the office without an appointment you may have to take a number and wait for a long time before finally being able to talk to a Social Security employee. Call the toll free number.  By calling 1-800-772-1213, you can talk to a Social Security employee who can answer your questions.  Most likely, the employee will make an appointment for you to either visit your local office or complete a telephone interview to start the application process. Visit the Social Security’s website at www.ssa.gov.  If you are comfortable using a computer, this is by far the most convenient option.  At Social Security’s website, you can complete your application online without having to make an appointment or spend time waiting at the local office.  The website takes you step by step through the application form and the Adult Disability Report.  Once you have completed all the steps, the website will instruct you to print some pages and mail them to … Continued

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