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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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May 22, 2018

When Does Your Eligibility For Social Security Disability Insurance End?

Many of my clients ask questions about their eligibility for Social Security Disability Insurance (SSDI).  Like many other insurance programs, there is a date when your coverage expires, and you must prove to the provider (in this case, Social Security) that the claim occurred before the insurance has ended.  With SSDI, that date is based on your work history and can be in either the past or the future.  This is known as your Date Last Insured (DLI). Your DLI is established by working over a period of time. A general rule of thumb is that you must have worked at least 5 of the last 10 years (20 of the last 40 quarters) in order to have a DLI that has not yet expired.  You must be contributing to Social Security through FICA taxes during these quarters to be eligible.  The specific number of credits needed varies by your age.  If you would like to find out your DLI, you can contact Social Security directly. Many of my clients ask me why their DLI is important.  In my experience, cases are won or lost based on how much time has occurred since the DLI has expired.  A DLI in the past (known as a “remote” DLI) can make a claim difficult to win because the Social Security Administration (SSA) may only consider evidence of medical treatment prior to that date.  Even if your condition worsens after the DLI passes, Social Security may not find you disabled.  If you are diagnosed with a new condition after the DLI passes, Social Security will not consider it as part of your SSDI claim. Therefore, I recommend that anyone seeking Social Security Disability apply for benefits as soon as they believe they are unable to work due to medical conditions.  Too often, I’ve … Continued

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