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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

Filed under: Appeals Process || Tagged under:
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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.

Filed under: Medical Treatment, Personal || Tagged under:
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February 24, 2016

Social Security Disability for Breast Cancer

While many people fully recover and are able to return to work after being diagnosed with breast cancer, some do not.  Unfortunately, for some people, the treatments and procedures do not work, or they not work well enough to allow the patient to return to her previous level of functioning.  The Social Security Administration (SSA) recognizes breast cancer and other types of cancers as disabling conditions. Even though a breast cancer diagnosis can be scary and life-altering, in my Indianapolis Social Security Disability practice I see many of these types of claims denied.  Here are a few common reasons Social Security gives for denying breast cancer claims: Your condition has not lasted, or is not expected to last, twelve months or longer.  Often, the Social Security reviewers will review your diagnosis and medical records, see that you are receiving treatment, and conclude that you will improve enough to return to work within twelve months from the date you were diagnosed.  If that turns out to be the case, then you will not be eligible for Social Security Disability or Supplemental Security Income benefits, no matter how severely you were disabled during the months you were receiving treatment.  However, for many people, treatment extends beyond twelve months or leaves them with residual symptoms that do not improve, even if the cancer goes into remission.  For example, some of my clients acquire neuropathy in their arms from the effects of chemotherapy, and others have painful scarring that prevents them from being able to use their arms the way they used to.  Therefore, even if Social Security denies your claim because you are expected to get better, it is a good idea to appeal that denial to keep your claim going in case your recovery does not go as well as expected. Your … Continued

Filed under: Evaluation Process, Qualifying Disabilities and Impairments, Social Security Disability Benefits || Tagged under:
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December 24, 2014

Time Constraints on Appealing Your Indiana Social Security Disability Case

All too often, people call me for help in appealing their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims, only to find out they have waited too long.  If Social Security denies your claim for Social Security disability benefits, you have sixty days to appeal that decision.  (Actually, Social Security allows five extra days for mailing time, so you have a total of sixty-five days from the date of your denial letter.)  If you have not submitted the appropriate forms before the deadline, Social Security will very likely dismiss your claim.  If that happens, you will probably have to start all over with another initial application. There can be times when the Social Security Administration (SSA) will accept an appeal filed after the deadline, but they will only do so if there is “good cause” for the late filing.  If you forgot the deadline, lost the paperwork, or just didn’t get the forms filled out on time, Social Security probably will not find that you have good cause.  On the other hand, if you were hospitalized, had a death in your immediate family, or never received the denial letter because Social Security sent it to the wrong address, there is a good chance that the SSA will accept your late filing.  Social Security makes a decision about good cause on a case-by-case basis.  The best thing to do is to file the appeal as soon as possible after you receive the denial. How can you make sure you don’t miss Social Security’s filing deadlines?  Here are some tips: Keep your Social Security office informed about changes in your address and/or telephone number. Follow up with Social Security regarding your claim.  In my office, we follow up about once a month during the initial application and reconsideration stages … Continued

Filed under: Appeals Process, Claims Process, Evaluation Process, Hearings Process || Tagged under:
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October 25, 2011

Time Limits When Appealing Your Indiana Social Security Disability Claim

When Indianapolis disability attorney Scott Lewis finds out someone has been denied their Social Security disability benefits, one of the first things he asks them is what is the date on their denial letter.  The date on denial letters received from the Social Security Administration (SSA) can play an important part in the processing of a Social Security disability appeal.  This may be the difference between a valid ongoing disability claim and a claim that needs to be refiled in order to pursue your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If you find that you have been denied it is important to note the date of the denial letter.  You have sixty (60) days to file a “Request for Reconsideration” or “Request for a Hearing in front of an Administrative Law Judge”.  The Social Security Administration does allow additional days for mailing.  If you are unable to make this important deadline, the Social Security Administration may allow a late submission or untimely filing if you have a valid reason for turning the required paperwork in late.  Attorney Scott Lewis advises his client not to count on an untimely filing to be accepted, and as long as the Indiana Social Security disability process can take there is usually no benefits to drag your feet when appealing a denial. Indianapolis disability appeals attorney Scott D. Lewis attempts to keep his Indiana Social Security disability clients aware of how important it is to stay on top of important dates and time constraints. Mr. Lewis encourages his clients to call his office to make sure the appropriate paperwork has been received through the mail.  Mr. Lewis knows how important your disability claim is to you and your family when resources are scarce and bills are piling up.  If you or someone you know is … Continued

Filed under: Social Security Disability Benefits Claims Process || Tagged under:
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September 27, 2011

How Long is the Wait for a Social Security Disability Benefits Hearing?

In the past couple of years, the Social Security Administration (SSA) had high hopes to improve the wait time for disabled individuals to get a hearing in front of an Administrative Law Judge (ALJ).  Because there was such a large number of backlogged disability appeals waiting to get a hearing date, the SSA’s proposed goal was to improve the Social Security appeals system by hiring more ALJ’s to hear cases, add more hearing centers, and implement technologies that would make it easier to process more hearings across the nation. With these intended plans, the SSA did not foresee the significant budget cuts that would later disrupt these proposed plans. Unfortunately, the backlog of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) appeals has not decreased; as a matter of fact, it appears that the number of disability appeals has grown since this initial plan. In 2011, a study shows that a lack of resources, combined with an increased number of SSDI and SSI claims filed, may be having an impact on the wait time for a hearing. Statistically, the study showed that the number of appeals nationally still pending in the current year was 735,660.  In the 2010 fiscal year, the number of individuals waiting for a hearing was 705,367.  As you can see, there is a significant increase in applicants waiting for a hearing from last year. Although there is an increase in the number of backlogged cases, the average wait period for an individual to get in front of an ALJ has decreased from 514 days in 2008 to 369 days in 2010. So regardless, the SSA has been able to improve the wait period from 2008 to 2010. Unfortunately it is very difficult for a disabled individual to get a hearing scheduled faster than other disabled individuals.  Although, there may be measures that a disability claimant can take in order to increase their chances of being approved for benefits … Continued

Filed under: Appeals Process, Hearings Process || Tagged under:
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September 21, 2011

Why Does It Take So Long To Receive A Decision After Your Social Security Disability Hearing?

Indiana disability claimants who have endured a lengthy wait for their disability hearing should not be surprised to find themselves staring at their mailbox waiting for a decision to arrive.  Indianapolis Social Security disability attorney Scott Lewis receives many calls from his clients asking why it takes so long to find out whether or not they have won or lost their Social Security disability appeal.  Mr. Lewis understands it can be a frustrating wait when the bills are due and families are having a difficult time putting food on their tables. There is always a possibility there is still work to do on your Social Security disability claim after you leave the courtroom.  Perhaps the Administrative Law Judge (ALJ) is not through reviewing your case.  All Judges conduct hearings differently and some take testimony first and then look deeper into the medical documentation to make a decision.  If there were no experts at your hearing, the Judge may want to ask questions regarding employment to a vocational expert after the hearing has concluded. On the other hand, some Administrative Law Judges have made a decision during the hearing or as soon as you walked out the door. There can be other reasons for a lengthy wait. It may be a problem of too much workload put on Administrative Law Judges and their staff.  Considering the large number of claims that are backlogging the hearing offices, it would not be too far fetched to think they are having a difficult time keeping up.  Indianapolis disability lawyer Scott Lewis deals with numerous hearing offices and has noticed some offices are simply slower than others.  With that being said, there are certain judges that seem to work at break neck speed to get decisions out.  It is important to remember though that the … Continued

Filed under: Hearings Process || Tagged under:
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