If you are thinking that you need to file for Social Security Disability, We suggest that you file sooner rather than later. It is obvious that you cannot qualify for Disability Benefits if you do not apply. However, what most folks do not know is the time it takes for the claim to work through the system. Your initial application for Social Security Disability Benefits generally takes between 100 and 120 days to be processed. In this time, the Social Security Administration will gather your medical records, and likely ask you to see a doctor of their choosing, as well as fill out additional paperwork about your past work activities and your daily activities. If you are turned down on your initial application, you have 60 days from the date you are denied to files your Request for Reconsideration. Again, it generally takes anywhere from 100 to 120 days to process this request. If you are turned down on the Request for Reconsideration, you have 60 days to file your Request for Hearing Before Administrative Law Judge. This portion of the application takes longer to process. In Indianapolis, it used to take as many as 24 months to get a hearing. However, thanks to diligence in the Office of Adjudication and Disability Review, that wait is down to between 10 and 14 months. Still this is a long time.
If you need help fining your application, we can help. If you have filed your application and have been turned down, call me. I have 23 years of experience with Social Security claims, covering hundreds upon hundreds of claims and hearings.
If you are entitled to Title II Social Security Disability Income, then two years after the date you became disabled, you are entitled to Medicare. If you are not entitled to Title Two Disability, and you are eligible for Title XVI Supplemental Security Income, then you may be eligible for Medicare. It depends on how much money you contributed to the Medicare trust fund, through taxation. If you have never worked, then you are ineligible for Medicare.
So, if you are not eligible for Medicare, what are your options? Most people who are eligible to receive funds from the SSI program are eligible for Medicaid. So what is the difference. The two programs, Medicare and Medicaid are two distinct medical insurance programs. They are operated by distinct government offices. Medicare is a strictly federal program and is based on your contributions during your working life. Medicaid is a State run program. It consists mainly of federal dollars, with some contribution by the State. It is a need based program. This means that if you fall below a predetermined income level, and asset level, you are likely eligible for Medicaid. There are several restrictions on Medicaid, as there are in cases involving SSI. One such restriction is the amount of assets you are allowed to have. This is a very low number, and if your assets are above this number, you will have to spend these assets down prior to your eligibility for Medicaid.
I have been representing Hoosiers who are applying for Social Security Disability Benefits for 24 years. I have significant experience with the rules and regulations governing eligibility. I have been to hundreds of Hearing before Administrative Law Judge with my clients. I know the medicine and I know the rules. If you require help with your Social Security Disability Claim, give me a call.
As Indiana’s Social Security Lawyer, I am often asked how to file for social security benefits. There are three ways an application may be filed. They are, in no particular order, Online at www.ssa.gov, in person at your local social security office, or an over the phone interview. Regardless of which method you choose, a little preparation will make the process a little easier for everyone. This preparation will also increase your chances of being successful in your application.
I advise my clients to make four lists. The first list is a list of your health care providers with name, address, and telephone number. As we have discussed in the past, the Social Security Administration requires documentation of your disability. This documentation is necessarily medical documentation. Therefore, having your health care providers at your finger tips will make the application process easier and will increase your chances of earning a favorable decision earlier. The next list is a list of your medications, what they are prescribed to treat and what side effects you have as a result of the medications. Side effects from certain medications can be as disabling as the disease they are intended to treat, so be complete in listing the side effects. Third list is a list of your employers for the last 15 years with addresses, and telephone numbers. This list should include a short description of the physical requirements of your job, like how much you had to lift, how much you had to walk, sit and stand. The final list is a list of the injuries, illnesses or diseases which you contend cause you to be disabled.
Of course there is other information you must provide, but having these lists will be of great help to you. Good Luck.
Normally when we talk about brain injury, we talk about it in the context of serious personal injury from, for example, drunk driving accidents, large truck accident, construction accident and highway accidents. I want to talk today about brain injury in the context of the Social Security Administration’s guidelines for disability. You will remember from our previous discussions that there are two sets of rules used to determine whether a person is entitled to disability benefits; The Listings and The Medical Vocational Guidelines (The Grids). The listing specifically contains a listing for Brain Injury. It is in the Neurological section, Listing 11.18, Cerebral Trauma. As we also know medical documentation is crucial to establishing eligibility for disability. For brain injury, medical documentation of the acute phase (early on in the recovery) is usually easy to provide. However, ongoing evidence of treatment in the post acute phase of recovery is also essential.
This next part is for my readers who treat brain injury. You can be of great assistance to your patient if, when you are asked to provide a report documenting your opinions about the patient’s ability to work, you write the report to include references to the medical record that support your opinions and conclusions. Unsupported opinions carry little weight with the Social Security Administration. Even if your opinions are dead on accurate, if they are not supported by corresponding references to the record, you might as well have not taken the time to write the report. Please take your time when you write that report. An accurate report to the SSA is very important to your patient’s well being.
Brain injury which causes severe neurological affect, i.e. paralysis, dysphasia, severe executive dysfunction, etc are fairly straight forward in terms of proof. It is the brain injury which has responded well to treatment, but still leaves the survivor with subtle issues such as fatigue, short term memory loss and the need for increased completions times. These survivors also face the well known prejudice, “They look okay, they must be okay”. For these survivors, the report may well be the most important piece of evidence. I also suggest letters from failed work attempt employers and or failed class teachers. Many times survivor’s recoveries are significant, and relative to their immediate post injury condition, the patient is doing very well. This, however, does not always mean the patient is back to their pre injury function or that they can return to employment. So, doctors, you must explain in your reports that although the patient has improved significantly, that does not mean they are employable in a competitive job. You must point out why this is using references to your medical records. Otherwise it is too easy for the SSA to say, well they look good and the doc says they are much improved, they must be able to work.
The Social Security Administration requires that a claimant supply medical information to support the claim for Social Security Disability Payments and Supplemental Security Payments. This means that if you have a disabling condition, but you have not sought medical treatment, or the medical testing does not demonstrate a medical condition which would likely be causing the disabling condition, your chances of obtaining Disability benefits are markedly reduced. This poses a very difficult problem for those who are uninsured and have little or no funds to pay for medical treatment. Fortunately Medicaid is available to help obtain medical care. In Marion County Wishard Hospital offers care for the poor. Unfortunately the Medicaid program is overburdened as is the Wishard facility. This causes delay in obtaining medical care, and thus cause delay in obtaining medical evidence which will support a disability claim.
If you are fortunate enough to have insurance and have medical documentation of a disabling condition, the medical records alone may not be enough to prove your claim. In the case of chronic pain, or a brain injury, or chronic fatigue, often times the effect of the condition on the body is more severe than conventional testing can detect. In the case of pain, there is generally no objective test to support the claim. Thus the Administrative Law Judge will be forced to make a decision about whether he/she finds the claimant’s complaints “Credible”. The first step in this process is to determine whether the claimant has proof of a medically determinable impairment. The next step is to determine what symptoms, including pain, the impairment(s) is likely to produce. The third step is to determine what limitations the impairment(s) is likely to produce in terms of ability to lift, walk, sit, and stand. The next step is to obtain information from the claimant, in the form of testimony y, doctors records and test results. The ALJ compares the medical report information with the claimant’s testimony to see if they are consistent. If they are consistent, your credibility goes up. If they are inconsistent your credibility goes down. Being given less than full credibility can result in you being denied your benefits. The lesson here is to be fully honest with your doctors and the Administration. In that case, your credibility will likely go up and improve your chances of obtaining your disability benefits.
As your Indianapolis Social Security Lawyer, with more than 23 years of experience representing claimants before the Social Security Administration, I am always asked, “Do I need a lawyer to file my initial claim?” My answer is probably considered a typical lawyer answer, and that is it depends. If you are confident in dealing with bureaucrats, or are handy on the computer, and have reasonably good organizational skills then I would say you probably do need a lawyer for the initial application. If you are a little skittish, have memory problems or organizational issues, then it may be a good idea to have help at this phase.
There are a few ways to apply. In no particular order, you can apply online, over the phone or through an in person interview. If you require the assistance of a lawyer in applying I would assist you in applying on line. The Social Security Administration website is easy to use and helpful. You can access the site at www.ssa.gov. On the first screen there is a pull down tab for your application. Click on this tab and away you go. If you go to your local SSA office, you will apply in person. These folks are generally helpful and take some of the worry out of the application process. The down side is that you have to leave your home and the lines at these locations can be problematic.
No matter what method you choose to use, a few preparations will make the process less stressful. Make four lists. 1. List of medical care providers with addresses. 2. List of Medications with side effects. 3. List of all illnesses, injuries or diseases which cause you to be disabled, and finally, a list of your employers for the last 15 years. This is essential information that might escape you at the time of application.
If you have any questions, or help call John P. Young at 888-639-5161 or email Mr. Young at john@youngandyoungin.com.
Did you know that the Social Security Administration not only allows a person to work while their application for benefits is pending, but encourages it? As a starting point, the Social Security Administration prefers that people work instead of receiving disability benefits. A working person contributes taxes, supports their families and helps the economy. A working person, statistically, will also live longer than a person receiving disability. This is not to say that the SSA begrudges anyone who is disabled receiving their due, but as an economic choice, it is better to have people working.
So, the Social Security Administration rules and regulations allow for trial work periods. If you apply for benefits, you may try to reenter the work force while your application is pending without prejudice to your application if you are unable to continue that work. The rules are contained in the Code of Federal Regulations, 20 CFR Sec. 1592. Under this provision, if you are unable to work for nine consecutive months, then this work will not be evidence that you are able to work. If you work more than 9 consecutive months then the work will be considered in making the disability decision. It is my experience that Administrative Law Judges look favorably on those with failed work attempts, especially in those cases where the judge’s discretion is key to the case. What I mean is if your claim is a “close call”, a failed work attempt may serve to increase the claimant’s credibility and give them the benefit of the doubt.
If you have a claim pending, are not currently represented, and have a question about attempting to work while your application is pending, please give a call. I may be able to answer your question quickly, and give you a little peace of mind.
Most of my readers already know that they may opt to elect early Social Security Retirement benefits at age 62. Under this program, people who make the election to accept Early Retirement benefits receive a reduced amount of monthly benefit (as opposed to waiting until age 65, 67, or 70) in exchange for receiving a guaranteed amount now. However, most people do not know that if they become disabled at this time in their life they may apply for both Early Retirement and Social Security Disabilityat the same time. You may wonder why anyone would make such a choice, after all isn’t it easier to elect for early retirement and not have to worry about the disability process? While it is easier, it may not be in your best financial interests.
Lets use hard numbers as an example of what I am talking about. Assume that Jane Doe is entitled to $1,500.00 dollars per month in retirement benefits if she waits until her 65th birthday to retire. Lets also assume that if she takes early retirement, her benefits will be $1,200.00 dollars per month. Let’s say Jane becomes disabled on her 62nd birthday. Should she file for early Retirement, Disability or Both? The answer is both. If she applies for Early Retirement, she will start receiving her monthly benefit immediately so she will have a guaranteed $1,200.00 dollars a month she can depend on. Usually, it takes some time for the disability process to conclude that the applicant is disabled. However, when the disability is finally approved, Jane will be entitled to her full monthly benefit of $1,500.00. So what happens to those months where Jane received only $1,200.00 dollars while she was receiving Early Retirement? She will receive, in a lump sum payment, the $300.00 dollars per month she should have received, but did not because her disability application was pending. Note however, that the first five months of disability payments are eliminated (The rules require that benefits start only in the 6th month after the onset of disability). So for those five months Jane will not receive the additional $300.00.
So now you know that if, a loved one or friend is applying for Social Security, they are between 62 and 65 and they are disabled, they should apply for both Social Security Early Retirement Benefits and Social Security Disability Benefits.
Since 1954, the lawyers at Young & Young have been representing Hoosiers who have become disabled as a result of serious personal injury. Our lawyers know that spinal cord injuries, brain injuries, burns, herniated discs and other serious personal injury can prevent the wage earner of a family from earning the money it takes to feed, clothe and educate children. That is why, back in the 1980’s we decided it was important to read the Social Security Rules and Regulations so that we could assist disabled Hoosiers, from all over the State of Indiana, in obtaining their Social Security Disability Benefits. One of the most common questions we hear, from Hoosiers who have become disabled as the result of accidents including drunk driving accidents, truck accidents and all other types of accidents, is “Will a settlement or judgment in my personal injury claim prevent me from getting Social Security Disability?”
No, a settlement or judgment from your personal injury claim will have no impact on your Title II Disability claim. There is a chance that your serious personal injury settlement may impact your Medicare benefits. Each case is unique, so it is impossible to say in what instances your Medicare will be affected by your personal injury settlement, but when we represent you in your claim for compensation from a serious personal injury claim, we will also work closely with you on your social Security Disability claim, and Medicare claim to ensure your rights are protected.
As a Social Security Disability Attorney, representing Social Security Disability claimants from all over the State of Indiana from our Indianapolis offices, I am often asked why a Hoosier is not entitled to Social Security if they have not worked enough in the past ten years. This statement is always true but sometimes it may not be true. The key to this mystery is that there are two different types of Social Security for people who are disabled. The first type of Social Security is Title II Disability, sometimes referred to as SSDI. I do not like to refer to it as SSI because it can too easily be confused with SSI, which we will discuss in just a moment. The rules and regulations governing Title II Disability can be found in 20 CFR Part 404. CFR stands for Code of Federal Regulations. As part of this set of regulations, there can be found the requirement, that to be eligible for Title II Disability, the claimant must be have a disability that prevents them from working and is expected to last at least 12 months, AND the claimant must have worked for 20 out of the last 40 quarters. See 20 CFR Part 404.140 through 20 CFR Part 404.146. A quarter is one quarter of a year, so essentially you must have worked 5 out of the ten years immediately prior to the start of your disability to be eligible for Title II Disability.
The other type of disability, for those who are disabled, whose disability is expected to last more than a year AND have not worked 20 out of the last 40 quarters, is Title XVI Supplemental Security Income (SSI). The rules and regulations governing Title XVI SSI are found at 20 CFR Part 416. There are two essential differences between Title II and Tile XV!. The first is that the benefits payable under Title II Disability are based on your earnings history and are generally higher than those for Title XVI. The second is that there are quite a few restrictions and exclusions attached to Tile XVI SSI which are not attached to Title II Disability. A few examples of these differences include: If you are married, and your spouse is earning a substantial wage, your benefits for SSI are likely to be reduced to nothing, where as your spouse’s income is not counted at all against your Title II Disability payment. Another example is that if you are receiving SSI and someone pays your rent and for your food, those payments will reduce the amount of SSI payment you receive. However, with Title II Disability benefits will not decrease if someone else is paying your rent and food bills
Tip of the Day: If in doubt, when filing for benefits, file for both Title II Disability and Title XVI Supplemental Security Income. There is no penalty for doing so, and this will insure you receive the maximum benefits to which you are entitled.
As your Indiana Social Security Disability Lawyers, operating out of our Indianapolis offices, we pride ourselves on courteous, friendly service. That is why you will always be working with an attorney through every step of the process. I often receive questions about whether a claimant needs an attorney in the application process, and what happens if you are turned down on the first application. Well, here is a short hand version of my standard answer. Of course every situation is different, so if you have a specific question give us a call.
To file an application you can do it on line. Go to www.ssa.gov. Be careful, there are copy cat sites, so type in this address carefully (You can right click on the blue address and then paste it into the address bar on your browser.) Or if you are not computer savvy, go to your local office. Either way I recommend you have 4 lists ready and with you. 1. Your medical providers with addresses; 2. Your medications with side effects, 3. Your jobs for the last 15 years including what you did physically at the job such as I sat most of the time or I walked most of the time, I lifted so many pounds frequently, etc, and 4, A complete list of your disabling conditions. I cannot stress enough that this list must be complete. When this is complete you may be, later, asked to see a doctor of the Administrations choosing. Make sure you get to that appointment. The whole process takes about 3-4 months. If you are turned down on your application. Do not despair, most people are turned down. Call me and we will do the following.
First we will file a Request for Reconsideration for you. The process after the filing of the Req. For Recon. is loosely as follows. All additional records are obtained by the social security administration. They may ask you to see another of their doctors, but that is not common. I will have access to your efile within 10 days of mailing in my Appointment of Rep. form. I will assess the file to see if we should ask for a determination on the record. Such a determination is usually performed by an attorney working for the Administration. They have a little bit more discretion than other SSA employees but not as much as a judge. The whole process takes three to four months. If you are denied at this level, then we file the request for Hearing before Administrative Law Judge and essentially follow the same process just described. It is important to keep me informed of any changes in your medical condition so that we may obtain any additional records.
There are as many different issues as there are claimants, so I cannot answer every question in this short paragraph. I am always happy to speak with you on the phone.
Most people do not know it, but there are several different types of benefits under the Social Security umbrella. We as your Indiana Social Security Attorneys are fully aware. The over arching list includes Old Age and Retirement benefits, widows benefits and disability benefits. Of the disability benefits there are two different benefits. The first is Title II Disability, often referred to as SSDI, and the second is Title XVI Supplemental Security Income, also known as SSI. There are similarities between the two. The most important of which is that each use the same criteria to determine whether you are disabled. The difference between the two is mostly economic. The economic requirement for Title II disability is that you have worked 20 out of the 40 quarters prior to your date of disability onset and you have paid either your FICA tax, or your self employment tax. If you meet this criteria, and you are disabled, then you are entitled to Title II. Title II Disability is the better program for disabled people in that there are much fewer restrictions and offsets than are associated with SSI. With SSI, any support you receive from any person is counted as income. This includes the value of the room and board provided by any other person. If you are married, and your spouse works, their income is counted as income to you and reduces your monthly SSI benefits. If the support you receive in the form of room and board, or your spouse’s income is high enough, your SSI benefit may well be reduced to zero.
If you have a question about which benefit to which you may be entitled, contact us.
I have been representing Hoosiers in their claims for Social Security Disability Benefits for more than 23 years. Over that time I have run into several people who have rare diseases that cause them to be disabled. These diseases are just as problematic as the diseases we all know about such as cancer, so why do they cause issues when you have a claim for disability benefits? The answer is in the regulations of the Social Security Administration. The first question asked is the claimant working. If the answer is no, the next question is does the claimant have a severe medical impairment. The third step is whether the impairment meets a listing. The fourth step is if the impairment does not meet a listing the Social Security Administration determines the claimants residual functional capacity ( a fancy way of saying what the body can still do despite its impairments). Finally, the fifth step is to determine whether there are any jobs in the national economy the claimant can still do despite the impairment. The precise cite to the controlling law is 20 C.F.R. Sec. 404.1520. (CFR stands for Code of Federal Regulations).
I want to talk about the second step. I know you are asking yourself what are these impairments. Well, the answer is again in the regulations. The Social Security Administration, with the help of medical experts, has created a list of medical conditions that they call impairments. We call them the listings, for short. They are a list of injuries, illnesses and diseases. If the claimant has one of these injuries illnesses or diseases, AND the symptoms are severe enough, the claimant will be found to be disabled. The exact cite for the Lists is 20 CFR 404, Subpart P. Appendix 1. The general categories for the listings are Musculoskeletal, Special Senses and speech, Cardiovascular, Digestive, Genitourinary, Hematological, Skin, Endocrine, Multiple Body Systems, Neurological, Mental, Cancer, Immune system. As you might guess, the listing include the more common problems. So what Happens when you have one of the rarer diseases that is not listed in the Listings?
Again we have to look at the rules. In this case we have to look specifically at 20 CFR Sec. 404.1526, Medical Equivalence. If your impairment is medically equivalent to a listed disease in severity and duration. You will be found to be disabled. The SSA uses 3 ways to determine medical equivalence. This is a rather complicated process that requires consideration of the rules and your medical records. If you find that you have a disease, and it is not a common problem, give me a call. I will sit down with you, look at your records and let you know what I think about whether your impairment is medically equivalent to the listings.
As Indiana’s Social Security Attorney, I must explain the basic differences between the two disability programs offered by the Social Security Administration. Most people I talk to tell me they applied for SSI and need help with their case. In most instances, people use the term SSI as a catch all phrase. What they really mean is that they applied for both Title II Disability and Title XVI Supplemental Security Income. The difference between the two is huge and Title II Disability is the better program. A worker becomes eligible for title II Disability by working and paying their FICA Tax. This tax is kind of like a premium you pay for Insurance. When you have worked for five years and paid the FICA tax, you become eligible for Title II Disability. The worker will remain eligible for the Title II benefits as long as they continue to work and pay the FICA tax. In fact the worker will remain insured for the five years after they stop working. The worker will be eligible for Medicare two years after they become disabled.
Title XVI SSI, on the other hand, is for those who have not worked or paid enough into the FICA tax fund. This would include those persons who have not worked because they become disabled at a young age and have not yet had an opportunity to earn money. Some basic differences between SSI and Title II Disability is that one is entitled to more money under Title II and there are restrictions that apply to SSI that do not apply to Title II. One example of these restrictions is if you are living with someone who is paying all the bills and supporting you, the amount of that support will decrease the amount of benefits the SSI recipient will receive. It is because of these restrictions, and the lower benefits that if you qualify for Title II you should apply for it.
So, How does a young person become eligible for Tile II based on their parent’s earning history? We must look to 20 C.F.R. Section 404.350. CFR stands for Code of Federal Regulations. This section tells us that you are eligible for benefits, based on your parents earning history, if you are the earners child, you are dependent on the earner, you apply, you are unmarried, you are under 18 or if you are older than 18 your disability started before you became 22, and your parent is either receiving disability, is entitle to Old Age Benefits, or is deceased. If this criteria applies to you, make sure you apply for child benefits based on your parents earning history.
Just the other day, I had a hearing before the Social Security Administration on a client’s application fordisability benefits. As I always do, I asked my client to meet with me an hour before the hearing. I do this to make sure the client knows what is about to happen and feels comfortable. I also like to talk with the client about my review of their medical file. There is always some fact or question that needs to be checked. Well, in looking through this client’s file I found that the client had issues with alcohol. There were a couple of admissions to the hospital and some physical findings that suggested a heavy usage of alcohol. So, as you might imagine, I wanted to ask the client about these things. Of course the client had explanations for all my questions, but it was one of the things that she said that made me wonder what Americans know about Social Security Disability and how it is affected by the use of alcohol. The client said to me, “What is the big deal about drinking, I know a guy and he is on disability because he is an alcoholic”.
Well, let’s get this straight right now, although many years ago disability could be granted based on alcoholism, that has been changed. A person will be denied disability benefits if the sole basis for the application is because the person is an alcoholic. In fact, in most instances where the physical problems of the claimant are caused by alcohol abuse, i.e. liver damage, kidney failure, bleeding ulcers, esophageal stricture etc., if the person is continuing to drink and not seeking help, that person will be denied benefits. The basis of this position is that the old rules seemed to encourage alcoholism and discourage seeking treatment.
Now, if you have physical problems that were caused by alcohol abuse but you are no longer drinking and are in treatment, you may be granted benefits. Be aware, however, that the Administration will look carefully at the file to insure that the drinking that caused the problems is no longer taking place. If you are granted benefits, and start drinking again, you will eventually lose your claim to benefits, It may not be right away, but it will happen. If you are struggling with alcohol abuse, we encourage you to seek help. Only you can make the choice to live without alcohol, but once you have made that decision, there are many, many programs to help you on your journey.
In most instances the rule is in order to be entitled to Social Security Disability, the Worker must not be working. This rules bumps into the reality that workers who are no longer earning have no income, cannot pay their bills and lose everything before the Social Security Administration approves their application for benefits. There is a rule that allows a worker to work and earn money and still be eligible for Social Security Disability Benefits. The administration allows a disabled person to earn up to $940.00 dollars per month and still be eligible for disability benefits. The reason for this is simple. In order to be eligible for Social Security Disability Benefits, you must be disabled and not be engaged in substantial gainful employment. Substantial gainful employment is defined, in part by how much income is generated by the employment. The cut off is periodically adjusted for inflation, but the last time I checked that cut off for the income to be considered substantial gainful employment, that number was $940.00 dollars per month. This is a gross figure, not a net figure. This means that the most you can earn is $940.00, not $940.00 after taxes.
This can be the difference between having to sell everything you own, or losing your home to the tax sale and making it.
At Young and Young, we have been representing disabled Hoosiers in their application for disability benefits for decades. We are your Indiana Social Security Disability Lawyers. We know that approximately 80% of all initial applications for Social Security Disability Benefits are denied. This makes the appeals process the most important part of the application process. We have represented Hoosiers with brain injury, spinal cord injuries, paralysis, severe burns, degenerative arthritis, lupus, mental disabilities and all other types of disabilities in their pursuit of disability benefits. Every one of our Hoosier clients have told us that they did not want to file for benefits. They would rather be working. They tell us that they feel like they are admitting a fault by having to rely on disability. We know our clients would rather be working. We know that if they are disabled, and their medical records support that, then they have earned their right to their disability payments.
After you file your initial application, and you are turned down, the first appeal is called a Request for Reconsideration. This appeal is filed with the same Social Security branch office where you filed your initial application. If you filed your initial application on line, then it is likely that your Request for reconsideration will be filed in the Downtown Indianapolis Office, if you live in the central part of the State. This office is located at 575 N. Pennsylvania Street, in the Federal building. This is the first step where we recommend that your consult an attorney. There are several documents that you will be asked to sign. There will be many questions you will have about the process. An experienced attorney can answer your questions and allow you to relax. It generally takes the Indianapolis Office of Disability Adjudication and Review about 120 days to process this appeal.
If you are turned down on your Request for Reconsideration, you will have to file a second appeal called the Request for Hearing before Administrative Law Judge. This will require to appear before a Judge and possible medical or vocational experts, to give testimony to support your claim for benefits. Having a qualified lawyer, at this appeal, is , in our experience, essential. A lawyer will help you prepare for the questioning by the judge. The lawyer will insure that all your records have been properly presented to the judge and that all other evidence that supports your claim is also available. Since the vast majority of all claimants receive their benefits after a hearing, this is the most important step in the appeals process. The down side to this is that it can take as long as two years to get a hearing, and that is from the date your request the hearing, not the date on which you first applied for benefits.
If You are turned down by the ALJ, you must file the 3rd appeal to the Appeals Council in Falls Church VA. If you are turned down by the Appeals Council, you may appeal to the Federal district Court. If you are turned down by the Federal District Court, you may appeal to the District Court of Appeals.
At Young and Young, we stand ready to assist you with your Social Security Disability Appeal.
When you apply for Social Security Disability Benefits it is important to know what rules and regulations the Social Security Administration will use to determine whether you are disabled. It is also important to know that unless you can provide medical documentation of your disability, your chances of obtaining benefits are almost nonexistent. The Social Security Administration will collect all your medical records. They will ask you and loved ones to supply written statements about your disability and your activities of daily living. They will ask you to see a doctor or doctors they have contracts with to determine the extent of your disabilities.
Once they have this information the Social Security Administration will look to their rules and regulations to determine if the disability you are able to document meets a Listing of Impairment. The listing of Impairments is exactly what it sounds like. It is a list of injuries, illnesses and/or problems. If you have one of the listed disabilities, and it is severe enough, then you will be found to be disabled. The “severe enough” part of the equation is just as important as the “do you have a listed disability” part. Let’s take an example, diabetes. Diabetes is a disease that affects different people differently . Some peoples high blood sugar can be controlled by diet and exercise. If this fails, some peoples diabetes can be controlled with oral medication. If this fails the patient is prescribed injectable insulin. Some people, despite taking their insulin develop problems with their feet, hand, eyes, heart or kidneys. So you are starting to understand that the more severe the diabetes the more likely the person is to be found disabled.
There are 14 categories for listings of impairments. They are:
1:00 Musculoskeletal System
2:00 Special Senses and Speech
3:00 Respiratory System
4:00 Cardiovascular System
5:00 Digestive System
6:00 Genitourinary System
7:00 Hematological System
8:00 Skin Disorders
9:00 Endocrine System
10:00 Multiple Body Systems
11:00 Neurological
12:00 Mental Disorders
13:00 Malignant Neoplastic Disorders (cancer)
14:00 Immune System
Each Category was developed with the assistance of doctors and are carefully explained in the Code of Federal Regulations. It is most helpful to have an attorney on your side who understands these listings and the rest of the Social Security Administration’s rules and regulations and can apply your medical records to the rules to maximize your chances of a fully favorable finding.
John P. Young, of Young and Young has been helping disabled Hoosiers receive their Social Security Disability benefits for over 22 years. Mr. Young has represented hundreds of disabled Hoosiers most in need. Mr. Young is your Indiana Social Security Disability Attorney. Today, I want to take some time to discuss the phase of the Social Security Disability process where the vast majority of fully favorable decisions are issued, the hearing before the Administrative Law Judge. In the world of Social Security Disability the process requires that you file an initial application. If you are turned down on your initial application, you must file your first appeal, also known as the request for Reconsideration. If you are turned down on your request for Reconsideration, you must file your second appeal which is called the Request for Hearing BeforeAdministrative Law Judge.
>The Hearing before the Administrative Law Judge is a hearing held at the (ODAR). There are approximately 82 ODAR offices around the Country. In Indiana, Mr. Young’s office is directly across the street from the ODAR office. This makes it very convenient for clients to come to Mr. Young’s office before the hearing for prehearing preparation. Mr. Young personally meets with each client and makes certain that his clients fully understand the hearing process and knows what to expect from the hearing. So what is discussed at this final preparation for the hearing?
First thing discussed is what happens at the hearing. It is nothing like you see on TV. No one is there to intimidate you. No one will scream at you or try to make you feel small. The hearing is a calm question and answer session. In some instances Mr. Young will provide the Judge with a short opening statement and a brief closing statement discussing why the evidence supports your claim for disability. Every witness is placed under oath. Although every hearing is different, the claimant will be asked a series of questions about their life and about their disability and about how that disability prevents you from working. Mr. Young is with you at all times during the hearing. If the Judge asks questions first, Mr. Young will be allowed to ask follow up questions to make sure you tell the judge everything you need to. The judge may have expert witnesses in the room as well. These might include a medical expert and/or a vocational expert. Mr. Young will have already obtained a copy of all your medical records, reviewed them and recorded the most important records to discuss with the medical expert(s). Mr. Young will have already reviewed your past work to discuss which skills you may have learned from that work and how those skills will impact your ability to work. This discussion will be with the vocational expert.
The important thing to remember is that it is natural to be nervous, because you are doing something you have never done before. However, all you need to remember is that the truth is the only thing that matters.
For more information regarding your Social Security Disability Benefits Listen to the links below.
As your Indiana Social Security Disability Attorneys, representing disabled Hoosiers all over the State from our Indianapolis offices we hear a lot of the same initial questions about Social Security Disability. Those questions include: Am I eligible?, How much money will my benefits be?, How do I apply? How does the Social Security administration make the decision?, and more. Well, we take a very hands on approach to your social Security Disability claim. John P. Young, a partner with Young and Young, will personally speak to you about your claim when you call. He will ask you a few questions to make a preliminary decision about your claim. He will also take the time to answer your questions. Mr. Young will then set up a meeting to discuss with you personally your claim and your application or appeal. Mr. Young will file all the paperwork necessary to appeal your claim. He will obtain your file from the Social Security Administration and obtain your medical records. He will personally prepare you for your hearing and will attend the hearing with you.
Now to some of these questions. Are you eligible? There are two kinds of Social Security Disability benefits. The first is Title II Disability. You are eligible for Title II Disability if you are disabled and you have worked, and paid into the FICA tax fund, for 5 out of the last 10 years. Paying the FICA tax is like paying the premium for your disability insurance. If you are disabled, but have not worked enough, then you may be eligible for Title XVI Supplemental Security Income. This is essentially a welfare program. You must be disabled, but there is not the work requirement. There are many conditions and restrictions associated with SSI, too many to discuss here.
How much will my monthly benefits be? This depends on whether you are eligible for Title II or Title XVI. Title XVI pays less, and the maximum payment is in the $700.00 dollar range. If you are eligible for Title II your benefits will depend on your earnings. The hirer the earnings the higher the benefit. The minimum will be in the area of five hundred dollars, in which case you may also be eligible for SSI, the maximum is in the $2,500.00 dollar range. Yes, if you are eligible for benefits your under age 18 children will also be eligible.
The Social Security Administration uses a very precise set of regulations to determine if you are disabled. There are much too many rules to go into here. Suffice it to say, the most important rule for you to remember is that in order to be found disabled, the Social Security Administration will require you to show proof you are disabled. This proof comes in the form of medical records of tests, examinations and treatment. Without good medical records it is nearly impossible to obtain your benefits.
NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.
