Category: Social Security

As Your Indiana Social Security Disability Attorneys, representing Hoosiers all over the State of Indiana out of our Indianapolis offices, we want to talk with you about how the ability to walk plays into your Social Security Disability application.  First, when the Social Security Administration views the types of work available in the economy, they look at the following categories: Sedentary, Light, Medium, Heavy, and very Heavy.  Each of these categories requires a certain amount of walking.  The sedentary job requires the least amount of walking, about 2 hours a day.  Now, what kind of walking are they talking about?  In the language of the a Social Security Disability claim, the walking must be effective ambulation.  This is the ability to walk over even surfaces at a reasonable speed, without your hand being used.  So, if you require the use of two canes, a walker or crutches to walk, you cannot walk effectively.  This is because you have to be able to carry things or hold onto a stair rail to walk effectively. Generally, the administration wants to know if you can walk from your house to your car, or the bus stop, with reasonable pace.  They also want to know if you can walk from your car, or the bus stop to your place of work in a reasonable amount of time.  If you can, congratulations, you can walk effectively.  Places of employment such as GM, Anthem, and others may be able to use your services.  If you cannot do these things, you are likely eligible for Social Security Disability.

Remember, the Social Security Administration is not going to take your word for it that you cannot walk effectively.  You will require a doctor to confirm that you cannot walk effectively and why you cannot walk effectively.  In other words, if your doctor is willing to write a note for you in support of your application, the doctor must include your diagnosis, abnormal signs and symptoms and why those issues make it impossible for you  to ambulate effectively.  Without this supporting information, the doctor’s report will do little good.  If you have any questions about Social Security Disability, call John P. Young.  He will talk to you personally, no paralegals.  He will personally prepare you for your hearing and attend the hearing with you.  With over 23 years of experience and hundreds of  hearings personally attended, Mr. Young is the Indiana Social Security Lawyer to help you.

As a lawyer who represents Hoosiers before the Social Security Administration, I am often asked about benefits arising out of married life.  I recently read an interesting article in US News and World Report Magazine.  I wanted to share it with my readers.  I did not write this article and I give full credit to U.S. News and World Report for the Article.  I hope you enjoy it and learn a little in the process.

Six Ways For Married Couples to Maximize Social Security Benefits.

Couples who are currently married, or who have stayed together at least 10 years, tie their working records — and the resulting Social Security checks — together as long as they both live. In the case of Social Security payments, the result is often better for the couple. Spouses have Social Security claiming options that single people don’t. Here are a few ways couples can boost their Social Security benefits:

Utilize Spousal Payments

Spouses are entitled to a Social Security payout of up to 50 percent of the higher earner’s check if that amount is higher than benefits based on his or her own working record. Retired couples in which one spouse did not work or had low earnings have the most to gain from this provision. However, low-earning spouses must wait until what the Social Security Administration calls the “full retirement age” to collect the full 50 percent. (For baby boomers born between 1943 and 1954, the full retirement age is 66.) Benefits are reduced for spouses who collect before their full retirement age. For example, a low-earning spouse whose full retirement age is 66 would only be eligible for 35 percent of the higher earner’s benefit at age 62. The spousal benefit does not increase above 50 percent of the higher earner’s benefit if claiming is delayed beyond the full retirement age.

Claim and Suspend

The lower earner cannot receive spouse’s benefits until the higher earner files for retirement benefits. Workers who have reached their full retirement age may apply for retirement benefits and then request to have the payment suspended. Claiming and suspending payments allows the lower earner to claim a spousal benefit and the higher earner to continue working and earn delayed retirement credits until age 70. “This would tend to maximize their lifetime benefits and more importantly maximizes the survivor’s benefit,” says Andrew Biggs, a resident scholar at the American Enterprise Institute and a former deputy commissioner of the Social Security Administration. “You will ensure you will have a higher benefit when you need one, which is when you are a widow later in life.” Social Security checks increase by 7 to 8 percent for each year of delayed claiming between your full retirement age and age 70. After age 70 there is no additional benefit for waiting to collect your due.

Claim Twice

Duel-earner couples who have reached their full retirement age can claim Social Security twice: first as a spouse and later using their own work record. A person may choose to sign up for only a spouse’s benefits at their full retirement age and continue accruing delayed retirement credits on their own Social Security record. The worker may then file for benefits based on their own work at a later date and receive a higher monthly benefit due to delayed retirement credits. For example, a man planning to retire at age 70 could claim a spouse’s benefit based on his wife’s earnings at age 66 and then claim again based on his own working record when he exits the workforce at age 70. High-income couples with relatively equal earnings gain the most using this strategy, according to calculations by the Center for Retirement Research at Boston College.

Include Family

Social Security recipients who have children under age 16 or who are disabled can secure additional Social Security payments for the child and a spouse caring for the child, even if the spouse is under age 62. Each child is eligible for up to 50 percent of the retiree’s full benefit. However, payments to family members are capped, typically at 150 to 180 percent of the retiree’s benefit payment. If the total benefits due to the retiree’s spouse and children are above this limit, their benefits will be reduced. The retiree’s payout, however, will not be affected.

Ex-Spouses are Eligible

A former spouse may be eligible for benefits if the marriage lasted at least 10 years. The divorced spouse must be age 62 or older and unmarried. The amount of benefits an ex-spouse claims has no effect on the benefits the worker and her or her current spouse can receive.

Boost the Survivor’s Benefit

Widows and widowers are entitled to the higher earner’s full retirement benefit. Surviving spouses can begin receiving Social Security benefits at age 60, or age 50 if they are disabled. Benefits are reduced by up to 28.5 percent if claimed before the recipient’s full retirement age. The surviving member of a dual earner couple can also claim a reduced benefit on one working record and then switch to the other. For example, a woman could take a reduced widow’s benefit at age 60 and then claim 100 percent of the retirement benefits based on her own working record when she reaches her full retirement age. Most survivor benefits are paid to women because wives are generally younger than their husbands and live longer. A husband can increase the monthly survivor’s benefit his wife will receive by 60 percent by waiting to sign up for Social Security until age 70.

Copyrighted, U.S.News & World Report, L.P. All rights reserved.

John P. Young has 22 years experience representing Hoosiers before the Social Security Administration for Social Security Disability Benefits.  Mr. Young has represented hundreds of claimants, each of whom he met personally with to discuss their claims.  Mr. Young speaks to you directly when you call, personally prepares you for your hearing and personally attends your hearing.  You will not have to deal with anyone but the lawyer who knows how to win before the Social Security Administration.  Mr. Young knows that the key to success is threefold. First, meet with and personally handle all aspects of the claimant’s claim.  Second, know, inside and out the rules, regulations and procedures of the Administration.  Mr. Young has mastered these over the twenty two years he has represented Hoosier claimants.  Third, be prepared.  Thoroughly interview the client about their disability.  Obtain each and every piece of evidence and provide that to the Social Security Administration. This includes medical evidence, evidence from prior employers, evidence from past employment, evidence from vocational rehabilitation. Review each piece of evidence and note how that evidence supports the claim for disability.  Fight to the end for the client.

The Social Security Administration publishes a list of injury illnesses and diseases which may qualify a person for disability.  The list includes spinal cord injury resulting in paralysis, either paraplegia or quadriplegia, back injuries including disc injuries, brain injury, blindness, amputation, burns, psychological issues and others.  It matters not how you were injured.  It could be from a highway accident, a drunk driving accident or a construction injury.  What matters is that you have the injury, illness or disease and it is severe enough to meet the criteria set out by the social security administration.  The experienced Indiana Social Security Lawyer knows that to prove the existence of the disability and to prove it is severe enough requires proper documentation.  The competent lawyer will work with the client to make sure that they know all of their options for obtaining the crucial medical documentation, whether it be through resources at the local public hospital, Medicaid, or low income clinics.

John P. Young knows how to maximize your chances of obtaining your Social Security Disability Benefits.  You worked hard but now you cannot work.  You are entitled to those benefits.  Call Mr. Young today, toll free at 1-888-639-5161 or contact him on the web John@youngandyoungin.com for your immediate, personal, confidential and free of charge initial consultation now.

So, how does the Social Security Administration evaluate pain when deciding if you are disabled, after all, you can’t see pain.  There is no test for pain.  The Administration will not, as you can imagine, just take the claimant’s word for it that he/she is in pain. So how do they do it?  First they want to know all about your disabilities. John P. Young, your Indiana Social Security Disability Lawyer, recommends that you tell the Administration about each one of the disabling conditions you have, even if you might think it is not that important, when you first apply.  Also give the administration the name address and telephone number of each one of your doctors, and of the hospitals you have visited.  This gives the SSA the chance to obtain all your medical records, and thus know everything about your disability.  It is crucial that you see medical doctors and have your disabilities documented.  The SSA will never find you disabled if you have no documentation to support your claim.  Next make sure you provide the SSA a list of all your medications, what you take them for and the side effects they cause.  This is very important, because if the doctor thinks you have a condition that requires serious medications to treat, that gives your pain complaints believability.

The SSA looks at your medical records to see what disabilities are documented.  They look at your list of medications to see what treatment you are receiving.  They then look to see what kinds of symptoms your disability is likely to cause. They look at your testimony to see if your pain complaints are consistent with the pain complaints they would expect to hear from a patient with those disabilities.  If your pain complaints are not consistent with what is expected, you will lose credibility.  If your pain complaints are more severe than what is expected of a person with your disability, you lose credibility.  If you lose credibility, you are less likely to be granted benefits.  That is why it is very important to be strictly honest with your doctors and the SSA.

John P. Young, Your Indiana Social Security Disability Lawyer, knows from 22 years experience how to properly present you claim to the Administration in order to give you the best chance to win.  John does this with personal service.  John will go to your hearing with you, no assistants will ever be asked to go in his place.  Call John P. Young, your Indiana Social Security Disability Lawyer, today.

John P. Young, a partner in the Indianapolis Law firm, Young and Young, is an Indiana Social Security Disability Lawyer.  John has been representing Hoosiers before the Social Security Administration for Twenty-two plus years.  A competent Indiana Social Security Lawyer, practicing in Indianapolis, John knows that personal service is key to successfully prosecuting your disability claim.  It makes no difference to John how you were injured.  Your injury may have been from a traffic accident, a highway accident, an auto crash, a motorcycle accident, you may have been in a drunk driver accident, or a highway accident with  a semi tractor-trailer.  John P. Young sees severe and disabling injuries from big truck accidents quite often.  Further, it makes no difference to John if your disability arises from broken bones, a brain injury or spinal cord injury resulting in paraplegia or quadriplegia, amputation, burns, scarring, blindness or any other type of disability.  If you have a disability, and it is severe enough, John P. Young will personally work to gather the evidence the Social Security Administration needs to approve your disability claim.

You should know that there are two types of Social Security Disability.  The first is Title Two Disability, and the second is Title Sixteen Supplemental Security Income (SSI).  In order to qualify for either, you must have a disability which prevents you from engaging in substantial gainful employment (these are the words the social security administration uses, sorry), and your disability must be expected to last for 12 months or more.  If you meet these criteria, then you must decide if you are eligible for Title Two Disability of title Sixteen SSI.

You become eligible for Title Two disability by working.  You must work for twenty out of the previous forty quarters prior to your disability to qualify for Title Two Disability.  The government takes taxes out of your paycheck in the form of a social security payroll tax.  They call it F.I.C.A.  You can think of this money as the premium for the disability insurance.  When you stop working, because of your disability, you remain insured for Title Two Disability for the next five years.  Like private disability insurance, if you become disabled in this five year period, you are allowed to continue receiving Title Two Disability for as long as you are disabled.  After being disabled for two years, you are also eligible for Medicare.

If you have not worked the required 20 out of the last forty quarters, and are not insured, you may be eligible for SSI.  There are restrictions on SSI such as if you are married and your spouse earns enough money, you are not eligible for SSI.  The Administration also counts the rent you do not have to pay (if you are staying with someone) and things such as food stamps as income, so as to reduce the amount of SSI benefits you will receive.

John P. Young recommends that you apply for both Title Two and Title Sixteen benefits.  The Administration will determine if you are eligible for one or the other, and there is no penalty for applying for both.  John P. Young, your Indiana Social Security Disability Lawyer stands ready to assist you in successfully proving your claim.  You will not have to tolerate an assistant, John handles all his client’s needs personally.  Call today.

Young and Young is a firm of Indiana personal injury attorneys.  We are accident lawyers and accident attorneys.  We pride ourselves on being full service injury lawyers and accident attorneys.  When one of our clients is hurt in a traffic accident or a construction accident, we know that they may also have a claim for Social Security Disability benefits.  If you are in a car wreck with a drunk driver, or hit in a big truck accident, a semi tractor-trailer accident,  a motorcycle accident, a truck accident or any kind of trucking accident, we know the possibility of being severely injured is very real.   The injuries fall into a wide spectrum including broken bones, back injury, spinal cord injury, paralysis including paraplegia and quadriplegia, brain injury,  scarring, burns and wrongful death.  These injuries can interfere with your ability to work, earn a living and support your family. So let’s talk about a very common injury, the back injury and whether that allows you to qualify for Social Security Disability.

The rules and regulations for the Social Security Administration for Social Security Disability are found in the Code of Federal Regulations.  The specific Code Section is Section 20, parts 400-499. Appendix 1 to Subpart P of Part 404.  The listing looks like this:

Appendix 1 to Subpart P of Part 404—Listing of Impairments

The body system listings in parts A and B of the Listing of Impairments will no longer be effective on the following dates unless extended by the Commissioner or revised and promulgated again.

1. Growth Impairment (100.00): July 1, 1999.

2. Musculoskeletal System (1.00 and 101.00): June 7, 1999.

3. Special Senses and Speech (2.00 and 102.00): July 1, 1999.

4. Respiratory System (3.00 and 103.00): October 7, 2000.

5. Cardiovascular System (4.00 and 104.00): February 10, 2000.

6. Digestive System (5.00 and 105.00): December 6, 1999.

7. Genito-Urinary System (6.00 and 106.00): December 6, 1999.

8. Hemic and Lymphatic System (7.00 and 107.00): June 7, 1999.

9. Skin (8.00): June 7, 1999.

10. Endocrine System and Obesity (9.00) and Endocrine System (109.00): June 7, 1999.

11. Multiple Body Systems (110.00): July 1, 1999.

12. Neurological (11.00 and 111.00): July 1, 1999.

13. Mental Disorders (12.00 and 112.00): August 27, 1999.

14. Neoplastic Diseases, Malignant (13.00 and 113.00): June 7, 1999.

15. Immune System (14.00 and 114.00): July 1, 1999.

The part we want to discuss is the musculoskeletal system, because that this the section that talks about back injuries.  To meet any listing you must have the listed impairment (diagnosed and documented by your physician) and the impairment must be severe.  The section on back injury looks like this:

1.05 Disorders of the spine:

A. Arthritis manifested by ankylosis or fixation of the cervical or dorsolumbar spine at 30° or more of flexion measured from the neutral position, with X-ray evidence of:

1. Calcification of the anterior and lateral ligaments; or

2. Bilateral ankylosis of the sacroiliac joints with abnormal apophyseal

articulations; or

B. Osteoporosis, generalized (established by X-ray) manifested by pain and limitation of back motion and paravertebral muscle spasm with X-ray evidence of either:

1. Compression fracture of a vertebral body with loss of at least 50 percent of the estimated height of the vertebral body prior to the compression fracture, with no intervening direct traumatic episode; or

2. Multiple fractures of vertebrae with no intervening direct traumatic episode; or

C. Other vertebrogenic disorders (e.g., herniated nucleus puplosus, spinal stenosis) with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months. With both 1 and 2:

1. Pain, muscle spasm, and significant limitation of motion in the spine; and

2. Appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss.

At Young and Young, we have been helping injured Hoosiers obtain their Social Security Disability Benefits for more than 20 years.  You work with an attorney who answers your calls and goes with you to your hearing.  You are not forced to waste time with a paralegal.  When you need your benefits, Young and Young will get them for you.  Call John P. Young today.

You are an honest hard working Hoosier.  Unfortunately you have to travel today, and the roads are icy.  You are either in a wreck with a drunk driver, in a tractor-trailer crash, a highway accident, a truck crash, a large truck crash, or any kind of traffic accident, or you are in a construction accident.   Your injuries are severe, you might have had a limb amputated, or have a spinal injury resulting in paralysis, either paraplegia or quadriplegia, a back injury, a brain injury, or burns.  You go through the medical treatment and you get a little better, and try to get back to work.  You work a couple weeks, maybe a couple months, and then boom, out of nowhere, you are laid off.  The boss doesn’t tell you why, he mumbles something about costs, but doesn’t look you in the eye.  You start to look for work in the next week and you apply for and receive unemployment compensation.  You receive your 26 weeks of compensation, but no one will hire you.  Throughout the process of looking for a job, your body hurts, and you find that you cannot do what you used to be able to do, but you soldier on.  You tell each potential employer about your accident, and your injury, and the minute you do, they shut you down, and you do not get the job.  Eventually you get discouraged and apply for Social Security Disability.  After you apply, get turned down, appeal, and get turned down again, the Administrative Law Judge (ALJ), who conducts the hearing on your appeal tells you , in the hearing,  we will find you disabled, but we can only find you eligible for disability benefits after the date you last received unemployment benefits.  Now, is the ALJ correct, and if so, why is she correct?

Every qualified accident lawyer and accident attorney knows the Administrative Law Judge is correct.  You cannot receive Social Security Disability and unemployment compensation at the same time.  Why not?  The reason is quite simple.  In order to be eligible for unemployment compensation, you must swear that you are fit for work, and that you are actively seeking a job.  Then you have to show the unemployment office evidence that you are actually seeking a job.  The exact opposite is true when you apply for Social Security Title II disability benefits.  In that application you must swear that you are not fit for work and that your disability is likely to last more than 12 months. Now just because you can’t get both at the same time does not mean you can’t apply for both.  The two organizations will delay your social security disability benefits until the date you last received unemployment benefits.

John P. Young has been representing claimants before the Social Security Administration for more than 20 years.  John handles all his cases personally.  If you call John, he will either answer the phone or call you back when he is available.  John will sit down with you personally to discuss your case.  John will go to you to the hearing.  You will not have to work through an inexperienced paralegal.  Your benefits are too important to risk because your lawyer won’t talk to you.  Call John today.

I was asked by a client I represent before the Social Security Administration on their Social Security Disability claim, “what about my children?” You see, this client was in a highway accident with a semi tractor-trailer.  Regardless of how he got hurt, whether it be getting in a car crash with a drunk driver, or in a construction accident, or a motorcycle accident, or a truck crash, if you cannot work and your disability is likely to last 12 months or more, then you may well be eligible for Social Security Disability, also known as Title Two Disability.   In addition it does not matter if the injury is a brain injury, burns from electrocution, a back injury, a spinal cord injury resulting in paralysis including paraplegia or quadriplegia, blindness, neurological disorders or an amputation, if the injury prevents you from working and is likely to last more than 12 months, you may be eligible for Social Security Disability benefits.

If you are eligible for benefits then your minor children are also eligible for the benefits.  The money your children will receive is in addition to your benefits, not a part of your benefits.  In other words, your benefits will not be decreased because your children are eligible to receive benefits.  If you are divorced, and your ex-spouse has custody of the children, the benefits they receive can meet your total child support obligation.  You need to discuss this with your divorce lawyer.  Here is a helpful hint- If you are injured and can’t work and apply to the Social Security Administration for benefits, you should petition the court that has jurisdiction over your child support matters to hold your child support obligation in abeyance (you will still owe it but you will not be cited for contempt for not paying it while you are waiting to hear from the social security administration).  Then, once you get your benefits, you ask the court to accept the payment from the SSA of the children’s back benefits as payment of the child support for which you are past due, and ask the court to set your new monthly child support obligation as the same as the benefits the children are receiving.   Do not wait until after you get you benefits to make this move, it will be too late by then.

John P. Young has 21 years of experience before the Social Security Administration.  John will handle your claim and all your calls personally.  You will not be shuttled off to a paralegal.  John will personally appear at your hearing, he will not send an assistant.  Put John’s experience to work for you and your family today.

I meet with people who need Social Security Disability Benefits two to three times a week.  Usually, they have already applied, and have been turned down.  They are disappointed and frustrated.  They worry about how they are going to take care of their families.  Almost everyone says, in one way or another, “I know a guy who gets the benefits and he is not even disabled, and I can’t work, how is that fair?”  I always say, let’s not worry about the other guy, let’s worry about you.  I then tell them about the rules the Social Security Administration uses to determine if a person is disabled. 

Most people who need disability benefits have been injured in one way or another. Some have been in car accidents with drunk drivers.  Others have been injured in a constructions accident or been in a highway accident with a semi tractor trailer.  Motorcycle accidents, vehicle accidents, electrocution, burns, it does not matter.  The injuries can be far ranging.  They include spinal cord injuries or back injuries resulting in paralysis such as paraplegia, quadriplegia, disc herniation, disc injuries, and brain injuries. Some people have heart problems, breathing problems, psychological problems.  It does not matter why the applicant has the problem.  What is important is that the person can prove, with objective medical evidence (we have discussed objective medical evidence in previous blog), they have the problem they claim to have. 

The Social Security Administration (SSA) will follow a five step process to determine if you are disabled: 

1. Have you worked since you claim to have been disabled? 

2. Do you have a medically determinable impairment? 

3. If you have an impairment, is it severe, and does it meeting a listing? 

4. If you do not meet a listing do you have the residual functional capacity to work your former job(s). 

5. If you can’t do your past work, can you do any other type of work? 

This five step process is set out in the Code of Federal regulations at sections 404.1520 and following for Title Two Disability, and 416.920 and following for Title Sixteen SSI.   If you have one of the listed illnesses, injuries or disease, and it is severe enough, you will be found to be disabled.  The listings can be found 20 CFR Part 404, Subpart P, Appendix 1.  CFR stands for Code of Federal Regulations.  Type 20 CFR Part 404, Subpart P, Appendix 1  into any search engine and the listings should pop up. The listings are broken down into 14 categories which include Musculoskeletal, Special Senses and speech, Respiratory,  Cardiovascular, Digestive, Genitourinary, Hematological, Skin, Endocrine, Neurological, Mental, Cancer, Immune System.

I have 21 years experience with these listings.  I have represented hundreds of claimants.  I have personally represented claimants in over 400 hearings.  I handle the cases myself.  When you hire me, I do the work.  I don’t hand you off to a paralegal.  When you call, you get me, or I call you back.  I make house calls and represent people all over the State of Indiana.  Give me a call. I can help.

I am in my office, and as I write, a client is sitting in the waiting room to talk about his social security claim.  No, I am not being heartless, he showed up a half hour early because he is anxious about his claim.  I do not blame him.  The system can be overwhelming.  The Code of Federal regulations book which outlines the Social Security rules and regulations is two inches thick and the print is font size 8 or 10.  Believe it or not I have read all or most of it over the last 21 years of representing people before the social security administration.

What helps the most in improving your chances of getting your benefits is to have  proper medical treatment and proper medical documentation.  I have had to tell many, many clients, I believe you, but the Social Security Administration will not give you benefits unless you can show medical evidence of the problem.  The best evidence is objective evidence of a physical problem.  If you have a disc problem (back injury or spinal cord injury), an MRI or CT scan demonstrating that problem is best.  If you have a breathing problem, pulmonary function tests (FEV, DLCO) are essential.  If you have a heart problem, proper heart imaging including EKG and cardiac catheterization or echocardiogram are essential.  If you have peripheral neuropathy, an EMG is essential.  No matter what the condition, if an objective test (a test that shows the problem without you being able to affect the outcome of the test) is by far and away the best and improves your chances of obtaining your benefits.

Some problems do not lend themselves to objective tests.  Brain injury often requires evidence of a neuropsychological test.  This test is not perfectly objective, but does carry a lot of weight.  If you have a psychological condition, proper treatment from a psychiatrist and counselor are essential.  This means on ongoing course of treatment, not just seeing them every so often.  A lot of times, people with depression just get medications from their family doctor.  This is fine, but if you have a disability claim with the SSA, I recommend that you see a psychiatrist and a counselor on a regular basis.  This will enhance your chances of getting your benefits.

At Young and Young, John P. Young has represented claimants before the Social Security Administration for more than 21 years.  He handles the claims personally.  When you call John, you talk to John. John will be at your hearing with you.  Give him a call.

I think the answer to this is “probably not”.  Let me explain.

First, let me tell you a little about my experience with the Social Security system.  I have been an attorney since 1988.  I handled my first Social Security Disability Claim in 1989.  Since that time I have handled close to five hundred claims.  I handle them myself.  If you hire me, you get me on the telephone.  I will be the one doing the work, not a paralegal or someone else you did not call.  I have handled as many as 400 hearings before the Social Security Administration.  I was personally present at all of them.  I did not send my assistant or associate.  I have read the Code of Federal Regulations, which is where the Rules and Regulations applicable to a claim for Social Security Benefits can be found.  I am a member of NOSSCR (National Organization of Social Security  Claimant’s Representatives) and have been for many years.  I handle most aspects of a Social Security Claim, including the first Appeal (Request For Reconsideration) the second appeal, (Request for Hearing Before Administrative Law Judge), the third appeal (Appeal to Appeals Council), and the fourth appeal (Appeal To Federal District Court).

Now why do I think that you probably do not need an attorney to represent you (Remember no matter who you call ask if they are a licensed attorney or merely a non-attorney representative.  As the fees are tightly controlled by the Social Security Administration and both Attorneys and non attorney representatives have the same fees it only makes sense that you want the most highly trained, most experienced person representing you.)  Unless you simply cannot organize a little information about yourself (and understandably some people cannot say a person with brain injury) the following advice should see you through the initial application process.

Three ways to make an application 1. Go to your local Social Security Administration (SSA) office and fill out the application. 2. Call the SSA office and ask them to mail you the application and you complete it.  3. Go on line to WWW.SSA.GOV and fill out the application on line.  All three have the exact same application, so it is really what you feel most comfortable with.  No matter which method you choose, you will need four lists with you, prepared in advance.  These lists will make the application process smooth.

1. List of all injuries, illnesses, and/or diseases you believe make you disabled. 2. A list of your medical care providers (hospitals, doctors, physical therapists etc) with addresses and telephone numbers. 3. A list of the jobs you have had in the last 15 years, with the name and address of each employer and they type of work you did.  It will help if you can list the physical demands of the job i.e. what was the heaviest weight you had to lift, how long you had to sit, stand and/or walk etc. and 4. A list of your medications, what they are for, who prescribed them for you, the doses and what side effects the meds cause you.

This is the information the Social Security Administration is looking for when reviewing your application.  If you are prepared to give them this information, you probably do not need a lawyer to give it to them.  If you win on your first application, you will not need to share any of your money with a lawyer. 

A good Social Security Lawyer will be willing to discuss your case, and your need (or not) for representation at the time of filing.  I will talk with you, and assist you when you need it without  looking for a fee while your initial application is pending.  It is for those folks who are turned down, and need to appeal that I think require an attorney.

Good accident lawyers know that full compensation for their clients is not always possible.  There are a number of reasons for this if a person is hurt in an auto accident, construction accident, highway accident, truck accident, or hit by a drunk driver.  This often times results in terrible injuries, including back injuries, brain injury, spinal cord injury, and paralysis.  More often than not, if the injuries are caused by a car accident, the  person who caused the accident does not have enough liability insurance to fully compensate the victim of these terrible injuries.  If the injured person does not have adequate underinsured motorist coverage,  he cannot be fully compensated for the lost wages and medical bills that will be in the his future.

A good accident attorney will recommend that his client file an application for benefits with the Social Security administration.  This can be done online.  The applicant can also go to his local Social Security office to fill out an application.  We have spoken of this in other blogs, but it bears repeating.  Take with you a list of your doctors, with addresses and telephone numbers.  Take with you a list of your medications, with dosages and side effects.  Take with you a list of your employers for the last 15 years, with addresses and a short description of what you did in that employment.  It will make the process go a lot smoother.

If you have a back injury or disease, which includes disc herniations, degenerative disc disease, osteoporosis, osteopenia, spinal cord injury, compression fractures and a whole host of other back problems there is a reasonable chance that you may be entitled to benefits.  It makes no difference that the condition was from a disease, or from a car accident, or construction accident.  What is important is that the condition prevents you from working and is expected to last more than a year.

You must be able to show the Social Security Administration medical documentation confirming the presence of the medical problem.  That medical documentation must also demonstrate the severity of the condition.  Without documentation, you have little to no chance of successfully obtaining benefits, even if the condition is real and disabling.

If you have a back injury or disease, your claim will be analyzed under the first section of the listings of impairments.   The Listing of Impairments is exactly what it sounds like, a list of injuries, illnesses and diseases.  If you have one of the listed conditions, and it is severe enough, you are entitled to benefits.  The first section of the listings deals with the musculoskeletal system.  If your back injury is a neurological problem, your condition will also be analyzed under Section 11, Neurological.  This section is for someone with a spinal cord injury and paralysis, like Christopher Reeve, who once played Superman.

A good accident lawyer will help guide you through this process.  All fees for this work are contingent, meaning there is no fee unless you are granted benefits.  The Social Security Administration must approve all fees before they are charged.