• When will the Social Security Administration consider me disabled?
  

The Social Security Administration (SSA) will determine whether or not you are disabled by asking a series of questions. This five-step process includes:

1. The Social Security Administration (SSA) will ask if you are currently working. If the answer is “yes”, does your work rise to the definition of Substantial Gainful Activity (SGA)? SGA is defined by the SSA as a person earning more than the allowed amount by the SSA. Refer to the SSA website to review the current monthly SGA amounts. If your work does not meet SGA, go to step two.
   

2. Do you have a “severe” disability? If your disability stops or reduces your ability to engage in work activities, proceed to step three.
   

3. Is your disabling condition found in the listing of impairments? This is a list of medical conditions the SSA recognizes as disabling conditions. If your condition is not on the list, the Social Security Administration may determine your condition equal in severity to these listings.  Otherwise, go onto step four.
   

4. Can you perform any of your past relevant work? If the Social Security Administration determines the severity of your condition does not prevent you from doing past work, you will be denied benefits. If it does, proceed to step five.
   

5. Is there other work you can do? If you cannot perform your previous work, SSA will determine if you can adjust to other types of work. In doing this, the social security administration will consider your age, education level, past work experience, medical condition, and any skills that may be transferred in obtaining other employment. If it is determined you cannot adjust to other work, your claim will be approved.

• When should I start the application process for Social Security disability benefits?
  

Apply for your Social Security benefits as soon as you become disabled. There is not a waiting period for your eligibility to apply for benefits. It may take the Social Security Administration (SSA) several months to process your application, so it is important to get your application submitted quickly.  You will need to complete an application for Social Security disability benefits along with a Disability Report.  You can find the Disability Report on the SSA's website.   Gathering other information prior to submitting your application to the SSA will help speed up the application process. 


The SSA will need the following information for you:

1. Social Security Number
2. Birth Certificate or Baptismal Certificate
3. Contact Information (including name, address and phone number) of all doctors, caseworkers, hospitals, clinics, and etc. that have cared for you.  Include all dates of visits with each contact. 
   
4.  List of Prescriptions/Medicines (include name and dosage)
5. Copies of all medical records.
6. Laboratory and test results.
7. Summarize your work history (including where you worked and the type of work your performed.)
8. Copy of your most recent W-2 Form or a copy of your last Federal tax return.

• How do I file a claim for Social Security disability benefits?
  

A claimant can file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits three ways.


1. Apply online by visiting the Social Security Administration's  (SSA) website at www.ssa.gov.  Follow the steps on the SSA's website to properly complete the application.  If you need assistance with the online application, call toll-free1-800-772-1213.
2. You may apply in person at your local Social Security Administration (SSA) office.  Call 1-800-772-1213 to set up an appointment to file a disability claim at your local SSA office.  A Disability Starter Kit may be mailed to you prior to your appointment.  Disability Starter Kits may be accessed on the SSA's website.
   
3. Applications may be completed by phone.  Call toll-free at 1-800-772-1213 to submit your claim by phone.  Be prepared for about an hour phone interview with the SSA.  If you are a claimant that is deaf or hard of hearing, call toll-free 1-800-325-0778 between 7:00 AM and 7:00 PM, Monday-Friday.  

• What is the difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?
  

The Social Security Administration (SSA) has two different disability benefits programs offered to claimants with a disability preventing them from being able to work. 


The Social Security Disability Insurance (SSDI) program is paid for by Social Security taxes deducted from a worker’s pay. To be eligible for the SSDI program, workers must pay into the program and have enough credits to be eligible. Therefore, not all people are eligible for this program. If qualified, the amount Social Security pays a disabled worker depends on the amount contained in that person’s Social Security earnings record.  SSDI benefits are payable to blind or disabled workers, window(er)s, or adults that have been disabled since childhood.  SSDI monthly benefits are calculated based on the amount of the Social Security earnings record of the insured worker.

The Supplemental Security Income (SSI) program pays disabled or blind adults and/or children who have limited income and other resources. Claimants must meet the living arrangement requirement by the SSA.  You do not need to have paid into this program, but rates depend on various factors.  SSI monthly benefits vary based on the federal benefit rate which may be supplemented by the state or decreased based on resources or countable income.  For more information on SSI, visit the SSA's website.

• What kind of medical documentation does the Social Security Administration consider when determining my eligibility for Social Security disability benefits?
  

All of the pertinent medical records obtained by the Social Security Administration (SSA) or supplied by your attorney/representative should be considered by the Social Security Administration in determining your disability. Upon initial application, it is important that you inform the Social Security Administration of all medical providers that can support your claim for disability. If you are being scheduled for a hearing before an Administrative Law Judge (ALJ), as your hearing approaches, your attorney or representative will attempt to get all recent medical documentation. Along with your progress notes, MRI’s, EKG’s and various other supporting medical documentation, your Social Security disability lawyer might also supply your physicians with a Physical/Mental Residual Capacity Assessment, or perhaps a questionnaire confirming your disabling condition.

• How long is the waiting period to receive a decision whether or not I will receive Social Security Disability Insurance or Supplemental Security Income benefits?
  

Unfortunately, obtaining your Social Security disability benefits can be a very long process. Also, it may depend on what part of the country you live. Many Social Security Administration (SSA) offices are experiencing a tremendous backlog of claims. Your disability claim may be won at the initial level in practically no time at all. On the other hand, it could take nearly two years from the time you request a hearing before an Administrative Law Judge (ALJ).

On a national average, your initial disability claim could be decided in 3-4 months. Filing a “Request for Reconsideration” could take about the same amount of time. Furthermore, filing a “Request for Hearing” before an ALJ can be a very lengthy waiting period. Unfortunately, Indiana residents may find themselves waiting years before a hearing is held. Remember, stick with it, you may be due past due benefits if a favorable decision is reached.

• If the Social Security Administration denied my claim for disability benefits, what should I do next?
  

When a claimant files a Social Security disability claim, the Social Security Administration (SSA) will carefully review the claim.  Once the SSA makes a decision on the claim, they will notify the claimant with their decision.  The SSA will either approve the claim or deny the claim. 


If your claim has been denied and you disagree with the denial, you may appeal that decision. Appealing the claim means that you are asking the SSA to take another look at your claim to make sure they have not inappropriately denied your claim.  The SSA will review all parts of your claim including parts of it that they were in your favor.  The SSA will notify you again of their decision. 


Depending on what stage of the process you are in, you may file a "Request for Reconsideration" or "Request for a Hearing by an Administrative Law Judge".

• What is a “Request for Reconsideration”?
  

If you have filed an initial claim for Social Security disability benefits and have been denied by the Social Security Administration (SSA), but disagree with this decision, you will file a form called “Request for Reconsideration.”  This is the first step in appealing the SSA's decision about your claim.  Filing a "Request for Reconsideration" is letting the SSA know that you disagree with their decision and would like your claim to be reconsidered.

The SSA will give full reconsideration of your claim.  A complete review of your claim will be conducted by someone that did not review and decide on your claim initially.  The SSA will review all the evidence that was submitted with the initial claim and any new evidence that you may have to support your claim.  Majority of the time, the reconsideration of your claim will not require you to be present during the review.  Although, if you are denied Social Security disability benefits because your disability has improved, you may meet with a SSA representative to explain why you believe that your disability still exist.

• What is an Administrative Law Judge?
  

If your "Request for Reconsideration" for Social Security disability benefits has been denied by the Social Security Administration (SSA),  you may appeal this reconsideration decision.  You can appeal this decision by requesting a hearing in front of an Administrative Law Judge (ALJ). 

An ALJ is an official employed by the Social Security Administration's Office of Disability Adjudication and Review (ODAR). The ALJ will determine if you are disabled by hearing the facts of your case at a hearing.

The Administrative Law Judge makes an independent decision based on the evidence and your testimony at the hearing.  You have the right to be represented at your disability hearing.  You can attend the hearing by yourself, with an attorney or non-attorney representative.  Many Administrative Law Judges hear hundreds of disability appeals every year, so it may benefit a disability claimant to have an experienced lawyer at his or her side to assist in the hearing process. 

• Should I hire an attorney to help me with my Social Security disability benefits claim?
  

It is not a requirement to hire an attorney to represent you at the hearing. Although, having representation by either a Social Security disability attorney or representative may be beneficial. These professionals are experienced with these types of claims and will lead you through the process, properly, prepare you for your hearing, and attempt to fight for what you deserve. Having representation is optional, but you may find it beneficial in your claim.


Experienced disability lawyers have been through numerous disability appeals and may know questions that need to be asked at the disability hearing and medical documentation that needs to be submitted in order to win you Social Security disability claim. 


Why should I hire an attorney?

Disability attorneys are licensed professionals held to strict standards.

Disability attorneys can answer questions you may have regarding the disability process.

Disability attorneys can assist you in completing forms you may not understand.

Disability attorneys can explain confusing correspondence you may receive from the Social Security Administration regarding your disability appeal.

Disability attorneys can help gather medical records from your treating medical professionals to submit in an effort to win your disability appeal.

Disability attorneys can submit forms to your treating medical professionals in order to show the Social Security Administration the severity of your disability.

Disability attorneys can represent you at your Social Security disability appeals hearing and ask questions of any witnesses that may attend the disability hearing.

Disability attorneys can help argue any legal issues that may arise at your disability hearing that you may not understand.

It is important when appealing your disability claim to always remember you have a right to be represented.  The Social Security disability hearing may be the most important legal situation you ever find yourself in, so a disability claimant should take all the steps necessary to get a favorable result.

• If I do hire an attorney, how will I pay him?
  

Social Security disability claimants may hire an attorney to represent him/her at any point of the appeals process. Social Security disability attorneys typically only get paid if they win your claim. Usually, nothing will be paid to your attorney if you do not win your claim. If your claim is approved by the Social Security Administration (SSA), your attorney will be paid directly by the SSA from your past due award or through a fee petition. Favorable decisions made on or after June 22, 2009 will pay your attorney 25% of your past due award amount with a maximum fee of $6,000.


So in summary, there are generally no up front out-of-pocket expenses when hiring a Social Security disability attorney to represent you in your Social Security disability claim.  Most Social Security disability lawyers will only ask for payment when the claim is found to be favorable.

• Is applying for a child disability claim different from an adult disability claim?
  

Filing a disability claim for a child may require other records in addition to medical records to prove the child qualifies for Supplemental Security Income (SSI). The Social Security Administration (SSA) does not require proof that the child is unable to work, but rather defines disability for children as the child is unable to perform age appropriate activities and age appropriate functions. Therefore, the criteria can be different for children from that of adults.

Winning a child's disability claim is similar to an adult disability claim in many respects.  Medical records supporting the child's disability must be submitted showing a severe physical or mental condition exists that will last no less than twelve months. 


While the physical disabilities of a child may be considered, many child disability claims revolve around mental impairments that can include:

Autism

Learning Disorders

Attention Deficit Hyperactivity Disorder (ADHD)


Attention Deficit Disorder (ADD)


Bipolar Disorder

Anxiety Disorder

Depression


Mental Retardation

Many aspects of a child's life can be considered when deciding if the child has a disabling condition, these may include:

School records including IQ testing, attendance records and teachers notes and recommendations

School records including grade reports, and if the child is enrolled in special education classes

The child's interaction with family, friends, and other individuals the child comes into contact with.  Many times children with mental impairments have extreme difficulty forming productive relationships with family and friends

• Will the Social Security Administration (SSA) send me to one of their health care professionals to determine if I am disabled?
  

Sometimes, if the SSA has further questions regarding your medical condition, they may send you to an independent health care professional to help determine if you are disabled.

They perform what they term a "consultative examination", in which you may be seen for your psychiatric or physical disabilities.  These individuals are contracted by the Social Security Administration.  When your disability case ends up in the hands of  Disability Determination Services or commonly known as DDS, an examiner determines if and what type of consultative examination you need. 


Many disability appeals claimants find these examinations to be very sketchy at best.  Disability claimants sometimes find these  physical or mental examination to be very brief and not very thorough. Don't be fooled into thinking this examination can be a substitute for a good relationship with your own physician.  In this examination, the doctor does not know you or much about your medical history.  To win your disability claim or disability appeal, it can be very important to furnish your own medical records and have a long standing doctor/patient relationship.


It is important to attend these physical or mental examinations.  It may be beneficial to make a list of your severe and non-severe impairments when you attend the examination to make sure you let the physician or psychiatrist know the disabilities you experience.  you may not want to get your hopes up just because they are scheduling an examination.  This may be one of the many "hoops" you are asked to jump through during what can be a lengthy disability process.  Talking to an experienced Social Security disability lawyer may be beneficial in knowing what medical records are needed to receive a favorable outcome in your Social Security disability claim.  

• Do mental impairments qualify me for Social Security disability benefits?
  

Mental impairments may qualify a claimant for disability benefits as long as the impairment meets the criteria established by the Social Security Administration (SSA). You can visit the SSA’s “List of Impairments” to view the criteria required for Mental Disorders.

In cases of mental disabilities, medical records from a trained psychologist or psychiatrist can be the most persuading evidence when trying to get your disability benefits.  While general medical practitioners may diagnose you as suffering from depression or anxiety, the Social Security Administration seems to put much greater weight on medical records rom a professional trained in the particular field of practice you are alleging your disability falls within. 


Some of the areas of mental disabilities the Social Security Administration may acknowledge include:

     -Anxiety related disorders

     -Depression

     -Schizophrenia

     -Post Traumatic Stress Disorder (PTSD)

     -Bipolar Disorder

     -Mental Retardation

     -Learning Disorders

     -Autism

     -Panic disorders

If you can show your mental disability prevents you from maintaining substantial gainful activity, your may find your chances of winning your disability claim or disability appeal can be greatly enhanced.  Unfortunately, many disability claimants with a mental disability have difficulty taking medications, seeing their physicians or psychiatrists on a regular basis, and keeping current with the disability appeals process.   For these reasons, a Social Security disability claimant may need the assistance of a family member, friend, and the advice of an experienced Social Security disability attorney to guide them through what may seem to be a difficult process.

• Can I work and still receive Social Security disability benefits?
  

Yes, you may continue to work while receiving Social Security disability benefits. Although, if you earn more than the Substantial Gainful Activity (SGA) amount allocated by the Social Security Administration, your benefits will end. In 2010, the SGA for non-blind recipients is $1,000 and for statutorily blind recipients is $1,640. After you deduct your impairment related work expenses, if you earn less than the stated amounts, you may remain eligible to receive benefits. On the other hand, if you earn more than the amounts indicated, your benefits may cease.

The Social Security Administration offers an incentive to return to work called "the trial work period".  In this program, a person may still receive disability benefits while earning income.  It may be beneficial to speak to a Social Security representative to learn more details about the trial work period.  Other questions regarding Social Security representation and your disability claim, may be answered by a Social Security disability lawyer.

• What is Substantial Gainful Activity (SGA) and how does it effect my Social Security disability payments?
  

Substantial Gainful Activity (SGA) is a term that the Social Security Administration (SSA) uses to define the monthly gross dollar amount a disability beneficiary may earn while receiving disability benefits. If the disability beneficiary earns more than the current SGA rate, the SSA considers that person as being able to engage in competitive employment and will not be considered for disability benefits. 

• How long can it take from start to finish for me to get a favorable decision concerning my Social Security disability claim?
  

Some people may win their claim at the initial application. Statistics show this to be a very low percentage of those disability claimants applying.  The second step of the process once denied is to file a "Request for Reconsideration".  Once again, statistically most of disability claimants are denied at this second step. The third step is to file an appeal if you find yourself denied.  This appeal will  result in waiting for a hearing in front of an Administrative Law Judge (ALJ). At the present, because of the backlog of hearings, it may take 2 years for your scheduled hearing. Hopefully, you will get a favorable decision in the end. Although, this process can take anywhere from a few months to nearly 3 years. Statistics show that if you stick with your disability claim, it can be won. 


It is very important to remember there are timely deadlines that must be kept when attempting to win your Social Security disability benefits claim.  If a disability claimant does not file a "Request for Reconsideration" or a "Request for a Hearing" in front of an Administrative Law Judge before a deadline expires, the disability claimant my have to start the process from the beginning. Some Social Security disability claimants find it beneficial to hire a disability attorney to ensure these deadlines are met, and to assist them in completing the required paperwork.    


Many Indiana residents find this long wait frustrating and a hardship.  So, what can you do to enhance your chance of winning your Social Security disability claim while waiting on your hearing date?  Indianapolis disability lawyer Scott Lewis advises his disability clients to continue seeing their medical professionals.  Also, your disability lawyer can find it helpful to be updated on a regular basis on your medical condition during this lengthy process. 

• What can I do to enhance my chances of winning my Social Security Disability Insurance (SSDI) claim or my Supplemental Security Income (SSI) claim?
  

If financially affordable, disability claimants should continue to see their medical professionals to obtain good current medical records to support your Social Security disability case. As an experienced Social Security disability attorney, I cannot put enough emphasis on how important good medical records can be.  For instance, if you have a back condition, an MRI may be what wins your case.  If you have a mental condition such as depression, bipolar disorder, or anxiety, good progress notes from your psychiatrist or therapist may be just what the Social Security Administration is looking for.  Make your physician aware of your disability claim, and it may be helpful to ask for a letter stating what your disabilities are and how they effect your activities of daily living. 


As stated previously, during the claims process, meet the deadlines that the Social Security Administration (SSA) establishes.  If you have hired an attorney or representative, communication is very important! Communicate when your disability worsens or improves, this may change the status of your case.


Lastly, be patient! The process may seem long and drawn out, but unless you complete the lengthy process, you will never know if you could have won. 

• What are the “Listing of Impairments”?
  

The Social Security Administration (SSA) has a list of impairments or disorders that qualify individuals for Social Security disability benefits. These impairments can be found on the SSA’s website.


The listings include:

     -Musculoskeletal System

     -Special Senses and Speech

     -Respiratory System

     -Cardiovascular System

     -Digestive System

     -Genitourimary Impairments

     -Hemotological Disorders

     -Skin Disorders

     -Endocrine System

     -Impairments that Affect Multiple body Systems

     -Neurological

     -Mental Disorders

     -Malignant Neoplastic Diseases

     -Immune System Disorders

Disability claimants may find these to be very broad categories, but within each listing there are more specific categories explaining disabling conditions.  So if you do not see your disabling condition such as cancer, diabetes, depression, multiple sclerosis, or back kimpairments do not be alarmed.  Many common terms are spelled out differently in the listing of impairments.  These listings may be periodically updated to include other disabling conditions. 


The Listing of Impairments may seem difficult to understand, and many individuals attempting to get Social Security disability may feel more comfortable hiring an experienced Social Security disability attorney to help them understand what criteria is need to be found disabled.  Indiana disability lawyer Scott D. Lewis can provide a free consultation to explain the Social Security disability process.

• If I am denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, should I start over or appeal that decision?
  

You should file an appeal within 60 days from the time you receive the notice that you have been denied. There is no need to start over by filing an initial claim unless you do not meet this timeline. 

• If I am denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, how soon must I appeal that decision?
  

Once you have filed your initial application for Social Security benefits, you may receive a “Notice of Disapproved Claim.” This means that you have been denied Social Security benefits by the Social Security Administration (SSA). If you disagree with the SSA’s medical decision, you may appeal that decision by filing a “Request for Reconsideration.” This request must be filed within 60 days from the date that you receive the notice. If you do not meet that deadline, you will need to file the initial application over again or notify the SSA and have a valid reason for your untimely filing.

• If an Administrative Law Judge (ALJ) denied my claim for Social Security disability, can I appeal his decision?
  

Yes, a claimant is able to appeal the ALJ’s unfavorable decision. If you disagree with the decision made by the ALJ, you will ask for a review of your claim by the Appeals Council. The Appeals Council will review your claim and will decide if the ALJ’s decision was correct or not. The Appeals Council may decide your claim or may have another ALJ review your claim.

• If I win my Social Security disability claim, how much money can I expect to receive each month?
  

If you are awarded Social Security Disability Insurance (SSDI), your monthly payment is determined by your work history and how much you have put into the program. If you are awarded Supplemental Security Income (SSI), payments are based on varies factors and are usually determined through an interview process with the SSA.

Contact Us

Contact Attorney Scott Lewis at (317) 423-8888 or complete the “Contact Us” form and our law firm will contact you to arrange a free consultation.