Indiana Social Security Disability Lawyer Blog

When it comes to your disability claim, your onset date can be very important. The onset date can affect how much of your past due benefits you will be paid and/or if you are eligible for benefits at all.

As defined in the Social Security Act and/or regulations, the onset date of disability is the first day a person is disabled. When determining your onset date, the Social Security Administration (SSA) will look at work history, medical findings, and the claimant's allegations. The aforementioned are usually looked at as a whole to determine the onset date. It should be noted, the date the claimant stopped working or the claimant's allegations are important in deciding onset only if it falls in line with how severe the medical condition is as evidence by the medical records.

In Social Security Disability Insurance (SSDI) claims, the earlier the onset date can be established, the longer the period of disability and it usually helps to maximize the amount of past due benefits that can be received.

It is important to remember that a person attempting to receive SSDI must also meet the requirement of insured status. Insured status must be met at the time when a disability preventing an individual from performing substantial gainful activity is determined.

While this is just a brief framework of how the Social Security Administration may look at your disability and your onset date, it should not be relied on for legal advice. For more information concerning onset dates and Social Security Disability benefits, contact the SSA or Indianapolis Attorney Scott Lewis for a free consultation at (317) 423-8888.

In May 2009, the Social Security Administration (SSA) released the 2008 statistics on Supplemental Security Income (SSI) recipients by state and county.  Indianapolis area residents may be interested in knowing how their county rates compared to surrounding counties when it comes to the distribution of SSI funds. 

The complete list can be found on the SSA's website.   Below is a sample of the 2008 statistics of the state of Indiana and Indianapolis and its surrounding counties:

State or County		Total	Category		Age			SSI recipients also receiving OASDI
			Aged	Blind and disabled	Under 18	18-64	65 or older
Indiana		108,148	5,617	102,531	23,621	71,977	12,550	34,221
Boone County		363	34	329	74	235	54	121
Hamilton County		1,161	141	1,020	241	713	207	322
Hancock County		457	30	427	98	300	59	142
Hendricks County		693	53	640	171	435	87	211
Johnson County		1,061	69	992	258	674	129	331
Marion County		20,453	1,160	19,293	5,321	12,659	2,473	5,937
Morgan County		806	35	771	148	574	84	273
Shelby County		601	37	564	133	400	68	196

If you have questions regarding Indiana Supplemental Security Income benefits, contact Social Security Disability Attorney Scott Lewis for a free consultation at (317) 423-8888

 Many Indiana Social Security Disability Benefit recipients wonder when their disability benefits will change to Social Security retirement benefits.  Retirement benefits and disability benefits are both Social Security benefits. Social Security benefits are paid out of two trust funds: the Old Age and Survivors Insurance (OASI) trust fund and the Disability Insurance (DI) trust fund. If you are a person who is receiving disability benefits, when you reach your full retirement age, the Social Security Administration (SSA) stops paying them from the DI trust fund and changes payment to come from the OASI trust fund. Your monthly earnings will not change.  Although, because you'll then be getting full retirement benefits based on age rather than disability benefits based on your medical condition, your disability will no longer be the basis for your entitlement. This means no more periodic re-evaluations by the SSA to see if you still meet the definition of disability and no restrictions on earnings should you return to work.

According to the SSA, depending on the year you were born, full retirement age is the following:

• 1937 or Earlier - Retirement age is 65
• 1938 - Retirement age is 65 and 2 months 
• 1939 - Retirement age is 65 and 4 months
• 1940 - Retirement age is 65 and 6 months
• 1941 - Retirement age is 65 and 8 months
• 1942 - Retirement age is 65 and 10 months
• 1943-1954 - Retirement age is 66 
• 1955 - Retirement age is 66 and 2 months
• 1956 - Retirement age is 66 and 4 months 
• 1957 - Retirement age is 66 and 6 months 
• 1958 - Retirement age is 66 and 8 months 
• 1959 - Retirement age is 66 and 10 months 
• 1960 and later - Retirement age is 67

In summary, when you reach full retirement age, nothing will change, except for Social Security purposes, your benefits will be called retirement benefits instead of disability benefits.  You do not need to take any action.  Starting with the month you reach full retirement age, you will get your benefits with no limit on your earnings.  While this information is gathered from various Social Security disability sources, it should not be relied upon for full accuracy.  Any questions related to your particular claim or retirement benefits should be directed to the SSA to ensure up to date and accurate information.  If you have any questions concerning the Social Security disability claims process, contact Attorney Scott Lewis at (317) 423-8888.

Most people are not familiar with the Social Security disability claims process.  When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the success of your claim often depends on providing good supporting medical records.  It is important to know what medical documentation that the Social Security Administration (SSA) needs.  Without an attorney, it is the SSA's responsibility to secure your medical records.  An attorney has experience in knowing how to request this information from doctors and other medical professionals.  Indiana Social Security Disability Attorney Scott D. Lewis sees a variety of medical records every day and knows how important good supporting medical documentation can be in getting your Social Security benefits approved. 

Here are a few key things to keep in mind when seeing your doctor and accumulating medical records:

• An abundance of pertinent records relating to your disability will usually help the Administrative Law Judge (ALJ) in finding a favorable result in your case. Try to make it easy on the Social Security Administration (SSA) by seeing your doctor(s) on a regular basis and providing the SSA with good medical records.
• Adequate progress notes can help in obtaining a favorable decision.  If your physician can document your disabilities on a consistent basis showing the disabilities you are having, it can greatly enhance your case.
• Tests verifying your disabilities can have an impact on a favorable outcome.  MRI's, EKG's, and various other objective tests showing the severity of your disability are things the SSA and your attorney can use to substantiate your case.
• A clear diagnosis or assessment of your disability is critical in getting your benefits.  The Listing of Impairments defines disabilities that the Social Security Administration recognizes.  If you have a distinct diagnosis by your physician that meets or equals one of these listings your ability to obtain Social Security Benefits is greatly enhanced.
  

Attorney Scott Lewis believes you should always attempt to have a good relationship with your medical provider, and hopefully he/she will do the things necessary to help you have a strong Social Security Claim.  Attorney Scott Lewis has experience in obtaining medical records from your doctors to help support your case. Often times, he is able to request all medical documents related to:

• Medical diagnoses 
• Mental health evaluations 
• Physical examinations, hospital & emergency room records 
• Lists of prescribed medications
• Laboratory tests

Attorney Scott Lewis and his staff strive to work with you and your doctor(s) to comply with all privacy requirements when obtaining your medical records.  For more information about obtaining the appropriate medical records for your case, contact Scott Lewis at (317) 423-8888 for a free consultation. 

Indiana residents may wonder how the Social Security Administration (SSA) determines if they are disabled.  In order to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the SSA must find you disabled.  There are many factors that go into answering this question.  Outlined below is the five-step process that the SSA uses to decide if you are disabled. Indianapolis Social Security Disability Attorney Scott D. Lewis suggest that you keep the following in mind when you decide to file a claim. 

1. Are you working?  If you are employed and your monthly earnings average more than a certain amount designated by the SSA, the SSA generally will not consider you disabled. The amount changes each year. For the current figure, visit the SSA website.  If you are not working, or your monthly earnings average the current amount or less, then they will look at your medical condition.  Many times, Social Security claimants are unclear of what earnings count.  If you have questions, contact Attorney Scott Lewis. 
2. Is your medical condition "severe"?  For the SSA to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities, such as sitting, standing, walking, and remembering, for at least one year. If your medical condition is not that considered severe, you will not be considered disabled. If your condition is severe, the SSA goes on to the next step.
3. Is your medical condition on the SSA's List of Impairments?  The SSA has a List of Impairments that describes medical conditions that are considered so severe that you automatically qualify as being disabled. If your condition (or combination of medical conditions) is not on this list, they will look to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, it will be decided that you are disabled. If it does not, the SSA goes on to step four.
4. Can you do the work that you did before?  At this step, the SSA decides if your medical condition prevents you from being able to do the work you did before. If it does not, you are not disabled. If it does, the state agency goes on to the final step.
5. Can you do any other type of work?  If you cannot do the work you did in the past, the SSA will look to see if you would be able to do other work. They evaluate your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the SSA will decide that you are disabled. If you can do other work, the Social Security Administration will decide that you are not disabled.

Are you still unsure if you would qualify as being disabled?  Call Indianapolis Social Security Disability Attorney Scott D. Lewis for a free consultation at (317) 423-8888.