Indiana Social Security Disability Lawyer Blog

Many Indiana Social Security disability claimants endure a long drawn out process while trying to obtain beneftis.  The Social Security Administration's (SSA) backlog of claims may cause hardship to many families. 

In 2007,  Social Security Commissioner Michael Astrue announced the SSA's Compassionate Allowance initiative.  Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the SSA's Listing of Impairments based on minimal objective medical information. Compassionate allowances permit the SSA to quickly identify the most obviously disabled individuals for allowances based on objective medical information that the SSA can obtain quickly.  The SSA has an obligation to provide benefits quickly to applicants whose medical conditions are so severe that their conditions obviously meet disability standards.   This initiative speeds up the application process for Social Security disability applicants with any of 25 rare diseases and 25 cancers whose medical conditions are very severe. These 50 conditions were selected for the initiative's rollout. This list may expand over time.

Commissioner Astrue has held four Compassionate Allowance public outreach hearings since 2007. The purpose of these hearings were to obtain the public's views about how to implement Compassionate Allowances for children and adults with rare diseases.  These previous public outreach hearings were on:

• rare diseases
• cancers
• traumatic brain injury (TBI) and stroke, 
• early-onset Alzheimer's disease and related dementias

The Commissioner is scheduled to hold the fifth public outreach hearing on schizophrenia in November 2009.

Additional information about how compassionate allowances are processed may be found on the Social Security Administrations website. 

Indianapolis Social Security Disability Attorney Scott D. Lewis believes that the SSA's compassionate allowances initiative may greatly benefit people with certain rare diseases. If you are a claimant with a rare disease and believe that you may qualify for the compassionate allowance or believe that you qualify for another impairment, contact Attorney Scott Lewis for a free consultation at (317) 423-8888.

Chronic Obstructive Pulmonary Disease (COPD) can be recognized as a severe disability by the Social Security Administration (SSA) and an Administrative Law Judge (ALJ).  Indiana residents experiencing a severe lung impairment can attempt to receive Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits by filing an initial claim. 

Chronic obstructive pulmonary disease (COPD) is listed under the Social Security Administration's medical Listing of Impairments known as Respiratory System (Listing 3.02). Impairments caused by COPD disorders generally produce irreversible loss of pulmonary function due to: 

• gas exchange abnormalities,
• ventilatory impairments, or
• a combination of both.

The most common symptoms include:

• coughing
• wheezing
• sputum production (phlegm)
• dyspnea on exertion (shortness of breath)
• hemoptysis (coughing up blood)
• chest pain

Because the above symptoms are common symptoms among other diseases, it will be necessary to have a thorough medical examination, medical history and chest x-rays or other imaging tests in order to establish COPD .  It may even be required for more sophisticated pulmonary function testing to determine if gas exchange abnormalities contribute to the severity of a respiratory impairment. The severity of the impairment may be determined by further evaluation.  Additional testing might include measurement of diffusing capacity of the lungs for carbon monoxide or resting arterial blood gases.

If you find yourself unable to work due to a breathing impairment, it is important to seek medical attention, take appropriate medications, and keep detailed records when attempting to obtain Social Security disability benefits. 

If you have any questions regarding obtaining Social Security disability benefits for Chronic Obstructive Pulmonary Disease or any other impairment, contact Indianapolis Social Security Disability Attorney Scott D. Lewis at (317) 423-8888 for a free consultation. 

Indiana residents filing a claim for Social Security disability benefits may find themselves answering many questions when they finally appear in front of an Administrative Law Judge (ALJ).  The quality and credibility of your testimony may have a big impact on the outcome of the hearing.
While there is no one answer on how to give testimony at a Social Security disability hearing, there have been few things that I have experienced as Indianapolis Social Security Disability Attorney that clients should be aware of when addressing the ALJ. 

I advise my clients to always be honest when testifying.  Many Administrative Law Judges have done hundreds if not thousands of Social Security disability claims hearings and can typically detect when a claimant is not being truthful.  Some judges may try to catch a disability claimant that is trying to tell a lie by asking questions that often lead the client into contradicting their previous testimony.  So, it is my belief that honesty is always the best policy.

Stay focused.  If you are being questioned about your "back" impairment, try to stay on that subject.  The other impairments you experience will hopefully be covered through more questioning.  It is important to elaborate on your disability, letting the judge know how it interferes with your life, the severity of the pain you experience, and the side effects the medications may have on you, among other things.  It's critical that you get this information across to the judge.  

Inform the judge of the things that you cannot do. Many people do not want to admit they have a disability that hinders their ability to do daily activities.  When attempting to obtain disability benefits, at times you will need to swallow your pride.  If you need help with daily activities such as grooming, laundry, cooking, etc. it is important to inform the judge of these difficulties.  This is no time to pretend you are a superhero when you are not.  Remember, you are at the hearing to prove that you are disabled so take that opportunity to share the facts.

Always remember that the judge is trying to decide if you can work.  Don't let non-supportive information become your only reason for wanting disability benefits.  The fact that it is a bad economy and that is why you cannot find a job has nothing to do with your disability.   Additionally, the judge does not want to hear that you don't understand why you can't get disability when there is a neighbor receiving Social Security benefits and there is nothing wrong with him. At the hearing, it is about you and why you cannot work due to your disability.

Be likable.  The judge is a person just like you.  I am not saying to go out of your way to compliment him on his robe, but attempt to come across as someone that, at a minimum, he might be able to identify with.  With that being said, he or she does understand you may be in pain or have a mental illness, but I believe it may hinder your chances of winning if the judge cannot wait for the hearing to end because of what he or she perceives as an attitude problem.   

I believe these are just a few helpful tips when appearing before an Administrative Law Judge.  These are only based off of my experiences and other attorneys may have other ideas regarding the same issues.  If you would like to discuss your Social Security disability claim, contact my office at (317) 423-8888.

Indiana Social Security disability benefit recipients often ask if their benefit is taxable.  If you are approved for Social Security disability benefits, your benefits may be taxable. You may have tax obligations if you have other sources of income besides your disability payment, or if your spouse earns a substantial income, and there also may be other factors that may affect your tax situation.  Taxable Social Security benefits may include monthly Social Security Disability Insurance (SSDI). Although, Supplemental Security Income (SSI) payments are not considered taxable income. If you have income in addition to your benefits, you may have to file a return even if none of your benefits are taxable.  Each personal financial situation with regard to Social Security disability benefits can be unique.

It is always important when working with income taxes to either consult a tax professional or do your own extensive research when preparing your taxes.  The IRS website can be helpful when determining whether your benefits are taxable or not.  The above information concerning taxes and social security benefits should not be construed as tax advice, but rather a brief summary of information gathered from various sources.

If you would like a free consultation regarding Social Security disability benefits, please contact Indianapolis Attorney Scott D. Lewis at (317) 423-888 for a free consultation.

Applying for Social Security disability benefits is not the only thing you can do on the Social Security Administration's website. Do you get frustrated with the long wait while visiting the Social Security Administration (SSA) or get annoyed by being placed on hold before a real person answers your call?  In our fast paced technology rich world in many cases you do not have to stand in a long line at a social security office or be placed on hold trying to contact the SSA through a toll free number.  For those that have internet access, you can simply go to www.ssa.gov and see if what you need is at your fingertips.

You may be surprised by some of your options available at SSA's website.   Some items available to you are:

• you can find out if you qualify for benefits;
• you can apply for benefits; or
• see what your benefits might be in the future

If you are already receiving benefits, you can:

• file a change of address or phone number
• ask for a letter proving your income

If you have misplaced your Medicare card, you can get a replacement just by applying online.  You can even get information of on requesting a Social Security card.  The SSA's website is very informative and many resources are available such as forms and publications.  You may find the easiest way to locate your local Social Security Administration office is by visiting the SSA's website.  

These are just some of the topics that may be of value to Indiana residents who need to interact with SSA or perhaps apply for Social Security disability benefits.  If you didn't know, there is even a tutorial video about the website.

So if you do not want to waste any more of your valuable time by waiting in lines or have your phone glued to your ear, you might want to visit www.ssa.gov and see if what you need is just a mouse click away.

For more information contact my Indianapolis Social Security Disability Law Office at (317) 423-8888.  I am Attorney Scott D. Lewis and I offer a free consultation regarding your Social Security disability claim.