Indiana Social Security Disability Lawyer Blog

Many Indiana residents attempting to receiveSocial Security disability benefits are confused about what the Social Security Administration (SSA) calls a "durational requirement". 

A durational requirement refers to a time qualification that must be met in order to receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.  A claimant's disability must be expected to result in death or be expected to last twelve consecutive months or longer to qualify for benefits. 

Indiana residents should not confuse the durational requirement with how long they must wait in order to file a Social Security Disability claim. You should file a claim immediately when you become disabled.   Some people are concerned that they will need to wait 12 months before the SSA will find them disabled.  On the contrary, you may be found disabled if your condition is expected to last for 12 months or longer.  If there is a question of duration, it might be advisable for a claimant to get a medical statement that their condition is disabling and that it is expected to last at least 12 months and furnish this information to the SSA.

So remember, while you may presently be disabled, the SSA concentrated on this durational requirement as one of the factors to determine your ability to receive Social Security disability benefits. 

Indianapolis Social Security Disability Attorney Scott D. Lewis can assist your with your claim.  For a free consultation, call Scott at (317) 423-8888 immediately.

When Indiana residents are attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, they may find themselves questioned about their Activities of Daily Living or otherwise known as ADL.

ADL are the things most people perform in the course of a regular day.  This may include personal hygiene, making meals, grocery shopping, and household chores such as doing the dishes, cleaning your home, and doing laundry.

Why does Social Security care about your Activities of Daily Living?  Social Security typically will ask claimants, or third parties, questions about the claimant's ability to perform ADL to determine whether or not they can perform work like activities and therefore be employed.  For instance, if you tell the Social Security Administration (SSA) that you are able to vacuum your house, clean your bathrooms, and do your laundry; the SSA might not find it too difficult to believe that you can do other work activities.

At the hearing level, Administrative Law Judges (ALJ's) are interested in your Activities of Daily Living.  During the claims process, questionnaires are usually completed by claimants or third parties regarding the claimant's ADL.  Who is a third party?  These are names of individuals that the claimant has provided to the Social Security Administration of people who know of their personal situation. It is important for claimant's to only provide the names of people who really know and understand what is going on in the claimant's life.  These third parties are often contacted and asked questions regarding the claimant's ADL, and it is important that they can provide correct and current information regarding the claimant's ADL.

In summary, it is important that Social Security claimants and third parties provide accurate information as to what a claimant can or cannot do. So keep your friends, neighbors, and relatives you have listed as third parties informed as to what your limitations may be.  It may help in obtaining a favorable result at an early stage of the disability process. 

Indianapolis Social Security Disability Attorney Scott D. Lewis would gladly discuss your Social Security disability claim.  For a free consultation, call (317) 423-8888.

Are you an Indiana resident filing a claim for Social Security disability?  Are you seeing a medical doctor regarding your disability?  Is your treating physician a nurse practitioner?  It's not uncommon for claimants to schedule their medical appointments with the medical office nurse practitioner rather than the doctor.  This may affect whether or not you will receive a favorable ruling on your disability claim.  

When the Social Security Administration (SSA) evaluates a claim, they will review the medical evidence submitted by your medical sources.  Treatment notes, medical documentation or records must be submitted by "acceptable medical sources."  The SSA has two categories of medical sources.  There are "acceptable medical sources" and other health care providers that are not "acceptable medical sources."  It is important to submit medical evidence that was reported by "acceptable medical sources."

"Acceptable medical sources" may include:

• Licensed physicians
• Licensed or certified psychologists
• Licensed podiatrists
• Licensed optometrists
• Qualified speech-language pathologists

Unfortunately, the SSA does not categorize nurse practitioners or chiropractors as being an "acceptable medical source."  This means that the medical evidence from a chiropractor or nurse practitioner cannot establish your medical impairment.  Although, information from other sources can be used to support your claim. These other sources may include non-medical sources such as social workers and employers; and public and private social welfare agencies; and other medical practitioners, such as physician assistants, nurse practitioners, naturopaths, and chiropractors.

Does this mean that your claim will be denied because you are not seeing an "acceptable medical source?"  Not always, the ultimate decision is in an Administrative Law Judge's (ALJ) hands.  It is important for Indiana residents to keep in mind the medical sources that the SSA prefers may enhance your ability to receive a favorable ruling. 

If you would like a free consultation with Attorney Scott D. Lewis to discuss your Social Security disability claim, call (317) 423-8888.