Indiana Social Security Disability Lawyer Blog

Are you nervous about your upcoming disability hearing?  When I talk to my clients before their hearings, one of the most common things they talk about is how anxious they are.  Many of them seem to be on the verge of an anxiety attack when they enter the hearing room.  I attempt to prepare my clients for this big day by letting them know what the atmosphere of the hearing will be like, the types of questions they will be asked, and what they should talk about (or not talk about) when they answer those questions.  I have seen some attorneys and representatives who do not prepare their clients for their hearings at all, or they do so in the waiting room right before the hearing.  It is my practice to speak with each of my clients a day or two before the hearing; we have plenty of time to prepare, but it's close enough to the hearing that the client will remember everything we talked about.  I usually spend between 45 minutes and an hour letting them know exactly what to expect at the hearing.  Of course, no matter how well-prepared we are, hearings can take many unexpected turns and there can always be surprises.  However, I know from experience how the majority of hearings are conducted and what issues are likely to arise, and I am able to explain to my clients what they should expect.

Fist, it is important to remember the hearing is supposed to be informal.  In other words, most of the Administrative Law Judges do not follow strict trial rules and procedures.  Does this mean you can talk out of turn and interrupt others at the hearing?  No; you still must wait your turn and be respectful.  Most judges give everyone an opportunity to talk, so I believe it is important to be patient until you are given the chance to speak.  In my experience, judges aren't really interested in your financial distress or in the fact that your neighbor down the street receives Social Security disability benefits even though he has nothing wrong with him.  The judge is focused on a single issue: how your disabling condition prevents you from working. 

I have appeared at hearings in front of Administrative Law Judges from all over Indiana and the United States.  When I prepare my clients for their hearings, I explain the three categories of questions asked by most of those judges:

• General questions.  These are usually the "easy" ones that you won't have to work too hard to answer.  However, it is very important that you answer them truthfully, even if the answer is a little embarrassing.  These questions include your name, age, height, weight, marital status, number of children, who lives with you, drug or alcohol use, and whether you have been arrested or incarcerated.  The judge may ask other questions in this area depending on the facts in each individual case.
• Job history questions. These questions are necessary because the Social Security Administration has to decide if you are able to perform your previous work with the disabilities you currently experience.  In making this decision, the SSA may only consider jobs that (1) you performed during the last 15 years and (2) lasted over three months. 
  
• Questions concerning your physical and mental impairments.  This is usually by far the most extensive line of questioning.  These questions can include the names and specialties of the doctors you see; your diagnoses; any surgeries or procedures you've had; any pain you might experience; your limitations on sitting, standing, walking and lifting; how your disabling conditions contribute to your inability to work; and how your disabling conditions prevent you from performing activities of daily living such as cleaning, shopping, bathing, dressing, and other activities. 
  

Does this list cover everything you can expect at your hearing?  Probably not, because all hearings are unique depending on the circumstances.  However, I have appeared at hundreds of hearings, and in my experience most hearings follow this outline.  When I prepare my clients for a hearing, I'm not just helping them get ready;  I'm making sure I am ready and have all the information I need to present a good case.  I do not want surprises at the hearing; I want to know what my client is going to say and why they are saying it.  In my opinion there can be good and bad ways to answer questions at your hearing, and a well thought-out explanation to the judge may help him better understand your disability claim. 

 

As an Indiana Social Security attorney, the majority of my clients suffer from back pain. I personally have occasionally experienced back pain that makes it hard to move around, and I sometimes wonder what my life would be like if the pain was present all of the time. I believe it would be difficult, if not impossible, to work a full time job if this was happening to me on a constant basis. I can sympathize with my clients when they describe their pain to me, but I also realize sympathy is not what they want. They want to be able to provide for themselves and their families when they are unable to work due to back problems. It is important for Social Security disability claimants to know there is a very specific way the Social Security Administration (SSA) looks at impairments involving the spine.

One of the first things the SSA looks at when examining claims involving the spine is whether or not the individual meets or equals a "Listing". The SSA publishes a set of guidelines that details what the SSA considers to be disabling conditions. Listing 1.00 covers the musculoskeletal system.  Listing 1.04 specifically covers disorders of the spine, and in order to meet it you must have objective evidence (e.g., medical tests or imaging) of your impairment. MRIs can be of great importance when attempting to show you meet or equal this listing. You usually cannot depend on the SSA to send you for the appropriate testing and imaging; instead your own physician must conduct testing or refer you for testing that proves you have the required criteria. When I am trying to prove that a client meets or equals this listing, I send questionnaires to the treating physicians requesting they provide relevant details about the client's condition.

In my experience practicing this type of law in Indiana, most individuals do not meet or equal a listing.  However, it is still possible to be found disabled without meeting the listing.  Usually, to show that my clients are disabled due to back problems, I have to show that they have such a reduced physical capacity that they simply cannot perform the duties required to work a full time job.  If you are unable to sit, stand, or walk for the lengths of time employers require from full-time employees, you may win your claim.  The pain you experience from your back may also force you to lie down during the day.  Vocational experts at hearings typically testify that (literally) laying down on the job is not tolerated by employers.  Also, if your pain will keep you off-task or unable to perform your job duties for too much time during a workday, you may also be considered unemployable. 

So what do you do if you are unable to work due to back pain?  Apply as soon as possible.  It is a common myth that you must wait twelve months after becoming disabled before you can apply for benefits - it's simply not true.  To meet the "duration" requirement for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you only need to have a condition that has lasted or is expected to last twelve months.  I have represented hundreds of clients and understand how confusing this process can be.  I provide a free case evaluation and can answer most questions over the telephone.   

Practicing Social Security Disability law in Indianapolis has opened my eyes to how many people suffer from diabetes.  Many of my clients suffer from several different disabling conditions at the same time, and more often than not, diabetes is on their list.  At your disability hearing in front of the Administrative Law Judge (ALJ),  the judge is required to consider all of your severe impairments when determining whether you are disabled.  Therefore, it is very important to let your attorney or representative know if diabetes contributes to your inability to work.  I talk to my clients extensively about how diabetes keeps them from working so I can better understand their limitations and present them to the judge.

Diabetes mellitus (or simply diabetes) occurs when a person's blood glucose level, commonly called "blood sugar," is unacceptably high, usually due to poor insulin production in the body.  Diabetes is labelled as "type I" or "type II".  The symptoms of diabetes can include:

• Frequent urination
• Numbness and tingling in the hands and feet
• Fatigue
• Blurred vision

In my practice, the most common reason my diabetic clients find themselves unable to work is the tingling or burning known as neuropathy in their hands and feet.  They also suffer other symptoms that keep them from working when they are unable to control their diabetes with medication or insulin.  In my experience as a disability lawyer, the inability to stand and walk can greatly reduce the number and types of jobs a person can perform.  Many of my clients with neuropathy or swelling in their legs and feet cannot sit for very long without pain, and they are required to elevate their legs to relieve that pain.  These limitations reduce their "physical residual functional capacity" - the types of activities they are physically able to perform once their disabling conditions are considered. If the Social Security Administration (SSA) finds that  your capacity to perform work-like activities is too low, it may find that you  cannot work.  The SSA must consider all of your symptoms from diabetes, including those that occur when your blood sugar is too low.

In my experience, most judges pay close attention to whether you are compliant with medical treatment and medications.  If the judge finds that your symptoms are the result of your failure to take your insulin as prescribed, she may find that your symptoms are preventable, and therefore not really keeping you from working.  Receiving consistent treatment from a physician who specializes in diabetes mellitus, and complying with that treatment, may be very beneficial in getting the benefits you deserve.