Indiana Social Security Disability Lawyer Blog

It may be a surprise to know that not long ago Social Security disability claimants could have received Social Security Disability Insurance (SSDI) benefits for having alcoholism and substance abuse problems.  Presently, alcoholism and substance abuse problems may be a huge barrier to obtaining these same benefits.  In 1996, Congress passed an act that prevented claimants that suffer from alcoholism and/or substance abuse to receive SSDI benefits.  Claimants that suffer from substance abuse addictions or alcoholism may find themselves receiving an unfavorable decision by an Administrative Law Judge (ALJ).

Before taking a look at the effects of the substance abuse or alcoholism, the Social Security Administration (SSA) will focus on the physical or mental impairment of the Social Security claimant.  If the SSA determines there is a disabling condition, the SSA will then consider the medical evidence showing a history of alcoholism or substance abuse.  At that point, the SSA will decide if the alcoholism or drug abuse is a contributing factor to that person's disability.

The key question is whether the alcoholism or drug abuse "materially" contributes to the disabling condition.  Social Security may ask that if the addiction was not there, would the claimant still be disabled. 

It is important in these types of claims for the social security claimant to seek treatment and be in a treatment program.  Not all Administrative Law Judges are sympathetic to the plight of an addiction.  So if you are attempting to seek social security disability it is important to keep the above in mind when assessing your eligibility for Social Security benefits. 

Indiana Attorney Scott D. Lewis is an experienced Social Security Disability Lawyer that can help you with your claim.  Contact Scott Lewis for a free consultation at (317) 423-8888.   

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.   

Often, Indiana Social Security Disability Claimants wonder how they can effectively work with their attorney in order to help their case.  In my experience as an Indianapolis Social Security Disability Attorney, I have found just a few things that my clients can do to enhance the chances of winning their Social Security claim and also help maintain a good working relationship with my office.

Continue to see your medical professionals.  As your attorney, I can argue until I am blue in the face to the Social Security Administration (SSA) about how disabled you are, but if we don't have good supporting medical records the SSA usually doesn't hear us.  If financially affordable, continue to see your physicians and accumulate medical documentation to support your case.

Meet deadlines.  If you receive materials that are time sensitive, make sure you meet those deadlines.  Before hiring an attorney, you may be responsible for filing your appeal.  Failing to meet these deadlines may result in starting the Social Security process from the beginning again.  Once you hire an attorney to represent you, they strive to meet these deadlines, but can still use your input.

Communication.  If your disability worsens or you go back to work, contact your lawyer.  There are certain times when a worsening condition may need to be addressed with the SSA in order to expedite the process.  Also, if you have returned to the workforce and no longer are seeking Social Security benefits, you should alert your attorney so he can assess the situation and possibly facilitate in withdrawing your Social Security claim.

Be patient.  We understand the stress your disability and the lack of funds can put on a claimant's life. Unfortunately, the Social Security Claims process in Indiana can be very long.  We, like our clients, get frustrated with the long waiting period.  It is important to realize that this process is more like a marathon than a sprint, and to win you must stick with it and attempt to keep your head up.

These are only a few things I find clients struggling with everyday. At the our law firm, it's our goal to discuss these issues with our clients, and help them understand the importance of the end result we are all striving for - a favorable outcome.  For a free consultation, call 317-423-8888.