The Social Security Administration uses common sense when it comes to determining that a person has a medically determinable impairment. If a physician can diagnose a patient based on conditions beyond a person’s description of symptoms, the Social Security Administration (SSA) very often finds the person to have a medically determinable impairment. For example, as an Indiana Social Security disability attorney can explain, the SSA may require that a person’s diagnosis of fibromyalgia be based on a doctor’s counting tender points. Sometimes, however, the SSA may determine that a patient’s description of symptoms alone is acceptable in determining a person’s impairment. An example of this would be migraine headaches. These types of headaches are medically determinable based on a patient’s description of specific symptoms when a doctor can’t make any other diagnosis.

The Role of Doctors in Disability Determinations

An Indiana Social Security disability lawyer can explain that the SSA does not require a patient’s doctor to have any familiarity with deeming a person disabled. Finding a person disabled is not the doctor’s job; the term “disabled” refers to legal rather than medical determinations. Therefore, a doctor stating that a person is disabled carries little weight with the SSA. The SSA is more concerned with the doctor’s opinion in regards to what activities or work a patient can perform.

Contact an Indiana Social Security Disability Attorney for Assistance

Determining whether a person has a medically determinable impairment is an important part of a disability claim. If you need legal advice on the matter, call Indiana Social Security disability attorney Martin Barnes at 317-804-5058.

When applying for Social Security disability benefits, it is important to understand the minimum requirements to qualify. An Indiana Social Security disability attorney can explain these in more detail to you.

What Is the Duration Requirement?

One of the requirements is the duration requirement, which states that your medical impairment must have lasted or be expected to last for at least 12 continuous months. (This does not apply if your impairment is expected to end in death.) Some claimants wonder whether their condition will qualify if it waxes and wanes and goes through periods of remission; however, that is usually not an issue. As your Indiana Social Security disability lawyer will you tell, you cannot claim multiple unrelated impairments and add them together to get 12 months.

Denials and Delays

The SSA usually denies applicants based on the duration requirement in cases where the impairment has not lasted for 12 months and it is likely to improve within 12 months, as your Indiana Social Security disability attorney will tell you. If there is ambiguity as to whether it will improve before the requirements is met, the state agency decision-maker might issue a delay in your case to see if it improves.

The SSA process is slow and bureaucratic, so it is likely that if you get to the hearing stage, 12 months will have already passed by the time you get to the hearing, which will give you and your Indiana Social Security disability lawyer an opportunity to make a more persuasive argument.

If your condition improves after the 12-month requirement is met, your Indiana Social Security disability attorney might ask for a closed period of disability.

Contact Us

To find out if you are likely to qualify for disability benefits, contact an experienced Indiana Social Security disability attorney. Call Martin Barnes at 317-804-5058.

Similar to how every Indiana Social Security disability attorney approaches a disability case differently, every administrative law judge (or ALJ) generally conducts disability hearings in a unique way. So what should you expect from your Social Security disability hearing?

Social Security Disability Hearing Guidelines

The Social Security Administration sets down broad national guidelines for administrative law judges to follow while directing hearings. However, the Administration understands that judges prefer to have some freedom regarding the structure of disability proceedings, so it does allow for administrative law judges to customize certain aspects of disability hearings.

Factors Within an Administrative Law Judge’s Control

For example, some ALJs prefer case witnesses to be present in the courtroom during a disability claimant’s testimony, while other administrative law judges prefer to exclude witnesses from a majority of the hearing procedure.

Sometimes administrative law judges do not want to extensively question claimants regarding their disability case, but others want to know every detail of the claimant’s statement inside and out. ALJs may also alter the tone, style, and speed of proceedings when overseeing a disability case where a claimant retains a veteran Indiana Social Security disability attorney (versus a case where a claimant opts for self-representation).

An ALJ’s Role in a Disability Hearing

An administrative law judge can customize almost every aspect of a disability hearing assuming that he or she allows a claimant to present evidence and witnesses regarding a supposed disability.

If you are trying to gain Social Security disability benefits but have never experienced a disability hearing, you should seek help from a trusted Indiana Social Security disability attorney. Call attorney Martin Barnes now at (317) 804-5058.

A determined Indiana Social Security disability attorney never gives up on a client’s disability case, even if the court rejects the initial disability claim. If your disability claim is rejected, you can work with your lawyer to appeal the ruling.

What should you expect from the appeals process?

If an administrative law judge denies your request for Social Security disability benefits, you have the option to appeal. Your disability lawyer can inform you about the appeals process, which is called “reconsideration.”

Is there a time limit for appealing the court’s ruling?

Yes; a rejected claimant must appeal the ruling within 60 days by filing a new application. It is always better to apply earlier rather than later in order to jump-start the legal process, since it can take a significant amount of time to get the ball rolling on a new application.

The 60 day timeline applies to the reconsideration hearing as well; if the court denies your appeal, your Indiana Social Security disability attorney is required to apply for a reconsideration hearing within 60 days.

What reconsideration options do you have?

Your attorney can appeal in person, online, or via telephone. You should ask for a signed copy of your appeal letter from the Social Security Administration. If you apply online, you should always print a copy of your online appeal for your records. Keeping a copy for your records ensures that you have proof of your on-time application.

Are you looking for a dedicated Indiana Social Security disability attorney who won’t leave your side throughout the appeals process? Call Martin Barnes immediately at (317) 804-5058.

Fatigue is one of many types of disabilities that individuals can get Social Security disability benefits for. If your disability claims process for fatigue has advanced to the hearing level, you need to consult with an Indiana Social Security disability attorney prior to your hearing so that you can provide the administrative law judge with the necessary information he or she needs to make an informed decision.

 The Necessary Information to Provide At Your Disability Hearing

Fatigue is a complex medical impairment to qualify Social Security disability benefits for. The reason is that the symptoms are not well-defined. As such, your Indiana Social Security disability attorney will advise you to provide as much detail as possible at your hearing with regards to the following:

• The date when your fatigue symptoms started.
• The exact symptoms of your fatigue.
• What worsens your fatigue.
• Provide specific examples of what worsens your fatigue symptoms.
• What time of the day do you feel fatigued the most.
• What makes your fatigue better.
• How your fatigue affects your sleep pattern.
• How much rest do you need to improve your fatigue symptoms so that you can continue with your day.
• How your fatigue affects your daily activities.
• How your fatigue affects your ability to be gainfully employed.

Your Indiana Social Security disability attorney will also prep you as to how you should answer any questions the administrative law judge asks you with regards to your disability.

Call Us

For more information about your Social Security disability hearing, call (317) 804-5058 to schedule a complimentary consultation with Indiana Social Security disability attorney Martin Barnes.

In Social Security disability hearings, witnesses are similar to job references; they can lend credibility to a candidate’s claims.  An expert Indiana Social Security disability attorney will know how to best utilize witnesses to a client’s advantage throughout the hearing.

When are witnesses introduced in a hearing?

• After the claimant’s testimony
• Before a medical or occupational expert’s testimony

Why are witnesses so important?

• They support the petitioner’s testimony.
• In addition, they provide an outside perspective regarding a Social Security disability applicant’s suffering, medical needs, and limitations.
• They can sometimes communicate more effectively than the disability applicant.

What happens after a witness’ testimony?

• The administrative judge will call a medical or vocational expert to the stand for testimony regarding the disabilities of the Social Security candidate.
• The claimant’s Indiana Social Security disability attorney is usually allowed to complete a closing argument after all testimonies (either in person at the hearing’s summation or afterward in writing).

When will an applicant receive the hearing results?

• Sometimes a judge will announce the verdict instantly.
• If a judge decides to release the results immediately, a written decision will always be mailed to the candidate and his or her Social Security lawyer a few days after the conclusion of the hearing.
• If a judge does not release the verdict directly after the hearing, applicants must usually wait awhile for news of the result.

Contact Us

Although even a skilled Indiana Social Security disability attorney cannot form the ideal witness out of thin air, he can choose the best witness to coach in order to help you.  If you want a capable lawyer on your side, call Martin Barnes today at (317) 804-5058.

According to the Social Security Act, a claimant must meet certain criteria to qualify for either the Social Security disability program or the Supplemental Security Income program. Consulting an Indiana Social Security disability attorney can help you determine if your disability meets the requirements for assistance.

Eligibility criteria

• Your disability must be medically determinable. This means that your disability consists of a physical or mental difficulty that resulted from an anatomical, psychological or physiological abnormality.
• This disability must be verified by accepted medical diagnostics.
• Your disability must qualify under the “duration requirement,” which means that it ought to have already lasted a 12-month period, or is expected to do so. This also applies when the condition is expected to result in death.

Employment

In addition to other factors, such as your age, education and work experience, your Social Security disability attorney will examine your relationship with employment. You may qualify for Social Security disability if your disability prevented you from working in the past and will prevent you from working a widely available job in the future.

Keep in mind that the Social Security Act specifically excludes disability caused by drug or alcohol use. Should you suffer from drug or alcohol addiction, the Act specifies that this does not constitute a disability. 42 U.S.C. § 423(d)(2)(C).

The Supplemental Security Income program

The criteria listed above also apply to the SSI program. If you qualify for the SSI program, you may be eligible for minimum income allowance. Although the funding still lies below the federal poverty line, this program particularly assists those who have not worked enough to qualify for more substantial SS disability benefits.

As an Indiana Social Security disability attorney, Martin Barnes can help you determine whether you fit these criteria and if you should proceed with your case. Please contact him at (317) 804-5058.