Indiana Social Security Disability Legal Questions

If you have medical documentation to support your son's diagnosis, we would strongly suggest that you apply for either SSDI or SSI.  Depending on his work history, credits etc will determine if he meets the standard for work credentials.    Feel free to call our office at 855-254-7841 with any additional questions.         ... Read More

You would call the attorney or local SSDI office and ask them if you were to receive back pay.  This is determined based on a number factors including your Original Onset Date of Disability under the law.    Attorney Scott F. Bocchio Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read More

Absolutely, file the appeal and let the SSA determine if your son is eligible.  You have the right to file that appeal and should take full advantage of it.    Feel free to call my office if you have any additional questions. Sincerely,   Attorney Scott F. Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read More

You should apply for Social Security Disability and see if your eligible.   Our office would be happy to assist and answer  any questions you may have regarding the process.    Sincerely,   Attorney Scott F. Bocchio P 855-254-7841 www.yourlegalrightsadvocates.com ... Read More

Social Security Disability Insurance (SSDI) is not a [financial] needs-based benefit but your Social Security retirement benefit made available earlier because you are disabled.  Be sure that you are not receiving even $1 of Supplemental Security Income (SSI).  That is a needs-based benefit with Ticket to Work provisions and other restrictions.  If you are, please note that through 2025, you can earn more.  You can also contribute to an ABLE Account.   Your safest course may be to consult with a member of the National Academy of Elder [and Special Needs] Attorneys.  You can use the Find a Lawyer function on the organization's website (www.naela.org)... Read More

Yes, and that is an excellent idea.  Social Security Disability laws are very specific, and what a person has to prove to be awarded benefits is not exactly what common sense would indicate.   I always explain the "end game" to my clients - in other words, what will we tell the judge at hearing.  The we work toward making sure the file contains all of our backup documentation.  Medical records are crucial of course, but educational records and statements from former co-workers can be very helpful as well.      ... Read More

It depends where you live and when you requested your hearing.  Go to http://www.ssa.gov/appeals/DataSets/01_NetStat_Report.html and type in your State name, or, if you know it, the city in which your hearing will be.  If you have received a letter from the Office of Disability Adjudication and Review, the City and State on that letter should apply.... Read More

If you're doctor is encouraging you to seek disability, apply.  If you are eligible for "retirement" at 60, I can only assume that is from your company or Union as the minimum age for SSA is 62.  If my assumption is correct, and you are successful with a disability application to SSA, your "retirement" could be a disability retirement from the company or Union and hopefully there would be no discount for having to take it early. It is a good idea to have an experienced attorney to help you with your application, although it is not required.  If you click http://www.lawyers.com/Social-Security/Indiana/browse-law-firms-by-city.html it will take you to a page of Indiana Social Security law firms.  Review this excellent article about choosing a lawyer http://research.lawyers.com/Selecting-A-Lawyer.html. Remember, you can apply on your own in person, by phone, or online.  If you are denied, seek a competent lawyer.    ... Read More

The answer to your question is yes, you can get another attorney.   Does the attorney or members of the attorney's staff know that you are unhappy and not satisfied with the performance thus far?  In my experience, communication broke down somewhere, and a little effort, from both sides, can remedy the problem. However, move cautiously and wisely, and in sequence if you decide to fire your attorney.  No doubt you have a fee agreement.  If you have one, and before you fire an attorney, review http://www.ssa.gov/representation/fee_agreements.htm as it relates to fee agreements.  If the attorney does not agree to waive the fee for work done "thus far" it may be very difficult to find an attorney that will take your case. After all of the above, advise the attorney you want to discharge her or him, and request that a letter be sent to SSA and a copy to you.   Politely request that the fee be waived (no fee charged).  Make it clear that you will pay expenses, and go pay them before the letter is written as a show of good faith if the attorney agrees to waive the fee.  But remember, they do not and are not required to waive it.  Fees and expenses are two different things - re-read the fee agreement if you don't understand. CAUTION: industry-wide, not just in Social Security, but in all areas of the law, attorneys are very skeptical of being the "second" lawyer on a case.  Fair warning. Of course, click the house at the upper left to "Find a Lawyer" if that is indeed what you end up having to do.    ... Read More

Anyone can apply for Social Security Disability. A felony conviction does not prevent application. However, as indicated below, there is a medical approach to the definition of disability, and I don't think this legal theory of disability will work. "Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if: You cannot do work that you did before; We decide that you cannot adjust to other work because of your medical condition(s); and Your disability has lasted or is expected to last for at least one year or to result in death. According to the Social Security website: To decide whether you are disabled, we use a step-by-step process involving five questions. They are: 1. Are you working? If you are working in 2011 and your earnings average more than $1,000 a month, you generally cannot be considered disabled. If you are not working, we go to Step 2. 2. Is your condition "severe"? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to Step 3. 3. Is your condition found in the list of disabling conditions? For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, we have to decide if it is of equal severity to a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4. 4. Can you do the work you did previously? If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5. 5. Can you do any other type of work? If you cannot do the work you did in the past, we see if you are able to adjust to other work. We consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.     ... Read More

This is what it says in answer to that question on SSA's website http://www.socialsecurity.gov/pubs/10024.html:   Some people who get Social Security will have to pay taxes on their benefits. Less than one-third of our current beneficiaries pay taxes on their benefits.   You will have to pay taxes on your benefits if you file a federal tax return as an "individual" and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.   For more information call the Internal Revenue Service's toll-free number, 1-800-829-3676.   Publication 915 is also available on the IRS Web site http://www.irs.gov/formspubs/index.html?portlet=3   If you wish to have federal taxes withheld from your check, see "Can I have federal taxes withheld from my Social Security check?"   The Social Security Administration has no authority to withhold state or local taxes from your benefit.  Many states and local authorities do not tax Social Security benefits.  You should contact your state or local taxing authority for more information.   Tax law is very complex.  Please talk to a tax specialist if you have any questions about taxes on your social security benefits.  ... Read More

You probably can't get the first lawyer to do as you request.  At most, he might withdraw but make clear that he will file a fee petition, which the rules allow.   The reason lawyers don't want to take this on is that when the case is over, and if you win, the first and second lawyer will have to file a petition to have their fee approved.  The second lawyer will have taken the case not knowing how much, if any, they will be paid.  The first lawyer has done work and has time into your case.  There is a quantum meruit http://en.wikipedia.org/wiki/Quantum_meruit  argument that the first lawyer can make for a portion of the fee, which to some extent, will likely be approved.  You are not without hope of finding a representative.  Legal clinics through law schools or Legal Aid offices may be able to help you.  They sometimes require a rejection letter of your case from several lawyers – find out if there are such requirements.  Those organizations are not concerned about the fee.  When the first lawyer files a fee petition, you will have the opportunity to comment if you so choose during the fee petition process.  http://ssa.gov/representation/fee_petitions.htm  Good luck.  Michael J. Haller, Jr. http://haller-law.com  ... Read More