Indianapolis Social Security Disability Lawyer

Hoosiers who have significant injuries or mental health problems that keep them from working full time may qualify for Social Security Disability (SSD) benefits, which can provide pivotal assistance to individuals who find it hard to make ends meet because of their disabilities.  However, any SSD claimant will have to navigate a frequently confusing system before these benefits can be obtained, and the vast majority of applications are initially denied. 

But if you are having trouble getting the benefits that you deserve, turn to the Indianapolis Social Security Disability lawyers at Hensley Legal Group, who have been advocating tirelessly for SSD claimants in Indianapolis since the firm opened its doors in 1998. 

Whether you have yet to file a claim for SSD benefits or you are coping with an unfair denial, you can learn what a skilled Indianapolis Social Security Disability attorney can do for you by calling our office at (317) 472-3333, chatting with us online, or filling out our contact form now. 

What Are Social Security Disability Benefits? 

Founded in 1935, the Social Security Administration (SSA) is a federal agency in charge of administering Social Security, a social insurance program to which all American employees are required to make contributions out of their paychecks. 

While Social Security is chiefly known for its retirement benefits, it also provides financial aid for those who are unable to work because of disability, illness, or other circumstances.  The two main types of SSA disability benefits are: 

Social Security Disability Insurance 

Citizens or lawfully present noncitizens with physical disabilities or mental health issues that bar them from gainful employment might be able to take advantage of Social Security Disability Insurance (SSDI) benefits.  If you hope to be eligible for SSDI, you must satisfy certain criteria: 

• You need to have worked for a designated period in jobs where Social Security taxes were deducted from your wages.  The time that you have to accrue will depend in part upon your age, and the amount of the benefits that you can receive will depend upon how much you paid in Social Security taxes prior to your disability.  

• The condition that prohibits you from working must meet the SSA’s definition of a disability, which is “a severe impairment(s) that makes you unable to do your past relevant work…or any other substantial gainful work that exists in the national economy.”  Generally, this condition will have to “meet or medically equal a listing” of authorized disabilities, though your “residual functional capacity” can be assessed through other means if your condition is not on this list. 

Supplemental Security Income (SSI) 

For applicants who are disabled, blind, or age 65 and older but have not earned enough credits for SSDI, Supplemental Security Income (SSI) benefits may be available.  Claimants must have minimal income or no income whatsoever along with assets below a particular threshold in order to be considered for SSI, and the monthly payments tend to be much lower than in SSDI claims.   

There are a number of other key differences between the programs that are critical to understand, and some candidates might meet the requirements for both, but a knowledgeable Indianapolis Social Security Disability lawyer can explain your options before you move forward with a claim. 

How to Apply for Social Security Disability Benefits 

If you are interested in Social Security Disability benefits, you can apply for them on the Social Security Administration’s website or at your local Indianapolis SSA office.  Aside from submitting the claims application itself, you will need to append some basic materials to demonstrate that you merit consideration for SSD benefits, such as: 

• Social Security ID 

• Proof of age 

• Names and contact information of treating physicians and hospitals 

• Lab and test results 

• Most recent tax returns 

Keep in mind that SSD claims can be deeply complex, so it may be wise to partner with a seasoned Indianapolis Social Security Disability attorney from the beginning, as any careless mistake that you make could bring about a denial. 

Why Your Social Security Disability Claim May Have Been Denied 

Each year, thousands of Indiana residents apply for Social Security Disability benefits, and close to 70 percent of those applications are denied.  Though every application is unique, there are some common reasons why an SSD claim may be rejected: 

Insufficient Medical Evidence 

An applicant for Social Security Disability benefits has to put together extensive medical evidence that documents the injury or illness and shows how it directly prevents the applicant from working.  

Specifically, a physician must note in your file that your illness or injury is an insurmountable obstacle to your employment.  For example, when you are seeking benefits for a serious back injury sustained in a construction accident or a motor vehicle collision, your claim could be denied if a doctor does not state how this injury renders you incapable of working. 

Some applicants incorrectly assume that administrators at the Social Security Administration office will send them to physicians who will gather and produce the records necessary for the agency to sign off on their claims, but this isn’t always true.  When a SSA office dispatches you for an exam with a doctor, there is no guarantee that the subsequent records will prove that your personal injury is incapacitating enough to warrant benefits.

Not Following Treatment Advice 

Anyone with a potentially disabling injury or illness has to complete a suitable course of treatment before it can be concluded that his or her medical condition justifies SSD benefits.  Consequently, if you do not follow the treatment regimen laid out for you by your doctor, it may not be possible to tell whether your condition might have responded to the appropriate treatment for it, which could then result in the denial of your claim. 

Nevertheless, the SSA may still approve benefits for applicants who did not follow their prescribed treatments if it can be shown that they neglected to do so because: 

• Their religious beliefs are contrary to their treatments 

• They did not have the funds to cover their treatments 

• They were given contrasting medical opinions about their treatments 

• Their mental impairment stops them from adhering to treatment plans 

These and other objections can be used as defenses when SSD claims are appealed, though the chances of getting a denial reversed on these grounds could improve dramatically if you have a battle-tested litigator arguing on your behalf. 

Previous Denials 

Instead of appealing their Social Security Disability claim denials, some applicants will simply opt to refile, though this is typically a bad idea, since the official reviewing the application may just deny the claim again solely on the basis of the previous denial. 

As you can see, it is crucial that you make the effort to appeal a denial instead of merely reapplying, as it could afford you the opportunity to address the concerns that the SSA has raised. 

Lack of Communication 

The SSA has to be able to speak to you if it is to evaluate your claim.  If your address or phone number changes, make sure to inform the agency of the change, as an SSA representative who cannot get ahold of you will be likelier to deny or cut off your Social Security Disability benefits.  

Failure to Cooperate 

Regardless of how frustrated you feel about an admittedly frustrating claims process, it is in your interest to cooperate with those who work at the Social Security Administration office.   

If the SSA requests additional medical and employment records or other sorts of paperwork, you will do yourself more harm than good if you don’t provide them with these materials, so be sure to comply in a prompt manner.  Any failure to reply to the agency or hand over files could lead to your claim being denied. 

Yet even if you have already been penalized for not cooperating with claims administrators, it may not be too late to get in touch with the meticulous Indianapolis Social Security Disability lawyers at our firm, who will dot every “i” and cross every “t” to ensure that you remain in compliance.

What to Do When Your Social Security Disability Claim Is Denied 

When your Indiana Social Security Disability claim gets shot down, it is vital that you appeal the decision by filing a request for reconsideration as quickly as you can, since the SSA only accepts appeals that are filed within a very short window – 60 days in most instances.  

Because claims are usually denied at first, appeals are the best chances that Social Security Disability applicants have to secure approval for their benefits.  Indeed, around 67 percent of Indiana Social Security Disability applicants are awarded benefits during the stage at which appeals hearings take place. 

Essentially, if your benefits are going to be granted, this is when it is most probable, though a favorable outcome is far from automatic.  To put yourself in a position to succeed, reach out to Hensley’s Indianapolis Social Security Disability attorneys, who are committed to getting our disabled clients everything that they are owed. 

Our Indianapolis Social Security Disability Lawyers Will Be Here 

At Hensley Legal Group, we have been standing up for the hardworking men and women of Indiana for over a quarter century, treating our injured clients with the same degree of kindness and respect as members of our own families.  We know what the law demands and what the Social Security Administration judges are looking for in any case.   

If you are struggling to get your life back on track in the face of a devastating injury or illness, our Indianapolis Social Security Disability lawyers will be here to listen to the facts of your case, answer your questions, and offer you the support that you need when you need it most. 

To schedule a free case review with one of our dedicated Indianapolis Social Security Disability attorneys, we invite you to call our office at (317) 472-3333, chat with us online, or fill out our contact form today.