This next part is for my readers who treat brain injury.  You can be of great assistance to your patient if, when you are asked to provide a report documenting your opinions about the patient’s ability to work, you write the report to include references to the medical record that support your opinions and conclusions.  Unsupported opinions carry little weight with the Social Security Administration.  Even if your opinions are dead on accurate,   if they are not supported by corresponding references to the record, you might as well have not taken the time to write the report. Please take your time when you write that report.  An accurate report to the SSA is very important to your patient’s well being.

Brain injury which causes severe neurological affect, i.e. paralysis, dysphasia, severe executive dysfunction, etc are fairly straight forward in terms of proof.  It is the brain injury which has responded well to treatment, but still leaves the survivor with subtle issues such as fatigue, short term memory loss and the need for increased completions times.  These survivors also face the well known prejudice, “They look okay, they must be okay”.  For these survivors, the report may well be the most important piece of evidence.  I also suggest letters from failed work attempt employers and or failed class teachers. Many times survivor’s recoveries are significant,  and relative to their immediate post injury condition, the patient is doing very well.  This, however, does not always mean the patient is back to their pre injury function or that they can return to employment. So, doctors, you must explain in your reports that although the patient has improved significantly, that does not mean they are employable in a competitive job.  You must point out why this is using references to your medical records.  Otherwise it is too easy for the SSA to say, well they look good and the doc says they are much improved, they must be able to work.

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If you are fortunate enough to have insurance and have medical documentation of a disabling condition, the medical records alone may not be enough to prove your claim.  In the case of chronic pain, or a brain injury, or chronic fatigue, often times the effect of the condition on the body is more severe than conventional testing can detect.  In the case of pain, there is generally no objective test to support the claim.  Thus the Administrative Law Judge will be forced to make a decision about whether he/she finds the claimant’s complaints “Credible”.  The first step in this process is to determine whether the claimant has proof of a medically determinable impairment.  The next step is to determine what symptoms, including pain, the impairment(s) is likely to produce.  The third step is to determine what limitations the impairment(s) is likely to produce in terms of ability to lift, walk, sit, and stand.   The next step is to obtain information from the claimant, in the form of testimony y, doctors records and test results.  The ALJ compares the medical report information with the claimant’s testimony to see if they are consistent.  If they are consistent, your credibility goes up.  If they are inconsistent your credibility goes down.  Being given less than full credibility can result in you being denied your benefits. The lesson here is to be fully honest with your doctors and the Administration.  In that case, your credibility will  likely go up and improve your chances of obtaining your disability benefits.

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                There are a few ways to apply.  In no particular order, you can apply online, over the phone or through an in person interview.  If you require the assistance of a lawyer in applying   I would assist you in applying on line.  The Social Security Administration website is easy to use and helpful.  You can access the site at www.ssa.gov. On the first screen there is a pull down tab for your application.  Click on this tab and away you go.  If you go to your local SSA office, you will apply in person.  These folks are generally helpful and take some of the worry out of the application process.  The down side is that you have to leave your home and the lines at these locations can be problematic. 

                No matter what method you choose to use, a few preparations will make the process less stressful.  Make four lists. 1. List of medical care providers with addresses. 2. List of Medications with side effects. 3. List of all illnesses, injuries or diseases which cause you to be disabled, and finally, a list of your employers for the last 15 years.  This is essential information that might escape you at the time of application. 

                If you have any questions, or help call John P. Young at 888-639-5161 or email Mr. Young at john@youngandyoungin.com.

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So, the Social Security Administration rules and regulations allow for trial work periods.  If you apply for benefits, you may try to reenter the work force while your application is pending without prejudice to your application if you are unable to continue that work.  The rules are contained in the Code of Federal Regulations, 20 CFR Sec. 1592.  Under this provision, if you are unable to work for nine consecutive months, then this work will not be evidence that you are able to work.  If you work more than 9 consecutive months then the work will be considered in making the disability decision.  It is my experience that Administrative Law Judges look favorably on those with failed work attempts, especially in those cases where the judge’s discretion is key to the case.  What I mean is if your claim is a “close call”, a failed work attempt may serve to increase the claimant’s credibility and give them the benefit of the doubt.

If you have a claim pending, are not currently represented, and have a question about attempting to work while your application is pending, please give a call.  I may be able to answer your question quickly, and give you a little peace of mind.

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Lets use hard numbers as an example of what I am talking about.  Assume that Jane Doe is entitled to $1,500.00 dollars per month in retirement benefits  if she waits until her 65^th birthday to retire.  Lets also assume that if she takes early retirement, her benefits will be $1,200.00 dollars per month.  Let’s say Jane becomes disabled on her 62^nd birthday.  Should she file for early Retirement, Disability or Both?  The answer is both.  If she applies for Early Retirement, she will start receiving her monthly benefit immediately so she will have a guaranteed $1,200.00 dollars a month she can depend on.  Usually, it takes some time for the disability process to conclude that the applicant is disabled.  However, when the disability is finally approved, Jane will be entitled to her full monthly benefit of $1,500.00.  So what happens to those months where Jane received only $1,200.00 dollars while she was receiving Early Retirement?  She will receive,  in a lump sum payment, the $300.00 dollars per month she should have received,  but did not because her disability application was pending.  Note however, that the first five months of disability payments are eliminated (The rules require that benefits start only in the 6^th month after the onset of disability).  So for those five months Jane will not receive the additional $300.00. 

So now you know that if, a loved one or friend is applying for Social Security, they are between 62 and 65 and they are disabled, they should apply for both Social Security Early Retirement Benefits and Social Security Disability Benefits.

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No, a settlement or judgment from your personal injury claim will have no impact on your Title II Disability claim.  There is a chance that your serious personal injury settlement may impact your Medicare benefits.  Each case is unique, so it is impossible to say in what instances your Medicare will be affected by your personal injury settlement, but when we represent you in your claim for compensation from a serious personal injury claim, we will also work closely with you on your social Security Disability claim, and Medicare claim to ensure your rights are protected.

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The other type of disability, for those who are disabled, whose disability is expected to last more than a year AND have not worked 20 out of the last 40 quarters, is Title XVI Supplemental Security Income (SSI).  The rules and regulations governing Title XVI SSI are found at 20 CFR Part 416.  There are two essential differences between Title II and Tile XV!.  The first is that the benefits payable under Title II Disability are based on your earnings history and are generally higher than those for Title XVI.  The second is that there are quite a few restrictions and exclusions attached to Tile XVI SSI which are not attached to Title II Disability.  A few examples of these differences include:  If you are married, and your spouse is earning a substantial wage, your benefits for SSI are likely to be reduced to nothing, where as your spouse’s income is not counted at all against your Title II Disability payment.  Another example is that if you are receiving SSI and someone pays your rent and for your food, those payments will reduce the amount of SSI payment you receive.  However, with Title II Disability benefits will not decrease if someone else is paying your rent and food bills    

Tip of the Day: If in doubt, when filing for benefits, file for both Title II Disability and Title XVI Supplemental Security Income.  There is no penalty for doing so, and this will insure you receive the maximum benefits to which you are entitled.

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Many rehabilitations hospitals exist in the Indianapolis metropolitan area, including the Rehabilitation Hospital of Indianapolis, and Hook Rehabilitation Hospital. These hospitals focus on helping patients continue their recovery by focusing on the therapies and teaching techniques that will allow the revering patient to step back into their normal lives. These facilities are generally less expensive than the acute care hospitals. There are no surgeries performed at these hospitals, they do not have emergency rooms nor do they have intensive care facilities. The medical staff generally uses a team approach to help patients further their recovery. The team may include a Physiatrist (a doctor that specializes in physical and rehabilitation medicine), a physical therapist, an occupational therapist, a speech therapist, educators who specialize in dietary needs, and transition back to home living.

If you, or a loved one, are told that you will be transferred from the hospital to a rehabilitation hospital, rest assured it is in your best interest.

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To file an application you can do it on line.  Go to www.ssa.gov.  Be careful, there are copy cat sites, so type in this address carefully (You can right click on the blue address and then paste it into the address bar on your browser.)   Or if you are not computer savvy, go to your local office.  Either way I recommend you have 4 lists ready and with you.  1.  Your medical providers with addresses; 2. Your medications with side effects, 3. Your jobs for the last 15 years including what you did physically at the job such as I sat most of the time or I walked most of the time, I lifted so many pounds frequently, etc, and 4, A complete list of your disabling conditions.  I cannot stress enough that this list must be complete.  When this is complete you may be, later, asked to see a doctor of the Administrations choosing.  Make sure you get to that appointment.  The whole process takes about 3-4 months.  If you are turned down on your application.  Do not despair, most people are turned down.  Call me and we will do the following. 

First we will file a Request for Reconsideration for you. The process after the filing of the Req. For Recon. is loosely as follows. All additional records are obtained by the social security administration.  They may ask you to see another of their doctors, but that is not common.  I will have access to your efile within 10 days of mailing in my Appointment of Rep. form.  I will assess the file to see if we should ask for a determination on the record.  Such a determination is usually performed by an attorney working for the Administration.  They have a little bit more discretion than other SSA employees but not as much as a judge.  The whole process takes three to four months.  If you are denied at this level, then we file the request for Hearing before Administrative Law Judge and essentially follow the same process just described.  It is important to keep me informed of any changes in your medical condition so that we may obtain any additional records.

There are as many different issues as there are claimants, so I cannot answer every question in this short paragraph.  I am always happy to speak with you on the phone.

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 A collision in Noblesville, over the holiday weekend, is more evidence of the dangers associated with distracting a driver. Nicholas Killinger was northbound on Ind. 37, just south of 206^th street, when he was distracted by a passenger.  Killinger’s pickup truck crossed the center line on collided head-on with a Kia Spectra driven by Daniel Stone.  Daniel Stone, and his passenger, Lisa Stone both suffered wrongful death as a result of Mr. Killinger being distracted. Mr. Killinger’s passengers were seriously injured in the accident. 

Anything that distracts a driver away from their duty of operating a car safely must be avoided. Other examples of common distractions include texting while driving, driving while talking on the cell phone, reading anything such as a map or a paper, the list goes on and on.  If you must do anything that will take your attention away from the road, please pull of the road to a safe location and take care of your business.  After you have safely concluded your work, drive again.  Parents, please have this discussion with your children.  Children, please have this conversation with your parents and your friends. We all want to get where we are going safely.  Avoiding distracted driving will help us all.

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