DELVENTHAL LAW
INVOLVED IN A SOCIAL SECURITY DISABILITY DISPUTE?
Disability can strike anyone. According to the Social Security Administration[1], at least 1 in 4 people aged 20 will suffer a disability at some point before they reach retirement age. In the unfortunate event that happens, Social Security disability insurance can help pay benefits to those suffering from total disability. However, many applicants need an Indiana Social Security disability attorney to help them secure benefits.
QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS
Generally, you need to meet the following to qualify for benefits[2]:
- You must have worked enough jobs that pay into the Social Security system. You need 40 credits, which is roughly 10 years for most people.
- You must be totally disabled. SSA does not pay benefits for temporary or partial disability.
- You must not be able to do the work you did before.
- You must not be able to adjust to different work. In effect, you are totally disabled and prevented from working.
- Your disability must last at least one year or result in your death.
These are tough standards to meet. Not every debilitating injury will qualify, and there are many conditions that could qualify depending on the quality of evidence you present. One reason for working with an experienced Social Security disability attorney in Fort Wayne is that you will know exactly what information you need to submit to make a strong case.
THE APPLICATION PROCESS
Most people apply for disability insurance at their local Social Security Administration (SSA) field office. You will need to provide information about your impairment, the treatment you have received, and other information. Your field office will check whether you have enough work history to qualify and then will forward your medical information to the Disability Determination Services (DDS) for evaluation.
DDS will look at your own medical sources first but, if they need more information, can request that you attend a consultative examination (CE) with a physician or therapist. After gathering all medical information, DDS makes an initial determination[3] about whether you qualify for disability benefits. Applicants should realize that it can take 1-4 months to receive a determination. If you are approved, you should receive information about your benefits. If you are denied, you will receive a notice explaining why.
HOW A FORT WAYNE SOCIAL SECURITY DISABILITY ATTORNEY CAN HELP
Denials are frequent in Indiana. According to recent statistics[4], DDS denies about 71% of all initial applications. This means that over 2 out of 3 people who take the time to fill out their disability application end up being denied benefits.
Fortunately, you have ample appeal rights. Your denial letter should contain important information, such as the deadline for asking for reconsideration. You absolutely must meet the deadline, which can be as little as 60 days. Any delay can cost you benefits!
At this stage, many applicants reach out to an attorney who can help them pull together sufficient medical information that gives them a chance to succeed on appeal. Common errors at the appeal stage include:
- Not responding to each reason given for the denial.
- Not providing high-quality medical evidence that shows the full extent of your disability.
- Presenting evidence in a confusing manner.
- Missing important deadlines.
As one of the leading Social Security disability law firms in Fort Wayne, we have experience analyzing the denial letter and gathering evidence to rebut the conclusions made by DDS.
We also are experienced at presenting evidence before an administrative law judge (ALJ), who will make the ultimate determination about whether you are sufficiently disabled. ALJs have much higher approval rates than the initial examiners. According to one set of statistics, ALJs in Indiana approved around 47% of all appeals, which is several times higher than the rate of approval for initial applicants. Although no attorney can guarantee a result, a skilled Social Security disability attorney can maximize your chances of success by presenting your case in the proper manner.
DISABILITY BENEFITS FOR CHILDREN
Although they do not have sufficient work history, children can still qualify for Supplemental Security Income (SSI) disability benefits. Up until age 18, a child can receive disability benefits if they meet the following criteria:
- The child’s activities are very severely limited by mental or physical conditions
- These conditions are expected to last at least one year or result in death
Unlike SSA disability benefits, SSI benefits are also means tested, meaning that the family cannot have too many resources or income. However, the application process is not very different from the process used by adults when applying for SSA disability benefits. Applicants will present medical information to their field office, and the child might need to be examined or tested, which the state should pay for. Hiring a knowledgeable disability attorney is as important in SSI cases as in any other disability case.
Affording an Attorney
At Delventhal Law Office, we do not charge a fee unless we win your case. At that point, we take a percentage of your unpaid benefits as compensation for our services.
This type of contingency agreement works well for both our firm and our clients. Because we do not charge any fees upfront, our clients gain access to an experienced advocate who they otherwise could not afford. Clients also benefit because we have an incentive to maximize the amount of benefits you can receive.
We win because we have an incentive to turn away people with weak cases, which are unlikely to qualify for benefits. If you meet with us, you can be sure we see some merit in your case—even if we cannot guarantee that you will prevail.
SPEAK WITH A SOCIAL SECURITY DISABILITY ATTORNEY IN FORT WAYNE
Disability benefits are a vital lifeline for people unable to work. If you have been denied benefits, we want to hear from you. At Delventhal Law Office, our team has helped many people get the benefits they deserve under the law. Instead of accepting your initial denial, please contact us right away to begin the appeal process. We will protect your rights and make a compelling case to the judge that you meet the government’s definition of being disabled.
To start the process today, please call (260) 238-8608 for your free consultation, or submit your information to our contact form.
The Indiana law that applies to your Social Security disability case
Social Security disability claims are decided under federal law through a five-step sequential evaluation set out in 20 CFR 404.1520 and 416.920. SSA asks: (1) Is the claimant engaging in substantial gainful activity? (2) Is the impairment severe? (3) Does it meet or equal a Listing of Impairments? (4) Can the claimant perform past relevant work? (5) Can the claimant perform any other work in the national economy considering age, education, and work history? Most denials reach an Administrative Law Judge hearing, where a vocational expert testifies and credibility, residual functional capacity, and the medical-vocational grid are litigated.
How insurance carriers fight Fort Wayne Social Security disability claims
SSA defends denials through a multi-stage administrative process designed to wear down unrepresented claimants. At initial application, the state Disability Determination Services denies most claims after a paper-record review. At reconsideration, a different DDS examiner generally affirms. At the Administrative Law Judge hearing, the agency relies on its own vocational expert to identify jobs the claimant can supposedly perform under the medical-vocational grid. SSA challenges the claimant's credibility on pain and functional limitations. We counter with treating-physician opinion evidence, longitudinal medical records, vocational rebuttal experts, and the resources curated by Social Security Administration disability[5] and the federal medical-listings framework.
Evidence we preserve in the first 48 hours
Disability cases are won at the ALJ hearing through complete medical evidence and targeted vocational rebuttal, not through new diagnoses.
- Complete medical records from every treating provider over the relevant period, including primary care, specialty care, imaging, and mental-health treatment.
- Treating-physician opinion statements addressing residual functional capacity in vocationally relevant terms — lifting, sitting, standing, concentration, attendance.
- Work history documentation including past job titles, SVP and exertional levels, and any accommodations or terminations related to the impairment.
- Function-report responses and third-party observations of daily activities, addressing the claimant's actual functional limitations in concrete terms.
- Vocational-expert rebuttal analysis identifying flaws in SSA's job-citation methodology and any unaddressed nonexertional limitations affecting employability.
Damages categories in an Indiana Social Security disability case
Social Security disability benefits include monthly cash benefits based on the claimant's earnings record (DIB) or financial need (SSI), Medicare eligibility after 24 months of DIB entitlement (or immediately for SSI Medicaid), and retroactive past-due benefits going back to the protective filing date or the application date, with a 12-month maximum retroactive payment under DIB rules. The five-step sequential evaluation and listing-of-impairments framework published by the Social Security Administration disability[5] portal governs every decision, and attorney fees are capped under federal regulation and paid from past-due benefits with no out-of-pocket cost to the claimant.
What our Social Security disability clients ask most
What is the five-step sequential evaluation for Social Security disability?
SSA evaluates disability under 20 CFR 404.1520 and 416.920 in five sequential steps. Step 1 asks whether the claimant is performing substantial gainful activity. Step 2 asks whether any impairment is severe. Step 3 asks whether the impairment meets or equals a Listing of Impairments. Step 4 asks whether the claimant can perform past relevant work. Step 5 asks whether other work exists.
What is the difference between SSDI and SSI?
Social Security Disability Insurance (SSDI or DIB) is an earned-benefit program based on the claimant's work record and FICA tax contributions, with no income or asset test. Supplemental Security Income (SSI) is a needs-based program for low-income disabled individuals, with strict income and asset limits. Many claimants apply concurrently and qualify under both programs simultaneously.
How long does the disability claim process take?
Initial application decisions typically take three to five months. Reconsideration adds another three to four months. ALJ hearing wait times vary by office but generally run 9 to 15 months from request. Total elapsed time from initial filing to an ALJ decision is often 18 to 24 months, which is why early representation and complete medical-record gathering matter so much.
Do I need a lawyer to apply for Social Security disability?
Representation is not required at the initial application but significantly improves outcomes at the ALJ hearing level, where complex medical-vocational analysis, vocational-expert cross-examination, and the listing-of-impairments framework drive decisions. Attorney fees in disability cases are capped under federal regulation at 25% of past-due benefits up to a federal maximum, and are paid only if the claim wins.
What if my disability claim has already been denied?
Initial denial does not end the claim. SSA's appeal process includes reconsideration, ALJ hearing, Appeals Council review, and federal-court review. Each step has strict 60-day filing windows from the date of the prior decision. Most disability awards we obtain occur at the ALJ hearing level after the initial denial, so a denial letter is the start of the real case, not the end.
What happens after you hire us
From the day we open the file, we gather complete medical records from every treating provider, request residual-functional-capacity opinions from the treating physicians, build the work-history file, and prepare for the ALJ hearing with targeted vocational rebuttal. We meet the strict 60-day appeal windows at every administrative stage and pursue federal-court review when the Appeals Council declines. Attorney fees are capped and paid only from past-due benefits — no out-of-pocket cost to the claimant.
