Indiana Social Security Disability Attorney

Tom S. Ebbinghouse, Attorney At Law, Social Security Disability Indianapolis, Indiana

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Social Security Disability and Computer Usage

January 15th, 2010 · Attorney Representation, General, Hearings, SSA, Social Security Disability Benefits Denial Indiana

There are rumors that an administrative law judge stated in a seminar that he went on line and researched to see if the claimant had job applications pending during the claim. The speculation is that the ALJ is using on-line research skills to see if current resumes are being posted by the claimants. Why would this be important to the ALJ?

When you apply for Social Security Disability, you are stating that you cannot do an 8 hour a day job 5 days a week. If you have posted your resume seeking work, some might conclude that you really think you can work. The old adage “you cannot have your cake and eat it too” comes to mind. Some will conclude that you really are not disabled and you are only using the Social Security Disability system to provide you a means of support while you are looking for work. After all, if you cannot work, why would you be posting your resume seeking work?

Perhaps you posted a resume on line shortly before you became disabled. Have you forgotten about it? Did you remember to remove it from the site when you became unable to work? Even if you did, can it still be retrieved from the web?

Much has also been made in the news media about potential employers looking at social media sites such as Facebook and MySpace to see what they can learn. If someone might research you, what might they learn about you at these sites? If you participate in an online chat group, how might your comments be misconstrued? Also, if you are posting all the time, what might that say about your computer skills and your ability to concentrate? Do not assume that the postings are private because it is a disease support group web site. Who knows, your ALJ may actually belong to the support group and be reading about you.

There used to be an ALJ in Indianapolis that would state that he got on the SSA system the day before the hearing and personally ran the earnings records to see what it showed. He would then ask the claimant pointed questions about the latest findings. You need to be prepared to answer the ALJ’s questions about what the internet reveals about you. You may hear the ALJ begin a question with “I see on the web that…..”

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Social Security Sending Corrected Benefit Notices

December 11th, 2009 · General

The Social Security Administration earlier this month mailed notices that contained incorrect January 2010 payment dates.  These erroneous notices went to about 6 million beneficiaries who receive their payments on either the second, third, or fourth Wednesday of each month, and are part of the annual benefit notices that go to 52 million Social Security beneficiaries.  In the notice the payment date is incorrectly shown as one week before what the actual date of payment will be.  The other information in the notice, including the payment amount, is correct.  Social Security is sending a letter explaining the error to beneficiaries who received the incorrect one as soon as possible.

“We apologize for the inconvenience and confusion these incorrect notices will cause,” said Michael J. Astrue, Commissioner of Social Security.  “The problem was caused by an unfortunate human error.  We are correcting the misinformation as quickly as possible, and we are reviewing our processes closely to prevent this type of mistake from happening in the future.  People receiving Social Security benefits in January 2010 should know that their payment will arrive on the same payment day that it has arrived in the past.”

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ICLEF asks Tom S. Ebbinghouse to Teach Lawyers about Social Security Disability

December 1st, 2009 · Attorney Representation, General, Rules, SSA

The Indiana Continuing Legal Education Forum (ICLEF) has asked that I speak at the “Entitlements Planning” seminar on December 17th. I will be teaching other lawyers about Social Security Disability. The purpose of ICLEF is to advance and promote the administration of justice and understanding of the law through the institution, supervision, implementation, coordination and administration of a program of continuing legal education for the use and benefit of members of the legal profession. The directors of the Indiana Bar Foundation, which is associated with the Indiana State Bar Association, incorporated ICLEF as in independent non-profit corporation in 1964. The Co-sponsors are the Indiana Bar Foundation, the Indiana State Bar Association, the Indiana University School of Law, Notre Dame Law School and Valparaiso University School of Law. You can read the list of seminars that I have Chaired and/or made a presentation to teach lawyers about Social Security Disability here.

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Happy Thanksgiving

November 26th, 2009 · General

Best wishes for a Happy Thanksgiving. Today is “the” day that we stop, count our blessings, and give thanks for them.

I encourage my disabled clients to stop and celebrate the blessings in their life on a regular basis. It is easy to get mired down in the negative things that are going on in our lives. This is especially true when you are ill and disabled. You never thought that you would not be able at this point in your life to do the “normal” things that are now impossible to do. It is very easy to only focus on the things in your life that you have lost. This “stinkin’ thinking”, as Zig Zigler calls it, will eventually pull us down. If you are ill and disabled, please stop on a weekly basis to count your blessings and give thanks for them. By focusing on the “good” in your life, it will be just a little bit easier to continue to in your daily life. Even if you can not have the Thanksgiving Day you would like today, look for the good and you will find something that you can give thanks about. It will be good medicine for you.

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Substantial Gainful Activity Amount For 2010 SSA Disability

October 26th, 2009 · Rules, SSA, Substantial Gainful Activity

At Step One of the Five Step Sequential Analysis , Social Security determines if you are engaged in Substantial Gainful Activity (SGA). When you work for someone else and are not self-employed, SSA usually uses a “rule of thumb” to determine if someone is engaged in SGA. According to this “rule of thumb” if you earn a certain dollar amount or less, you are usually not considered to be engaged in Substantial Gainful Activity. In 2010, for non-blind individuals, the amount is $1,000 per month. Currently, the amount is $980 per month. For blind individuals, the 2010 amount is $1,600 per month, which is the same amount used in 2009. I previously posted the amounts back to the year 2000, which you can see by clicking here.

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