Social Security Disability Lawyer
in Fort Wayne, IN
When a serious medical condition stops you from working, the bills don't stop with you. Social Security Disability (SSDI and SSI) exists for this situation, but the process is long and SSA data shows roughly 2 out of 3 initial claims are denied. At Theisen Hubley Law, we help Fort Wayne clients build the strongest possible case at every stage, from the initial application through an Administrative Law Judge hearing and beyond.
Honors & Memberships
Disability Cases We've Helped Resolve
How Theisen Hubley Law Helps Fort Wayne Disability Claimants
Theisen Hubley Law has represented Northeast Indiana residents in Social Security Disability matters since 2001. Our firm has published and presented on vocational expert testimony before the Allen County Bar Association — that experience matters because most hearings come down to how the vocational expert is questioned and how well your medical record backs up your limitations.
We handle SSDI and SSI claims at every stage, from the initial application through reconsideration, ALJ hearings, Appeals Council review, and federal district court appeals. There are no upfront costs, and federal law caps attorney fees at 25 percent of past-due benefits, paid only if you win.
Types of Disability Claims We Handle in Fort Wayne
Disability benefits come from two different federal programs that work very differently. Our Fort Wayne disability attorneys help clients identify which program applies, what evidence is needed, and where the claim is most likely to be challenged.
Social Security Disability Insurance (SSDI)
SSDI is an insurance program funded through FICA taxes. To qualify, you generally need a recent work history (typically 40 quarters of coverage, 20 earned in the last 10 years) and a medical condition that prevents substantial gainful activity for at least 12 months or is expected to result in death. Benefits are based on your prior earnings record, and after a 24-month waiting period, recipients become eligible for Medicare.
Supplemental Security Income (SSI)
SSI is a need-based program for individuals with limited income and resources. Unlike SSDI, SSI does not require a prior work history, making it the relevant program for adults disabled before building a substantial earnings record and for children with qualifying impairments. SSI recipients in Indiana typically gain access to Medicaid as part of the approval.
Concurrent SSDI and SSI Claims
Many claimants qualify for both programs at the same time, particularly when SSDI benefits fall below the SSI income threshold. We evaluate concurrent eligibility at the start of every case.
Disabled Adult Child (DAC) Benefits
If your child became disabled before age 22 and you are receiving Social Security retirement or disability benefits, your child may qualify for benefits on your work record. This is a frequently overlooked category that can mean significant monthly support for families with a disabled adult child living at home.
Children's SSI Claims
Children under 18 with severe physical or mental impairments may qualify for SSI if their family meets the income and resource limits. The medical standard for children differs from the adult standard, and documentation from teachers, therapists, and treating physicians is substantial.
Combined Disability and Workers' Compensation Claims
If your disabling condition came from a workplace injury, your SSDI claim sits alongside a workers' compensation case. Workers' comp benefits can offset SSDI under federal law, and settlements need to be structured carefully to protect future disability payments. Because we handle both areas under one roof, we coordinate strategy across cases.
Combined Disability and Personal Injury Claims
If your disability stems from a serious accident caused by someone else, an SSDI claim can run alongside a personal injury case. A large settlement can affect SSI eligibility because of the resource limit, and Medicare Set-Asides may need to be considered. We coordinate timing and structure so your overall recovery is protected.
Denied Claims and Appeals
A denial is not the end. SSA data shows the majority of initial SSDI applications and reconsideration requests are denied, while approval rates at the ALJ level are substantially higher, which is why representation at the hearing stage is so important.
Denied Once Already?
You're Not Out of Options.
Most claims are denied at the first two stages, and most claimants who win do so at the hearing level. Tell us what stage you're at and what the denial letter said. We'll explain whether your case can be strengthened and what the appeal deadline looks like.
What Evidence Matters Most in SSDI Claims in Indiana
A successful SSDI case is built on documentation, not assertions. The records that move a case forward are typically:
- Treating physician statements: SSA gives weight to opinions from doctors with a long-term treatment relationship. A specific RFC opinion addressing exertional and non-exertional limitations is often the single most important document in the record.
- Specialist reports: Diagnostic imaging, neurological evaluations, cardiology workups, psychiatric assessments, and pulmonary function tests carry weight when interpreted by a specialist.
- Mental health records: For claims involving depression, anxiety, PTSD, bipolar disorder, or cognitive impairments, ongoing treatment notes and standardized assessments are critical. Gaps in mental health treatment are routinely used to discredit symptom severity.
- Function reports and third-party statements: A vague or inconsistent description can undermine an otherwise strong medical record. Statements from family, former employers, or caregivers can corroborate your limitations.
- Work history and earnings records: Accurate descriptions of past jobs (physical demands, skill levels, exertional categories) drive the Step 4 analysis. Generic job titles are not enough.
- Compliance with treatment: Missed appointments, unfilled prescriptions, and failure to follow medical advice are used to argue your condition is not as limiting as described.
The Five-Step Sequential Evaluation: How SSA Decides Your Claim
Under 20 CFR 404.1520, every adult SSDI and SSI claim is evaluated through five sequential steps. Understanding these steps is the difference between submitting an application and building a record that meets each requirement.
Step 1: Substantial Gainful Activity
Are you working and earning above the substantial gainful activity threshold? The 2026 SGA limit is set by SSA each year. If your earnings exceed this amount, your claim is denied at Step 1 regardless of your medical condition.
Step 2: Severe Impairment
Do you have a medically determinable impairment that significantly limits your ability to perform basic work activities? The impairment must be supported by acceptable medical evidence from a qualifying source and must last or be expected to last at least 12 months.
Step 3: Listing of Impairments
Does your condition meet or medically equal one of the listings in SSA's Blue Book (20 CFR Part 404, Subpart P, Appendix 1)? If yes, you're approved at Step 3. Most claims don't meet a listing exactly, which is why the next two steps matter.
Step 4: Past Relevant Work
Can you still perform any of the jobs you held in the past 15 years given your current limitations? SSA looks at prior work demands, your residual functional capacity (RFC), and whether the two are compatible. If you can return to past work, the claim is denied.
Step 5: Other Work in the National Economy
If you cannot return to past work, can you adjust to other work that exists in significant numbers in the national economy, considering your age, education, and transferable skills? Vocational expert testimony comes in here, and most contested hearings are won or lost at this step.
Steps to Take When You're Applying for or Appealing Disability
What you do in the early stages of an SSDI or SSI claim can shape every later stage.
Begin Treatment and Stay With It
Insurers and SSA both treat gaps in treatment as evidence that the condition is not serious. Establish care with a primary doctor and any necessary specialists, follow through on referrals, and document why you cannot afford treatment if cost is the obstacle.
Document Your Symptoms in Writing
A simple log of pain levels, medication side effects, panic episodes, and fatigue builds a contemporaneous record that is far more credible than reconstructed testimony months later. These notes also help your doctor describe your limitations accurately when SSA asks.
Be Careful With Social Media
Photos, videos, and check-ins are routinely used by SSA contractors and investigators to challenge claimed limitations. A single picture from a family event can become the centerpiece of cross-examination at a hearing.
Know Who Decides Your Claim at Each Stage
Initial applications and reconsideration requests are decided by the Indiana Disability Determination Bureau (DDB) under contract with SSA, and most early-stage denials come from there. Appeals go to the Fort Wayne Office of Hearing Operations, where approval rates are substantially higher.
Watch the 60-Day Appeal Deadlines
You have 60 days from a denial notice to request reconsideration, an ALJ hearing, or Appeals Council review. If the Council also denies the claim, you have 60 days to file in the U.S. District Court for the Northern District of Indiana. Missing any deadline almost always means starting over.
Review Your Earnings Record Before Filing
SSA's earnings record is sometimes incomplete or wrong. Filing without confirming that your work history is accurately reflected can cost you both insured status and benefit amount. We pull the record at the start of every case.
Get an Attorney Before the Hearing Stage
Representation at the initial application is helpful, but representation at the ALJ hearing is far more important. Hearings move quickly, vocational experts are not neutral witnesses, and most unrepresented claimants do not effectively cross-examine the testimony that decides their case.
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Got a Denial Letter? Read the Deadline First.
Every denial letter from SSA includes a 60-day window to appeal. Missing it usually resets the entire process. Bring the letter to a free consultation, and we'll tell you what the next step looks like.
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Why Choose Theisen Hubley Law
for Your SSDI Case
Disability claimants across Northeast Indiana come to us because we approach SSDI with the same preparation and attention we bring to litigation.
What Our Clients Say
Meet the Attorneys Behind Your Disability Claim
Our attorneys bring decades of experience to the medical, vocational, and procedural questions that drive SSDI outcomes. From the initial application through ALJ hearings and federal court appeals, the same team handles your case.
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John C. Theisen
Attorney -
Nathaniel O. Hubley
Attorney -
Christina R. Hubley
Attorney
We Help Disability Claimants Across Allen County and Northeast Indiana
Our office is located in downtown Fort Wayne, and we offer phone and video consultations for clients whose conditions make travel difficult.
We represent SSDI and SSI claimants throughout:
- Allen County
- Kosciusko County
- Wabash County
- Adams County
- LaGrange County
- Wells County
- DeKalb County
- Noble County
- Whitley County
- Huntington County
- Steuben County
Theisen Hubley Law
Get in Touch With Our Fort Wayne Disability Team
The SSDI process is long, technical, and hard to handle on your own. Tell us your condition, where you are in the process, and what SSA has said so far. We'll review your situation and tell you whether we can help, at no cost and no obligation.
Answers to Our Clients’ Common Questions
SSDI is an insurance program funded through payroll taxes and requires a recent work history. SSI is a need-based program for people with limited income and resources, with no work history requirement. Many claimants qualify for both.
Initial decisions through the Indiana Disability Determination Bureau typically take three to six months, and reconsideration adds another three to five. ALJ hearings depend on the Fort Wayne Office of Hearing Operations docket, so total time from filing to hearing can run a year or more.
SSDI cases are handled on contingency under 42 U.S.C. 406. Fees are capped at 25 percent of past-due benefits up to a federal maximum and must be approved by SSA. You owe nothing if your claim doesn't produce past-due benefits.
Most initial applications are denied. The next step is a request for reconsideration within 60 days of the denial. If that is denied, the case moves to an ALJ hearing, where approval rates are substantially higher.
There is no fixed list. SSA evaluates whether your condition, combined with your age, education, and work history, prevents substantial gainful activity for at least 12 months. Common qualifying conditions include musculoskeletal, cardiovascular, neurological, and major mental health disorders.
Limited work is possible, but earnings above the substantial gainful activity threshold can result in denial or termination of benefits. Review any work plans with us before earnings cross the threshold.