Indiana Social Security Disability Lawyer Blog

Are you discouraged with the waiting period for your Social Security disability claim?  You are not alone.  Thousands of Americans filing a claim for Social Security disability benefits are facing an extensive waiting period.  This poses quite a dilemma because, assuming, anyone filing for benefits is disabled and financially in need.  The average waiting period for a hearing is 24 months, during which a claimant in not working due to their disability or is employed but is not earning over $980 per month in 2009.  At the Indiana law office of Scott D. Lewis, Attorney at Law, LLC, Social Security Disability Attorney Scott Lewis understands that two years is a very long time to have little to no income with the burden of outstanding medical bills. Don't give up!  There are actions by the Social Security Administration (SSA) that are being taken to attempt to fix the problem. 

On March 24, 2009, a congressional hearing was held at which SSA Commissioner Michael J. Astrue addressed the frustration of the current state of the Social Security disability backlog.  Commissioner Astrue outlined the following goals of the SSA:

1. Open 10 new hearing offices
2. Establish 3 new National Hearing Center sites
3. Hire 157 additional Administrative Law Judges (ALJ)
4. Hire an additional 840 hearing office support staff
5. Hire 135 new administrative appeals judges & support staff

These targeted goals are in hopes that the average processing time at the Office of Disability Adjudication and Review (ODAR) will decrease to 270 days.  The Indianapolis hearings office is currently ranked with one of the longest waiting periods for hearings with a wait time exceeding 730 days.  The SSA reaching their proposed goals will be helpful to the Indiana area. 

Don't get discouraged and don't give up.  Call Attorney Scott D. Lewis of the Law Office of Scott D. Lewis, Attorney at Law, LLC, to get more information on the appeals process.  He focuses in Social Security disability claims and has the experience to help you with your claim.   

   

 

Are you currently employed but are considering filing for Social Security Disability Benefits because you are disabled?  Are you wondering if you make too much money at your job in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs? 

The Social Security Administration (SSA) has a multi-step questioning process in deciding whether or not you are disabled.  The first step in this process is to determine if the claimant is unable to engage in "Substantial Gainful Activity" (SGA).  SGA is defined as any activity that can be done for profit for a specified period of time.  This profit is the money earned from performing this activity and is limited by the SSA.  Do not misinterpret this definition as being "work related" activity but understand that this is any activity that qualifies and is based on the amount of money you have made, or could have made, from the activity. 

The SSA has a specific earnings guideline to determine if you are engaging in Substantial Gainful Activity.  The amount of monthly earnings considered as SGA depends on the nature of a person's disability (blind vs. non-blind individuals).  In 2009, the SGA amount for non-blind individuals is an average of $980 per month and for blind individuals it is an average of $1,640 per month.  If you earn more than these amounts, it's unlikely you will be considered disabled.  Every year, these amounts increase as there are increases in the National Average Wage Index.  When calculating your monthly earnings, you may be able to deduct certain Impairment Related Work Expenses that allow you to be able to work.  For the expenses to be considered an Impairment Related Work Expense, the expense must not be reimbursed, must be related to your disability, and needed in order for you to be able to work.

Contact Indiana Social Security Disability Attorney Scott D. Lewis to discuss your current and past employment earnings.  The Law Office of Scott D. Lewis, Attorney at Law, LLC can provide you more details regarding Substantial Gainful Activity as described by the SSA.

 

The Social Security Disability Insurance (SSDI) program pays benefits to qualifying disabled people or to their family members of those that have a qualifying work history and have paid Social Security taxes.  The Supplemental Security Income (SSI) program pays benefits to disabled adults and children that have limited resources and income.  SSI benefits are also available to adults over the age of 65 without disabilities who meet the financial limits established by the Social Security Administration (SSA). 

Indiana residents that become disabled should file an application for Social Security Disability Benefits with the SSA immediately.  An application for SSDI and SSI can be filed online at SSA's website, you can call the SSA at 1-800-772-1213 to set up an appointment, or visit your local Social Security Office to apply in person.  It may take several weeks before a decision is made regarding your applications.  

If approved, congratulations!  On the other hand, if you receive a "Notice of Disapproved Claim" from the SSA, don't become discouraged.  Statistics show that the majority of all claims are denied at the initial application.  Within 60 days from your denial, you must submit a request for reconsideration to the Social Security Administration.  If your request for reconsideration is denied, you have 60 days from that denial to request a hearing in front of an Administrative Law Judge.  It is important for you to stay within these deadlines or the SSA may force you to start the initial application process over again.  

If you have questions regarding this process, contact Indianapolis Attorney Scott D. Lewis for more details.  Scott focuses on representing Indiana area clients with their Social Security Disability claims after they have been denied.  He will continue the appeals process with you and represent you at your scheduled hearing in front of an Administrative Law Judge.  Scott will fight for what you and your family deserve. 

Over 55 million Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients will receive a one-time payment of $250.00, due to legislation signed into law on February 17, 2009.  Indiana social security recipients should expect to receive the payment no later than 120 days after February 17, 2009. 

Social Security Disability Income (SSDI) and Supplemental Security Insurance (SSI) beneficiaries need to take no action, as the payment will be made the same as monthly payments are currently being made to these recipients.  Indianapolis Social Security Attorney Scott D. Lewis believes that these checks are needed as those receiving social security benefits are some of the hardest hit by a troubled economy. 

Other provisions of this legislation include $500 million to help with the backlog in processing Social Security Claims and to help address the workload.  Also, another $500 million is for the National Computer Center.   As many residents and Indiana Social Security Lawyers are aware, the money is greatly needed to alleviate and help decrease the amount of time when awaiting a social security hearing.