Indiana Social Security Disability Lawyer Blog

Much like Indianapolis Social Security Disability Attorney Scott D. Lewis, many attorneys advertise their services on television, on the internet, or simply in the yellow pages.  However, finding the "right" representative to handle your Social Security Disability claim is a different matter.  You may ask yourself what qualities you should look for when selecting an attorney to represent you. Although there are no clear cut answers to this question, here are some helpful tips.

You may want to ask the attorney if he focuses on Social Security Disability Insurance (SSDI) cases and Social Security Income (SSI) cases. If he only does SSDI or SSI cases occasionally on top of other types of law, he may not be what you are looking for.  Sometimes, it's best to select a lawyer who  focuses specifically on disability claims, giving him more experience and capability than a lawyer who simply dabbles in SSDI or SSI cases.

Ultimately, who you should choose simply boils down to who you feel comfortable with and who you trust to handle winning your SSDI and SSI benefits.

Although it would be difficult to immediately trust someone you barely know, you may want to gauge your initial trust level based on the following factors:

• Was the attorney accessible by phone and willing to return your phone calls?
• Did the attorney seem knowledgeable regarding the Social Security disability system?
• Did the lawyer answer questions to your satisfaction? 
• Does the attorney a helpful and courteous staff? 

If your chosen Social Security Disability Lawyer and his staff can be reached by phone, returns your calls, knows how the Social Security system works, and is willing to ease your concerns by explaining the process to you, it's likely you are receiving proper representation.

Scott Lewis is an experienced Social Security Disability Lawyer who is pleased to assist clients throughout the state of Indiana. Scott practices focuses in social security disability claims, including SSDI and SSI.  Scott provides his clients legal representation, personal attention, and responsive communications.  Call 317-423-8888 immediately for a free consultation.

Often, Indiana Social Security Disability Claimants wonder how they can effectively work with their attorney in order to help their case.  In my experience as an Indianapolis Social Security Disability Attorney, I have found just a few things that my clients can do to enhance the chances of winning their Social Security claim and also help maintain a good working relationship with my office.

Continue to see your medical professionals.  As your attorney, I can argue until I am blue in the face to the Social Security Administration (SSA) about how disabled you are, but if we don't have good supporting medical records the SSA usually doesn't hear us.  If financially affordable, continue to see your physicians and accumulate medical documentation to support your case.

Meet deadlines.  If you receive materials that are time sensitive, make sure you meet those deadlines.  Before hiring an attorney, you may be responsible for filing your appeal.  Failing to meet these deadlines may result in starting the Social Security process from the beginning again.  Once you hire an attorney to represent you, they strive to meet these deadlines, but can still use your input.

Communication.  If your disability worsens or you go back to work, contact your lawyer.  There are certain times when a worsening condition may need to be addressed with the SSA in order to expedite the process.  Also, if you have returned to the workforce and no longer are seeking Social Security benefits, you should alert your attorney so he can assess the situation and possibly facilitate in withdrawing your Social Security claim.

Be patient.  We understand the stress your disability and the lack of funds can put on a claimant's life. Unfortunately, the Social Security Claims process in Indiana can be very long.  We, like our clients, get frustrated with the long waiting period.  It is important to realize that this process is more like a marathon than a sprint, and to win you must stick with it and attempt to keep your head up.

These are only a few things I find clients struggling with everyday. At the our law firm, it's our goal to discuss these issues with our clients, and help them understand the importance of the end result we are all striving for - a favorable outcome.  For a free consultation, call 317-423-8888.

If your initial application for Social Security Disability Benefits has been denied and you disagree with this decision, you must file the following forms to keep the claims process moving forward:

• Request for Reconsideration (SSA-561-U2);
• Reconsideration Disability Report (SSA-3441-F6); and
• Authorization to Disclose Information to the Social Security Administration (SSA-827).

This is the first level of appeal after your initial denial. In simple terms, by filing these forms you are saying to the Social Security Administration (SSA) that they have made a mistake by not granting you Social Security disability benefits and they need to take another look at your claim.

It is important to note that the SSA states that you have 60 days from the date of the initial claim denial to file a Request for Reconsideration, although it's assumed that you received the letter five days after it was dated so actually you have 65 days.  If an Indiana claimant is untimely in filing the Request for Reconsideration within that allotted time, chances are he will be forced to start at the initial claim stage over again.  There are exceptions to this 60 day requirement.  If you can show good cause as to why you have filed late, you must supply the SSA with a reasonable explanation as to why the Request for Reconsideration is being filed late.

Filling the required forms is not difficult.  Once filed, a Disability Examiner evaluates the claim.  Social Security claimants should remember that the majority of these Requests for Reconsideration claims are denied and result at the hearing level in front of an Administrative Law Judge (ALJ).

Remember, Social Security's denial of your claim is not a personal attack on you.  The people who make these decisions do not know you or your case and most likely do not have all of the evidence they need to make a favorable decision.  It is your job to be diligent and stay the course.  It can be a long journey, but it is one Indiana claimant's can potentially win.  If Indiana residents need help filing these forms they can contact Indianapolis Social Security Attorney Scott D. Lewis.  Attorney Scott Lewis offers a free consultation and will help answer questions you have about the Social Security process.

What should a disability claimant expect when going to a Social Security disability hearing?   Indianapolis Social Security Disability Attorney Scott D. Lewis often tells his client's, "Do not expect it to be something you have seen on a television show."  Outlined below is a brief example of what Scott Lewis experiences when he is representing his Indiana claimants at the hearing level. 

Typically, the hearings office is a rather informal office and the hearing usually takes place in a small room.  As you arrive at the hearings office, you must check-in with the office and then you will take a seat until it is your turn. 

If you have an attorney representing you, when he arrives the attorney will review the claimant's file located at the Social Security office to ensure all of the exhibits he has submitted to the court have been properly placed in the file.  Once you are called into the hearing room, you may see several other people in the room.  This may include a medical expert, a vocational expert, a court reporter, and the Administrative Law Judge (ALJ).  The people present at the Administrative Hearing depends on the ALJ and the availability of the experts.  Occasionally, the ALJ will appear on video from another location rather than physically being in the hearing office.  After court formalities, you are sometimes questioned by the ALJ about your personal information and medical information concerning your disability(s).  After the judge is finished questioning the claimant, he typically turns to your lawyer and asks if there are any further questions.  The attorney will ask the client questions that may support his case.  Once the attorney has completed questioning the client, the judge may ask the Medical Expert for his opinion of your medical records. If the Medical Expert testifies that you are in fact disabled, it is possible that the ALJ may declare a favorable decision at that very moment. However, the Medical Expert may also say you have certain restrictions because of your disabilities.  At this point, usually your attorney has an opportunity to ask questions to the Medical Expert. 

The ALJ will then question the Vocational Expert, with the restrictions asserted, can the claimant do past jobs or any other jobs?  The Vocational Expert may say there are no jobs you can successfully perform and at that point the ALJ may find you disabled.  On the other hand, the Vocational Expert may say there are jobs that you can perform. At that point, the ALJ may let the Attorney ask questions to the Vocational Expert.  When necessary, the attorney attempts to get the Vocational Expert to state that there are no jobs that exist based on the restrictions and limitations you have due to your disability.  At the conclusion of the hearing you may or may not know if you have been found favorable on you Social Security Disability Claim.  If a decision is not made at the hearing, you will be notified by mail. 

It should be emphasized the aforementioned hearing process can and usually will vary from Judge to Judge.  The hearing process can be much more in depth and the process described above is only a bare framework of this procedure.
 
Much more goes into getting prepared for a hearing and being successful.  Attorney Scott Lewis focuses on Social Security claims.  Contact Scott Lewis at 317-423-8888 for more information regarding representation and the hearing process.

Indiana Social Security Administrative Law Judges are not alone when it comes to looking at a claimant's limitations because of their disability.  Your impairment or disability, and any related symptoms, may cause physical and mental limitations that affect what you can do in a work setting. These limitations are called Residual Functional Capacity (RFC).   An Administrative Law Judge (ALJ) is supposed to look at your limitations due to your disability.

To assess your RFC, the Social Security Administration (SSA) will look at all available medical evidence to determine what they believe your restrictions might be. The ALJ and the SSA will also consider statements and observations of your limitations by you, your family, neighbors, and friends.

The SSA will consider things such as, but not limited to:

• How long you can sit, stand, and walk;
• Your inability to lift or carry objects over a certain weight;
• Your inability to use your hands and/or limbs for grasping, holding objects and other repetitive motions;
• How long you can concentrate, and/or keep up with a task;
• Whether you can remember and/or understand instructions;
• Your inability to interact with others, or work under supervision; and
• Various other work related restrictions.

When you hire Indianapolis Social Security Attorney Scott Lewis, he understands how important a completed Residual Functional Capacity Assessment can be at the Administrative Law Judge Level. When this type of assessment is completed by your health care provider, Scott Lewis will strive to make sure it is brought to the Social Security Administration's attention and he will argue why your restrictions prevent you from being a productive employee in the work force.

Many people wonder if they can be found disabled because of side effects to their prescribed medications.  Some people have even given up on their Social Security cases because they thought that they could not be found disabled based solely on side effects to medications.  If you doubt that you can be found disabled because of side effects, do not give up!  Side effects can be disabling.

You may be familiar with the warning labels on the side of your medication bottles.  These warnings are very important because the side effects of some medications can cause problems in the work force.  It's not uncommon for Indianapolis Attorney Scott D. Lewis to ask his clients about their medications, the side effects of their medications, warnings and limitations caused by their medication. The clients' disabling conditions, coupled with the medications' side effects, can often lead to a "fully favorable" decision from the Social Security Administrative Law Judge (ALJ).

Often times, medications may cause drowsiness, inability to drive, nausea, or other side effects and may last for an extended period of time.  This alone may not necessarily be enough to get you disability but the side effects to your medication may be helpful in getting your disability claim approved.  Side effects to medications can always be considered in a Social Security disability benefit case.  In one particular case, a Vocational Expert ("VE") testified that the side effects of the medications caused the claimant to doze off two or three times daily for 10-30 minutes each time which would be enough to preclude any substantial employment.

One of the clearest examples of medication side effects is chemotherapy in cases of cancer.  This treatment saps your strength and can make you physically sick.  This is clearly debilitating and even disabling.  Is this enough to make you disabled?  That decision is up to a Social Security ALJ, but this side effect might give you a good chance of winning Social Security disability benefits. 

If the claimant is taking necessary medications, the Social Security Administration considers any side effects that these medications might have.  So, if one of your prescribed drugs makes you irrational, sleepy, unable to drive, unable to think clearly, unable to concentrate, or unable to remember things, this is important!  These details can make all the difference in your case.  If the side effects of your medications and disabling condition make it impossible for you to work, contact Attorney Scott Lewis to discuss your Social Security disability claim.