Indiana Social Security Disability Lawyer Blog

A class action lawsuit, Martinez vs. Astrue, was settled in California paving the way for the monies owed to Social Security benefits claimants or recipients.  This settlement may effect over 200,000 people.  In this lawsuit, 120,000 people refused assistance may request back payments or reapply for benefits and 80,000 people wrongfully denied may receive restitution. 

Over $500 million is the price tag Social Security will come up with to pay those wrongly denied disability or retirement benefits.   It appears that if your birth date or name matched an arrest warrant in error or even for a minor traffic infraction, your benefits could have been denied or withheld. 

Indianapolis Attorney Scott D. Lewis believes these wrongful denials and withholding of funds, to those most in need of assistance, could have a devastating effect on these individuals and their families.  Indiana residents that were denied due to this should contact their local Social Security Administration (SSA) or consult a qualified Social Security Disabiltiy Attorney or Representative to see if they may qualify for retirement or disability benefits.

Scott D. Lewis, Attorney at Law, LLC offers a free consultation regarding your Social Security disability claim.  Call (317) 423-8888 immediately to get the representation you deserve. 

Indiana Social Security benefits recipients look forward to the annual Cost of Living Adjustments (COLA) they receive each year.  COLA is the annual increases that recipients receive in their benefits to offset inflation in the economy.  The Social Security Administration (SSA) began these automatic increases in 1975.  Many disability benefits recipients rely on these increases each year to keep up with inflation.

In 2009, Social Security recipients received a 5.8% increase in their monthly payments.  This is the largest increase since 1982.  As of this week, the SSA's trustees are predicting that Social Security recipients may not receive a COLA increase for the next two years.  This is being justified mainly because 2009 energy prices are below 2008 energy prices.  The SSA is predicting that there will not be an increased inflation this upcoming year, therefore there will be no need for a cost of living adjustment.  Many people argue that while inflation may be down next year, the medical and healthcare cost will continue to rise.  Ultimately, this will affect those with high medical & prescription expenses or Medicare recipients.  Approximately 50 million disabled and retired Americans receive Social Security benefits.  While some of these Americans may need to just watch their spending in the next two years, others may be highly affected.  Although it is law that Social Security COLA can not be negative causing a decrease in benefits, recipients who get Medicare deducted from their payments may be impacted because Medicare costs will continue to increase which ultimately causes a decrease in the monthly benefits payment.

Be aware that SSA's consideration of eliminating the COLA in 2010 & 2011 is to protect the system from depleting and drying out.  As a result, all Social Security recipients will benefit by continuing to receive their monthly payment.

Indiana Attorney Scott Lewis represents Social Security disability claimants fight for what they deserve.  Contact Scott at (317) 423-8888 for a free consultation regarding your claim! 

Indiana Social Security Claimants attempting to get disability benefits for mental impairments should be aware of the criteria the Social Security Administration (SSA) may look at when evaluating their claim.  The SSA evaluation of a disability on the basis of a mental disorder is based on the following:

1. Documentation of a medically determinable impairment(s);
2. Degree of limitation that the impairment(s) may have on the claimant's ability to work; and
3. The determination of whether these limitations have lasted or are expected to last for a continuous period of at least 12 months.

The following categories of mental disorders are described more in depth on the SSA's website:

• Organic mental disorders: described as psychological or behavioral abnormalities associated with a dysfunction of the brain
• Schizophrenic, paranoid and other psychotic disorders
• Affective disorders: characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome
• Bipolar disorder
• Depression
• Mental retardation
• Anxiety-related disorders
• Somatoform disorders:  defined as physical symptoms for which there are no demonstrable organic findings or known physiological mechanisms;
• Personality disorders
• Substance addiction disorders
• Autistic disorder
• Other pervasive developmental disorders

Contact Indiana Social Security Disability Attorney Scott D. Lewis for questions regarding Social Security Disability and Mental Impairments.  For a free consultation, call 317-423-8888. 

Can a child with a disability qualify for Social Security benefits?  A child under age 18 can qualify if he or she meets the Social Security Administration's definition of disability for children, and if his or her income and resources fall within the eligibility limits.  The requirements for children can differ from adults.  Since children do not have a work history, the funds for children with disabilities are paid through the Supplemental Security Income (SSI) program. 

There are a few things to keep in mind when attempting to receive SSI benefits for your disabled child:

1.  The child must financially qualify.  The Social Security Administration (SSA) will take a look at the amount of income and resources that the child and the family members living in the household have access to.   If the child's income and resources, or the income and resources of family members living in the child's household, are more than the amount allowed by the SSA, the child's  application for SSI payments will be denied. Also, if the child lives in a medical facility where health insurance pays for his or her care, the SSA will limit the monthly SSI payment to $30 per month.

2. The child must have a condition or combination of conditions that has lasted or is expected to last 12 months or expected to result in death.  These physical or mental conditions must result in "marked and severe functional limitations."  Marked and severe limitations means that the child's activities are very seriously limited, it can cause the child to be in a grade level inappropriate for his or her age, it can cause your child to be constantly hospitalized, etc. 

While some attorneys are hesitant to take children's Social Security claims cases, Indiana Attorney Scott Lewis believes many of these cases can be won at the Administrative Law Judge (ALJ) level.  It is important to secure good physician's treatment records and school records. Generally, because children do not have a work record to consider, a school record can be very important in theses cases.  Records documenting the child's difficulty in school, the need for special education classes, and being held back from the appropriate grade level can show the Social Security Administration the child has "marked and severe" impairments.

If you have questions regarding your child's qualification for Social Security benefits, contact Social Security Disability Attorney Scott Lewis for a free consultation at (317) 423-8888.

Indiana residents who suffer with Bipolar Disorder often find themselves in front of an Administrative Law Judge (ALJ) when attempting to get their Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits.  The Social Security Administration (SSA) recognizes the existence of Bipolar Disorder in their "Listing of Impairments" under listing 12.04 Affective Disorders.

Individuals suffering from Bipolar Disorder that are attempting to get disability benefits, may find it easier to win their case when they have a good long standing relationship with their health care professional.  It has been the experience of Indianapolis Attorney Scott D. Lewis, that many ALJ's and medical experts that may testify at the hearing level, will put greater emphasis on medical records from a treating physician with a long relationship with that particular patient. 

There are certain aspects of Bipolar Disorder the SSA will focus on for depressive syndrome:

• loss of interest in activities
• appetite disturbance with loss or gain in weight
• sleep disturbance
• psychomotor agitation or retardation
• decreased energy
• feelings of guilt or worthlessness
• difficulty concentrating
• thoughts of suicide
• hallucinations, delusions, or paranoid thing

There are other aspects of Bipolar Disorder the SSA will focus on for manic syndrome:

• hyperactivity
• pressure of speech
• flight of ideas
• increased self esteem
• decreased need for sleep
• increased distractability
• involvement in activities with a high
• probability of painful consequences that are not recognized

The above factors may cause restrictions in activities of daily living, difficulties in maintaining social functioning, difficulties in maintaining concentration, persistence or pace, and episodes of decompensation each of extended duration.

The aforementioned are just some of the areas a Social Security ALJ may consider when deciding whether you have a disability that affects your ability to perform substantial gainful activity.

This information is not intended to be legal advice and Attorney Scott D. Lewis recommends you consult a qualified attorney or representative when pursuing you disability claim.  Scott Lewis understands how difficult your life can be when suffering with Bipolar Disorder.  Contact Scott D. Lewis, Attorney at Law, LLC for a free consultation at (317) 423-8888.