Indiana Social Security Disability Lawyer Blog

How does the Social Security Administration evaluate back pain?  In order for an Indiana Social Security disability claimant to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the claimant may receive disability benefits by meeting the Social Security Administration's (SSA) criteria defined in the SSA's Listing of Impairments, Section 1.00 Musculoskeletal Disorders. Back pain may be due to injury, aging, accident or even may be the result of a medical disorder or condition such as scoliosis.  Regardless of the cause of the claimant's back pain, the pain may prevent the claimant from working.  If that is the case, the claimant may find it beneficial to meet the SSA's criteria in Section 1.04 Disorders of the Spine to be awarded SSDI or SSI benefits.   

Disorders of the spine include the following impairments:

• Degenerative disc disease
• Osteoarthritis
• Herniated nucleus pulposus
• Spinal stenosis
• Spinal arachnoiditis

In Indianapolis Social Security Disability Attorney Scott Lewis's experience, he finds that most claimants have difficulty obtaining SSDI or SSI benefits for chronic back pain at the initial stages of the claim.  Scott advises that if you have been denied disability benefits at the initial level or reconsideration level, to continue to pursue your claim.  Often, the claimant will have a higher chance of being awarded disability benefits when they appear in front of an Administrative Law Judge (ALJ) at a disability hearing.  Because back pain is so common among claimants, it is extremely important to have supportive medical documentation regarding your disorder. It's even more important to prove that your back pain is causing more than the mild to moderate discomfort that is common among everyone at some point.  The claimant should prove that their condition is severe and it prevents the claimant from performing simple jobs that require sitting. 

Some ALJ's may look for the following when reviewing your claim:

• MRI reports showing evidence of problems in your back (such as disk issues with nerve root impigment);
• Evidence tat the claimant's back problems cannot be corrected with surgery;
• The claimant has been referred to a pain managment physician; and
• The claimant has a solid work history.

If you are experiencing chronic back pain and you have been denied Social Security disability benefits, fight for what you deserve.  Just remember, to possibly win your claim, meeting the Listing of Impairment 1.00 Musculoskeletal Disorders may be helpful and proving that your disabling condition has limited your functional capacity for work. 

It should be noted, that if an individual does not meet the listing for Musculoskelatal Disorders, the disability claimant may find himself winning their claim due to decreased physical functional capacity. 

Call the law office of Scott D. Lewis, Attorney at Law, LLC at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

After Indianapolis Social Security Disability Attorney Scott D. Lewis wins his client's disability claim, he often finds himself explaining to the claimant why their benefits will not start immediately from their onset date. Although he's not certain why the Social Security Administration (SSA) has a waiting period, he attempts to explain to his clients when they can expect their benefits to begin. Social Security claimants that are awarded Social Security Disability Insurance (SSDI) benefts, must wait five (5) consecutive full calendar months from the determined onset date of their disability. After the 5 month waiting period, the SSA will begin disability payments with the earliest full calendar month but not more than seventeen (17) months before the claimant filed their disability claim.

For example, if the Administrative Law Judge (ALJ) decided that the claimant became disabled on April 15, 2009, after the five month waiting period, benefits would begin on October 1, 2009.

Another example, if the claimant filed for disability on January 1, 2009, but alleged to be disabled since May of 2007, if the ALJ finds that the alleged onset date is correct, he is only allowed to grant an onset date 17 months prior to the filing date. So in this case, the actual onset date would be August 1, 2007. After the five month waiting period, this particular claimant would begin benefits on January 1, 2008.

There are a few exceptions to this waiting period. Claimants that were previously entitled to disability beneftis and their disability benefits ended, but then they became disabled again within 5 years of their benefits ending, they would not need to exercise the waiting period. There is no waiting period for claimants that filed for Supplemental Security Income (SSI) benefits or for claimants that are entitled to Childhood Disability Benefits.

If you are disabled and meet the disability insured status requirements for benefits purposes, you should expect to wait 5 months before your benefits begin. You are not entitled to benefits during this waiting period.

If you or someone you know has filed a Social Security disability claim and has been denied, contact Attorney Scott Lewis for a free consultation at (317) 423-8888. Scott is an experienced Social Security disability lawyer that would gladly discuss your Social Security disabiltiy claim with you. Call now!

Does major depression keep you from getting and/or keeping a job? Many Indiana residents find themselves receiving a denial letter from the Social Security Administration (SSA) when attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Indianapolis Social Security Disability Attorney Scott Lewis has found that, at the hearing level, Social Security judges (also known as Administrative Law Judges) are looking for particular things before they will grant a favorable decision on such claims.

One of the first questions that a claimant may want to ask themselves is "Can I do a simple unskilled job, or do my depression symptoms keep me from doing this type of work?" If your depression prevents you from doing even simple unskilled jobs, you may be eligible for disability payments. In reality, it is not quite that easy because the SSA is going to want detailed medical information documenting your condition.

The best scenario to win your Social Security disability claim would be an ongoing relationship with a qualified health care provider. At the law office of Scott D. Lewis, Attorney at Law, LLC, Lawyer Scott Lewis finds that a psychiatrist or psychologist is usually the most helpful in these types of claims. If the health care providers have detailed descriptions of how your depression affects you in everyday life and prevents you from carrying out normal activities of daily living, this can greatly enhance your chances of receiving SSDI or SSI benefits.

One of the ways a claimant may win a Social Security disability case for depression is to meet the SSA's Listing of Impairment, 12.04 Affective Disorders. This listing deals with depression. Just a few items that the SSA may look for may include:

• Sleep disturbance
• Psychomotor agitation or retardation
• Anhedonia or pervasive loss of interest in almost all activities
• Hallucinations, delusions, or paranoid thinking
• Suicidal thoughts
• Concentration/thinking difficulty
• Decrease in energy

Another way of possibly winning a disability claim for depression may be proving that you have functional limitations that prevent you from working.  For example, you cannot be relied upon to perform a job when you have too many unexcused absences from your job due to depression or if you are taking unscheduled breaks at work to deal with your depression.  At the hearing level, many job or Vocational Experts (VE) will agree that a person with such limitations cannot perform jobs in the economy.

Finally, a claimant may find that they can receive a favorable outcome when the depression combined with other impairments prevents them from performing substantial gainful activity (SGA).  While the claimants depression may not raise to the level of severity as described in the listing of impairments, if combined with other disabilities, the SSA may consider you disabled.

In summary, Indiana Attorney Scott D. Lewis encourages his clients with depression to have a good relationship with their health care providers and fully describe how depression affects them so that their condition can be treated and clearly identified.  Contact Scott Lewis at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

Have you won your Social Security disability claim but are still waiting for your first disability payment?  When Indiana Social Security Disability Attorney Scott Lewis gets a favorable outcome for his Social Security disability client's claim, the claimant often asks him, "When will I receive my first payment?" Unfortunately, it is just simply impossible for Attorney Lewis to respond accurately to this question.

Realistically, a claimant will only know when their payment is coming when it actually arrives in the mail. In Scott's experience, there are many inconsistencies when claimants receive their first monthly payment or their back pay payment from the Social Security Administration (SSA). He often sees claimants receive their payment within 60 days of being approved but some claimants have to wait months and months before receiving their first payment. Don't be too surprised if you receive the back pay deposited in your account before you receive your decision from the SSA.

Indiana claimants may wonder what causes this inconsistency in payments. Although it is difficult to understand the delay, it may be because back pay payments are not processed at the same Social Security office where a Social Security Disability Insurance (SSDI) benefits claim is initially processed.   SSDI payments are handled at "Payment Processing Centers" which are often located at states other than the one the claim is initiated.  Additionally, it's only stating the obvious that there are large amounts of payments to process at the processing centers which may cause delays. 

As frustrating as it may be, be patient because your payment should arrive.  If you have successfully made it through the claims process, waiting a little while longer should be worth it when that first payment arrives.  If you have been denied Social Security disability benefits and would like a free consultation regarding your claim, call Attorney Scott Lewis at (317) 423-8888. 

As an Indiana Social Security disability attorney, Scott D. Lewis often find himself explaining to his clients what his role is in their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim. It may be the clients best interest to understand what his/her Social Security disability lawyer does for them. Seeking an attorney to represent you can be an easier task if you understand what the role of your attorney actually is.

 When a claimant gets denied Social Security disability benefits, the claimant has the right to appeal that unfavorable decision. A claimant may choose not to seek the advice of a Social Security disability attorney or representative until the claimant receives their initial denial. Those seeking disability often times retain the services of a lawyer after their initial denial and when asking for a "request for reconsideration" or when requesting a hearing in front of an Administrative Law Judge (ALJ).  Although some claimants may choose to go to their hearing without representation, many statistics show having a much higher success rate when a claimant has representation.

A Social Security disability lawyer's basic job is to figure out what has gone wrong with the client's claim and attempt to resolve those problems. An experienced attoney will review the inital claim, along with medical and non-medical evidence collected by the SSA, to determine why the claim was denied. The lawyer will also attempt to work with your doctors to get additional medical records that may support your disability claim. It is important to ensure that your Social Security file is complete with up-to-date medical records to help achieve a favorable outcome.

Attorney Scott Lewis and his staff always attempt to work closely with their clients throughout the appeals process. Scott offers a free consultation to qualified claimants that contact his office to discuss their claim. Scott Lewis strives to stay in contact with his throughout the long drawn out process. Mr. Lewis takes great pride in the fact that he or his staff promptly returns his clients phone calls and makes full attempt to be courteous of their needs. Attorney Scott Lewis would gladly discuss his success rate wtih disability claims before taking on your claim.

If you have been denied Social Security disability benefits and you want to appeal that decision, call Indiana Attorney Scott D. Lewis for your free consultation at (317) 423-8888 to discuss your claim.

Crohn's disease is an ongoing disorder causing inflammation in the digestive tract (also known as gastrointestinal (GI) tract.) As Crohn's disease may affect any area of the GI tract, it most commonly affects the lower portion of the small intestines. The most common symptoms of Crohn's disease are abdominal pain and diahhrea. Some other symptoms include rectal bleeding, arthritis, weight loss, and skin problems. Because the symptoms of Crohn's disease are similar to other intestinal disorders, such as ulcerative colitis or irritable bowel syndrome (IBS), it may be difficult for doctors to diagnose. Unlike ulcerative colitis, Crohn's disease may cause inflammation to all layers of the intestine.

A person with Crohn's disease may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If you are an Indiana Social Security disability claimant with Crohn's disease, it's most likely necessary that you meet the Social Security Administration's criteria in order to qualify for disability benefits. The Social Security Administration (SSA) evaluates Crohn's disease in their "Listing of Impairments," Section 5.00 Digestive System; Section E. Claimants with Crohn's disease may qualify for Social Security disability benefits if he/she has the following:

• Persistent and recurrent intestinal obstruction causing abdominal pain, nausea, vomiting, etc.
• Persistent and recurrent systemic manifestations (such as iritis, arthritis, fever or liver dysfunction)
• Intermittent obstruction due to intractable abscess
• Body weight loss

Although it may be very difficult to get disability benefits for claimants with Crohn's disease, it's not impossible.  Claimant's that can prove their disability is severe may have better luck in getting approved for disability benefits.  It's important to have good medical evidence supporting your claim.  Many claims may be denied for claimants that are not following prescribed therapy for their Crohn's disease.  You must meet the SSA's criteria for Digestive disorders for at least 12 consecutive months or expected to last at a level of severity for 12 consecutive months.

If you would like to discuss your disability claim with an Indianapolis Social Security Disability Attorney, call Scott D. Lewis for a free consultation at (317) 423-8888.  Lawyer Scott Lewis can help you fight for the Social Security disability benefits that you deserve!

Indiana residence who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments may not be aware of the most recent announcement by the Treasury Department that disability checks may become completely paperless.  In December of 2010, the Treasury Department announced that government issued checks to SSDI or SSI recipients will begin going paperless as of May 1, 2011.  Many Indianapolis disability benefits recipients may wonder why the Treasury Department made this decision and how this will effect the disability recipient.

Why did the Treasury Department decide to go paperless with disability payments? Currently, approximately twenty percent (20%) of disability claimants still receive their disability payments by check.  Many factors go into making this decision.  First and foremost, the greatest benefit of going paperless to the SSDI or SSI recipient is that it will eliminate the risks of lost and stolen checks, and provides the disability recipient immediate access to their money on payment day.  From a government standpoint, there will be great savings to the government by going paperless.  The paperless effort is projected to save the Social Security Administration (SSA) roughly $1 billion dollars over the next ten years. This will be beneficial to taxpayers because the SSA spends approximately $120 million each year to mail paper checks to the SSDI and SSI benefits recipients.

How will the SSDI or SSI benefits recipients, who are currently receiving their payments by checks, be affected?  Because the paperless effort is going into effect on May 1, 2011, the Treasury Department is going to require SSDI and SSI recipients to arrange for an electronic direct deposit account by March 1, 2013.  Disability benefits recipients will be offered an educational program by the Treasury Department to guide them through this process.  This national program will be directly related to the switch to electronic payments.

How will these paperless payments be received?  Disability recipients will receive their payments either by direct deposit into a bank account or by a "Direct Express" debit card. Some may argue that this is not feasible for many older disability recipients who are lacking technical skills.   Although the original proposed regulations didn't provide exceptions to the paperless effort, consumer advocates lobbied for the Treasury Department to make exceptions for those individuals that will be heavily burdened by the switch.   Since the original announcement, the Treasury Department has carved out some exceptions to the new paperless regulations.

Attorney Scott D. Lewis agrees that there seems to be many benefits to going paperless, especially because the number of Social Security disability recipients is continuously increasing, but there are still great concerns for his clients that are lacking technology skills to make this transition.  As an Indianapolis Social Security Disability Attorney, Scott Lewis recommends his SSDI or SSI claimants to take advantage of the educational programs offered by the Treasury Department to make a successful switch from paper checks to the new paperless system.

If you or someone you know is applying for Social Security disability benefits, or have already been denied disability benefits, contact Attorney Scott D. Lewis at (317) 423-8888 for a free consultation regarding your claim.  Mr. Lewis and his staff are ready to assist you with your disability claim!

Are you an Indiana resident that has appeared in front of an Administrative Law Judge (ALJ) for your Social Security disability benefits hearing? Like most claimants, learning the terminology used by the Social Security Administration (SSA) can very confusing and difficult to understand. Indianapolis Social Security Disability Attorney Scott D. Lewis always attempts to assists his clients with any confusion that they may have during the appeals process.

Once you have had your hearing, the SSA will send you a notice with their decision. Claimants will receive a letter stating one of the following results:

• fully favorable;
• unfavorable;
• partially favorable; or
• dismissed.

The claimant's ultimate goal is to receive a fully favorable decision.  This means that you have won your claim and should receive the past due and monthly Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits that you deserve. 

The next best hearing result would be a partially favorable decision.  This decision means that the ALJ believes that you are disabled and unable to work but did not find you to be disabled on the date that you alleged that your disability began.  The reason for a different onset date can sometimes be attributed to the medical evidence not substantiating the date that you believe that you became disabled.  Lawyer Scott Lewis advises his clients to read this notice carefully because you may lose some of your past due benefits.  If the ALJ found the evidence of your disability to be strong enough to give you a favorable decision but decided that your disability onset date was different than what you alleged, the ALJ will determine the date of your disability and give past due payments based on that date.  If the ALJ decides that your onset date (the date you became disabled) is after your date of last insured, you may only qualify for SSI benefits.  This doesn't mean that a claimant will never get SSDI benefits with this decision, it may all depends on the onset date determined by the judge. 

Some claimants will receive a notice stating the result is an unfavorable decision.  Unfortunately, this means that you have lost your claim.  An unfavorable decision can be appealed to the Appeals Council.  Scott Lewis advises that if you decide to appeal your unfavorable decision, you may want to consult an attorney.  The appeals process can be very complicated and may require careful attention.  A qualified Social Security disability lawyer may be able to properly assist you in this process.

If you received a notice stating that your claim has been dismissed, there may be several reasons for this decision.  Some dismissals are determined because the claimant did not show up for their hearing and the court was not satisfied with the reasons for not appearing at the hearing.  You must show good cause to the court when missing your hearing.  Other reasons for a dismissal may be that the SSA has discovered that your claim has already been decided on the same issues with the same facts.  You cannot file a claim that has already been decided.  On the other hand, if you believe that you are not re-filing a previous claim or you believe that you did show good cause for missing your hearing date, you may appeal the SSA's decision with the Appeals Council.

If your initial claim for Social Security disability benefits has been denied, you must take the appropriate steps to get a hearing in front of an Administrative Law Judge.  Attorney Scott D. Lewis can help you through this process and fight for the benefits that you deserve.  For a free consultation, call Scott Lewis at (317) 423-8888.

How does the Social Security Administration (SSA) evaluate a disability claim based on cardiovascular impairments or heart disease? 

Indiana claimants with heart disease or other cardiovascular impairments may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The SSA defines Cardiovascular Impairments in the Blue Book "Listing of Impairments," Section 4.00 Cardiovascular System.  According to the SSA, Cardiovascular Impairments are any congenital or acquired disorder that affects the circulatory system or the proper functioning of the heart.  The circulatory system includes the veins, arteries, capillaries, or the lymphatic drainage.  Heart impairments result from one or more of four consequences of heart disease:

1. Chronic heart failure,
2. Pain or discomfort due to myocardial ischemia,
3. Central cyanosis due to reduced oxygen in the arterial blood or pulmonary disease, or
4. Syncope (or near syncope) due to lack of cerebral perfusion from any cardiac cause.

When filing a Social Security disability claim for heart (cardiovascular) disorder, it is important to support your claim with sufficient documentation.  Supply the SSA with detailed history reports, physical examination records, laboratory testing results, and prescribed treatment or medication.  This medical documentation should allow the SSA to assess the severity and duration of your impairment. 

The SSA has categorized Cardiovascular System impairments in the Listing of Impairments.  Some examples of cardiovascular impairments that are defined on the SSA's website are:

• Chronic heart failure
• Ischemic heart disease
• Recurrent arrhythmias
• Symptomatic congenital heart disease
• Heart transplant
• Aneurysm of aorta or major branches
• Chronic venous insufficiency
• Peripheral arterial disease

Many individuals attempting to get Social Security disability for heart impairment(s) consult Indianapolis Attorney Scott D. Lewis about problems that they experience.  Many claimants have had heart attacks and other cardiovascular events that have rendered them unable to work.   Individuals with medical records showing stent placement, pacemakers, and other medical devices used to stabilize or improve the medical condition may still find themselves unable to secure gainful employment.  Some common problems affecting those with heart impairments may include but are not limited to shortness of breath and finding themselves tired throughout most of the day.  While these medical procedures may help in ensuring an improvement in heart function, many claimants seeking disability still experience problems in their activities of daily living. 

If your heart disorder prevents you from working, you may qualify for Social Security disability benefits.  Indiana Social Security Disability Attorney Scott D. Lewis offers a free consultation at (317) 423-8888.  Call now!

If I am trying to get or I already receive Social Security Disability Benefits, will my children receive benefits also? Many disability claimants residing in Indiana may ask this question. There are different factors that figure into this equation. It is important to not "put the cart before the horse" because the main issue when trying to receive disability benefits is to win your claim and convince the Social Security Administration (SSA) that you meet the criteria for disability. Once you have achieved that favorable result then tackle the issue of whether your children will receive benefits.

So, if it is determined you meet the qualifications for Social Security disability benefits, also known as Title II benefits, your children may be entitled to dependent's benefits. Dependent benefts can also known as auxiliary benefits. Generally, children under the age of eighteen, or if they are between eighteen and nineteen and are still a full time student in elementary or secondary education, are eligible for these dependent benefits. Other factors for eligibility of these children may include:

• if you are indeed the child of the insured,
• whether you are actually a dependent of the insured
• if the child is unmarried, and
• that you have actually applied for these benefits.

There are also provisions for disabled children relating to the continuation of benefits. If all of the above applies to your situation and you are not receiving auxiliary benefits for your children, it is important that you contact the SSA to see if you qualify. Remember, when you are attempting to receive disability benefits for yourself or your children it may be helpful for you to be proactive instead of inactive.

If you or your child are attempting to receive disability benefits and are interested in speaking with an Indiana Social Security Lawyer contact Indianapolis Attorney Scott Lewis for a free consultation at (317) 423-8888.