Indiana Social Security Disability Lawyer Blog

If I am receiving Social Security disability benefits and I reach the age of retirement for Social Security retirement benefits, what will happen?

Many individuals receiving Social Security disability benefits wonder what will happen to their disability benefits when they reach full retirement age. Indiana residents often call the law office of Scott D. Lewis to inquire as to if they will get two payments or what exactly they should be prepared for at that time.

If you are currently receiving Social Security disability benefits, you should be aware your disability benefits are 100% of your primary insurance amount. Will you receive two disability payments? No, when you reach retirement age, your Social Security disability benefits payment amount will automatically convert to regular Social Security retirement benefits. Will your Social Security disability benefits remain the same forever?  Probably not, because there are periodic cost of living adjustments (COLA) determined and it can have an impact on your Social Security payment amount.

There may be one important change when you reach retirement age and your disability payments are converted. Social Security states you are able to receive your benefits with no limits on your earnings starting on the month of your retirement age. For an idea as to what Social Security considers full retirement age, you can refer to the SSA website.

If you have been denied Social Security disability benefits or know someone who believes they should be receiving disability benefits, contact the Law Office of Scott D. Lewis. Many times the disability appeal process can be confusing and the aid of an experienced lawyer may help you get the disability benefits you deserve. Contact Indianapolis attorney Scott Lewis today for a free confutation at (317) 423-8888.

Indianapolis Social Security disability claimants filing a disability claim based on seizure disorder (or epilepsy) often wonder how the Social Security Administration (SSA) evaluates this disorder in order to qualify for  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. 

To qualify for disability benefits based on this neurological condition, the following two requirements must be met:

1. A claimant must have a specified number of attacks, or episodes, occurring within a specified period of time; and
2. The episodes must occur even with a claimant's full compliance with prescribed medications. 

Simply stated,the disability claimant must demonstrate proof of a seizure disorder diagnonis or epilepsy diagnosis and must also indicate that anti-seizure medication has been prescribed, is being taken as directed, and that attacks continue to occur regardless of medications being taken.

At what frequency must these attacks take place in order to qualify for Social Security disability benefits?

According to the SSA, it depends on the type of epilepsy, or seizure disorder, that a disability claimant has. There are two types of seizure disorders that are addressed.  These seizures include convulsive epilespy and non-convulsive epilepsy.

If a claimant's particular form of seizure disorder is classified as "convulsive epilepsy" (grand mal seizures), such seizures must occur more frequently than once per month, in spite of at least 3 months of prescribed treatment. If these convulsive seizures occur during the day, these seizures must also involve loss of consciousness and convulsions.  If they occur at night, they must have the effect of interfering with the individual's activities on the following day.

If a claimant's seizure disorder is classified as "non-convulsive epilepsy" (petit mal seizures or focal seizures), such seizures must occur more frequently than once per week, in spite of at least 3 months of prescribed treatment. Additionally, non-convulsive seizures must involve either loss of consciousness, alteration of awareness (for example, confusion or disorientation), or have the effect of interfering with the individual's activities during the day.

If you or someone you know meets the SSA's requirements for epilepsy, you may qualify for Social Security disability benefits.  Epilepsy can also be considered as a disabiling condition when combined with other disabilities such as mental disorders, diabetes, obesity, and back problems just to name a few.  Indiana Social Security Disability Attorney Scott D. Lewis represents claimants that have been denied Social Security disability benefits.  If you would like a free consultation regarding your Social Security disability claim, call (317) 423-8888. 

Indiana Social Security disability claimants living with multiple sclerosis (MS) who are unable to work due to their MS related disability and/or other conditions, may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

The Social Security Administration (SSA) recognizes MS as a chronic illness or "impairment" that can cause disability severe enough to prevent an individual from working. Disability claimants applying for Social Security disability benefits on the basis of multiple sclerosis can be approved for benefits in one of two ways:

1. By means of a medical vocational allowance; or
2. By meeting the SSA's Listing of Impairment, Section 11.09 Mutlitple Sclerosis

In order to be approved for disability benefits by means of a medical vocational allowance, a claimant's medical records must show that their condition is severe and has lasted, or can be expected to last, for a period of not less than twelve months. During this actual or estimated twelve month period, the claimant's condition must also prevent them from working at a job they have done in the past, and prevent them from engaging in other work.

The SSA's Listing of Impairment, Multiple Sclerosis, specifically identifies the criteria required to meet this listing. In summary, the listing provides for three types of criteria that a claimant should meet in order to be awarded disability benefits.  A claimant must meet only one of the following three categories in order to qualify:

1. Motor function impairment
2. Visual impairments
3. Mental impairments

If you have any of the following symptoms, or any combination of these or other symptoms, that prevent you from working, you may qualify for Social Security disability benefits:

• Experience difficulty with walking, standing, and other motor skills
• Experience difficulty with seeing
• Speech impairment
• Find it difficult to concentrate or complete simple tasks
• Experience difficulty with remembering
• Have extreme fatigue 
• Experience side effects from prescribed medication(s)

It's important for the claimant to prove that their disabling condition has severe limitations on their life.  While SSI and SSDI provide different benefits, SSA uses the same disability determination process for both. You can even qualify for both at the same time.

Remember, you may appeal your Social Security disability claim if you have been denied benefits for muliple sclerosis.  Indianapolis Social Security disability lawyer Scott D. Lewis has represented claimants with multiple sclerosis. If you are a claimant with MS or if you know someone that is unable to work due to their multiple sclerosis, call Scott for a free consultation at (317) 423-8888. 

Indianapolis Social Security Disability Attorney Scott D. Lewis often finds his clients are confused by the difference between the two disability programs offered by the Social Security Administration (SSA). These two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI and SSI programs are administered by the SSA, both programs will pay a monthly benefit to qualifying disabled persons, and both programs follow the same procedures when determining if someone is disabled.

Although SSDI and SSI have some similarities, they are quite different programs. It is important to understand the difference in these two programs when applying for disability benefits.

Social Security Disability Insurance (SSDI) or also commonly known as Social Security Disability (SSD) benefits is the disability program that is funded by the Social Security taxes that are paid by employers, workers and people who are self-employed. This program requires the claimant to have earned the appropriate credits which is based on the taxable work of the disability claimant. This means that the claimant must have paid into this program through payroll taxes from previous work. This program was designed to assist those individual workers that paid into the program that become disabled and are unable to work until retirement age so they basically receive those benefits early.

Financial eligibility for SSDI is based solely on the F.I.C.A. Social Security (F.I.C.A.) payroll taxes the claimant paid through employment. This program is not based on your current wealth situation. To be eligible for SSDI, you must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (essentially five out of the last ten years). If you are under age 31, that number is reduced. If you are over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. So, as long as you can meet the payroll tax payment requirement, you may receive SSDI benefits if you become totally disabled regardless of what other income or wealth you may have. Monthly benefits are determined by the amount of F.I.C.A. taxes the disability claimant paid into the program over the years. The SSA attempts to estimate the payment amount that the claimant would have put into the program if they worked until retirement age. Monthly payment amounts may vary from person to person. Benefit payments begin 5 months after the "onset date" of the disability determined by the SSA.

Supplemental Security Income (SSI) is a program funded through general revenues. This program is designed to assist disabled adults and children that have a financial need due to their inability to work because of their disability. Opposite of SSDI, the SSI benefits program does look at the claimant's assets, resources, and income. Claimants must have limited income, resources and assets to qualify for this program. Monthly payments are determined by the amount of income the claimant earns each month. If a claimant is found to be disabled, the monthly payments will begin on the 1st day of the month the claimant filed for disability benefits.

Attorney Scott Lewis often recommends to his Indiana disability clients to apply for both programs when submitting their initial application for disability. Often times, claimants are not sure what program that they qualify for so it is important not to "miss the boat" when you may just qualify for one of these programs. Remember, if you apply to one of the programs but not the other, the SSA will not evaluate your claim for the opposite program. The SSA will only review your claim for what you are applying for.  So, as recommended by Social Security disability attorney Scott Lewis, take the time to complete both applications.

At the law office of Scott D. Lewis, Attorney at Law, LLC, Scott Lewis offers a free consultation to those individuals seeking Social Security disability benefits. Call Indiana Disability Appeals Lawyer Scott Lewis at (317) 423-8888 for your free consultation.

Indiana Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits claimants often experience pain from their disability, but find it difficult to explain the level of pain to the Social Security Administration (SSA). It may be likely that pain interferes with the claimant's ability to work. So, how does a SSDI or SSI claimant prove to the SSA that the pain they experience limits their ability to working?

Indianapolis Social Security Disability Lawyer, Scott D. Lewis, has represented claimants that experience pain causing them to be unable to work.  In these cases, it is important to effectively prove to the SSA that this pain prevents the claimant from performing their job and any other job.  Since pain is subjective, it may be hard to describe.  Pain is not a visible condition which makes it even harder to prove.  It is essential to identify the physical location of the pain.  Attorney Scott Lewis may ask his clients to rate their level of pain on a scale from one to ten, one being minimal pain such as a mild headache and ten being excruciating pain so severe that the individual must go to the hospital.  It is important not to exaggerate your pain because it may destroy your credibility in front of an Administrative Law Judge (ALJ).  When alleging pain, it is important to be credible.  Claimants should be specific about the level of pain during certain times.  For example, if you have constant pain at a level 5 but the level increases when you vacuum the house to a level 10, then the claimant should describe this change when performing certain activities.  If there is something that specifically triggers your pain, this triggering activity should be described.  For example, if you experience pain in your back from walking or if you experience migraine headache pain from staring at the computer monitor, this needs to be explained to the SSA.  Remember, you want to describe the pain in as much detail as possible.  The claimant should use accurate and detailed adjectives when describing their pain.  Such details may include sharp, dull, throbbing, piercing, or shooting pain.  It may be constant pain or it may progress with certain activities. 

Attorney Scott Lewis advises his clients to accurately describe their pain to their treating physicians at all times.  When visiting your doctor, it is important to be honest about your pain.  When the doctor asks you how you are doing, it's not uncommon for patients to answer "fine" even though they are in pain.  Also, if the claimant's treating physician ask if they are in pain and the answer is a simple "yes," that response may not be adequate to help detail teh claimant's medical records.  These responses may be recorded on your medical records and this may not help you win your Social Security disability claim. 

If your treating physician has prescribed you medication for your pain, it may be beneficial to share how the medication helps with the pain that you experience.  In some cases, the medicine might only alleviate some of the pain.  If that is the case, the claimant should describe what the medication does not relieve. 

Most disability claimants find it to be helpful to keep daily logs of their experiences of chronic pain.  Keeping records may truly benefit in proving your disability claim.  Remember your goal.  Your ultimate goal is to effectively describe your chronic pain in your disability claim.  In summary, a claimant would want to include the following information in their daily log:

• Location of the pain on your body
• Very descriptive words identifying what the pain feels like (remember to use the scale to describe the level of the pain)
• Duration of the pain
• Frequency of the pain
• Any activities that trigger the pain
• Any effects the pain has on the claimant
• Medication effects

If you or someone you know is experiencing pain due to a disability, you may qualify for disability benefits.  Attorney Scott D. Lewis can assist you in getting the benefits you deserve.  If you have been denied Social Security disability benefits, contact Scott Lewis for a free consultation at (317) 423-8888.