Indiana Social Security Disability Lawyer Blog

Autism is recognized by the Social Security Administration (SSA) as a disabling condition. Autism is a neurodevelopment disorder that affects social interaction and communication skills. Some symptoms of autism include, but are not limited to, repetitive or restricted behavior or lack of communication. The majority of Attorney Scott Lewis' disability clients attempting to receive disability benefits for autism have been children. While most of these clients are children, adults with autism may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. Indiana disability claimants facing this impairment may be entitled to disability benefits.

Found in the SSA's Listing of impairments, Section 12.10, Autistic Disorder and Other Pervasive Developmental Disorders (in both the adult and childhood listings) are the criteria required by the SSA for meeting the requirements for people with autism. There are several different types of autism including, but not limited to, Classic Autism and Aspergers Syndrome.  According to the SSA, the required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A.  Medically documented findings of the following: 

All of the following for autistic disorder: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; and markedly restricted repertoire of activities and interests;

OR

Both of the following for other pervasive developmental disorders: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity;

AND

B.  Resulting in at least two of the following: Marked restriction of activities of daily living; or marked difficulties in maintaining social functioning; or marked difficulties in maintaining concentration, persistence, or pace; or repeated episodes of decompensation, each of extended duration.

Many of the types of autism that Attorney Scott Lewis observes are Classic Autism, Aspergers Syndrome, Childhood Intergrative Disorder, Rett Sydrome, and Pervasive Development Disorder.  In Scott D. Lewis' Social Security disability law practice, he sees a wide variety of symptoms associated with autism. Many times these individuals have difficulty with communication and interacting with the society as a whole. The range and severity of symptoms seem to vary greatly. In his experience, some of these disability claimant's autism cannot be detected in superficial contact with the public. Upon closer observation, the impairment is quite clear. Many of these younger individuals will never be able to live independently and will most likely be unable to perform substantial gainful activity.

While much research is being done on the cause and prevention of autism, the truth remains it is an increasing diagnosis of disability.  If you or someone you know has been diagnosed with autism and believes Social Security disability might be an option, contact Indianapolis Social Security Disability Attorney Scott Lewis today for a free consultation at (317) 423-8888.

It may be a painful reality that the Indiana Social Security disability claims process is a long drawn out process. In some cases, disability claimants are faced with some unfortunate situations while they are waiting the 18-24 months to be in front of an Administrative Law Judge (ALJ). Indianapolis Social Security Disabilty Lawyer Scott D. Lewis often gets asked by his Social Security disability clients how they will be able to get their hearing date expedited. Mr. Lewis understands the client's frustration with the waiting process, but getting a hearing date faster than anyone else is not as easy as he'd like.

As most Social Security disability attorneys would share with their clients, getting a hearing date expedited may be difficult but not impossible. In some circumstances, a disability claimant may be able to prove a "dire need" to expedite the hearing. As most claimants experience, living without a paycheck, with existing ongoing medical bills, needing a place to sleep, and needing to eat can cause a lot of difficulty when it comes to survival. Attorney Scott Lewis often recommends to his clients to find a good support system during this difficult time. So, how does someone tell the Social Security Administration (SSA) that they are in a dire need to expedite the date of their disability hearing? First of all, the claimant and/or their disability lawyer must submit a "dire need" letter to the SSA explaining their extreme financial hardship. A "Dire Need" situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as lack of food, clothing, shelter or medical care.  The claim must allege specific immediate circumstances.  In Attorney Scott Lewis' experience, the preceding factors may be looked at, but the three main factors the Indiana Social Security Administration will focus on are homelessness, home foreclosures or being terminally ill.

You may wonder what the SSA would consider a dire need situation. Unfortunately, this may mean that things must get pretty bad for the claimant.  Requests for expediting a disability hearing are routinely denied, but some examples of a dire need situation are as follows:

1. If a claimant is the age of 55 or older, consideration of expediting the hearing is more likely.  Claimants that are 55 or older fall into a less restrictive disability category.  As a consequence, the claim is more easily decided by an Administrative Law Judge (ALJ) or an attorney advisor. 
2. If a claimant is terminally ill or when the claimant is at a critical risk for death if emergency life saving surgery is not performed immediately, this may be considered a dire need situation.   This circumstance must be put in writing by the claimant's physician and be submitted with the claimant's request to expedite the hearing. Terminal illness cases or "Compassionate Allowance" cases must clearly set forth the emergency medical situation involved.
3. If a claimant's home is about to be foreclosed or they are facing eviction, the SSA may consider this as a dire need situation.  When a claimant states this claim, they must support it with a Notice of Eviction, foreclosure notice from a mortgage lender, utility companies, etc.  This supporting evidence must be a legally driven notice not a handwritten note from a friend or relative.
4. If a claimant is on the brink of losing the ability to access needed medication, this may also be considered a dire need situation.
5. If a claimant becomes suicidal due to their situation, this may influence an expedited hearing.

As all disability claimants have the right to submit such request, seldom, if ever, these requests are granted.  With the extreme backlog of disability cases pending with the SSA, it's unlikely that a claimant will get their hearing date any faster. On occasion, Attorney Scott D. Lewis does file these requests to the SSA when a client notifies him of such situations.  In some cases, requests for an expedited hearing may only move the hearing date up by a few months.  It is only in extremely rare cases that the SSA will grant a request and hear the case within 90 days. 

If you have a pending Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888. On a regular basis, Attorney Scott D. Lewis deals with disabilities such as degenerative disc disease, diabetes, heart conditions, schizophrenia, COPD, and many other disabilities. 

Indianapolis Social Security Disability Attorney Scott D. Lewis represents claimants that are fighting to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Many of his Indiana clients ask him what disabilities will qualify them for these disability benefits programs. Even though a claimant doesn't always have to meet one the Social Security Administration's (SSA's) Listing of Impairments in order to win their claim, a claimant can win their claim if they do in fact meet the criteris of one the qaulifying impairments. The SSA has listed the criteria for each of these listed impairments that will medically qualify a person for SSDI or SSI benefits. This listing may also known as the SSA's "Blue Book."

Impairments listed in the SSA's Blue Book fall under one of the following categories:

• Musculoskeletal System
• Special Senses & Speech
• Respiratory System
• Cardiovascular System
• Digestive System
• Genitourinary Impairments
• Hematological Disorders
• Skin Disorders
• Endocrine System
• Impairments the Affect Multiple Body Systems
• Neurological
• Mental Disorders
• Malignant Neoplastic Disease
• Immune System Disorder

Every impairment has its own criteria for qualification or approval.  Disabling conditions such as diabetes, high blood pressure, congestive heart failure, personality disorders, anxiety, spine disorders, leukemia, and a variety of other cancers are included in this list of impairments.  Many times, the disability examiner that is reviewing the claimant's application will simply open the SSA's blue book and compare the disorder requirements with the medical evidence of the claimant.  If the disability claimant's supporting medical evidence meets the criteria of the listing, the claimant will be approved for disability benefits. 

Unfortunately, not all disabling conditions are included in the SSA's listing of impairments.  For example, carpal tunnel, fibromyalgia or irritable bowel syndrome are among some of the impairments not listed in the qualifying listing of impairments.  Disability claimants with such conditions might wonder how they would qualify for disability benefits when their impairment is not listed in the SSA's Blue Book.  Since the claimant's disabling condition does not meet or exceed the requirements of a listing, the claimant may get a medical/vocational allowance.  In this case, the disability examiner will look at the claimant's previous work experience and the claimant's medical records.  The examiner will determine if the claimant is capable of performing sedentary, light or medium work.  After the examiner determines what level of work the disability claimant is able to perform, he or she will determine whether or not the claimant is capable of returning to the past work based on the disability claimant's limitations.  In the case that the examiner determines that the claimant is unable to return to their previous employment, the examiner will determine whether there is other types of work the claimant can perform. 

In summary, claimants with a disability that is listed in the SSA's Listing of Impairments and that claimant's disability meets the criteria of that listing, it is likely that the claimant will win their claim.  When a claimant has a physical disorder combined with a mental disorder such as depression, it is important to get the appropriate medical documentation from a qualified physician.  Having a combination of impairments can only strengthen the disability claimant's claim.

If you or someone you know has questions regarding your disabling condition, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888.   

Is it a problem if I am receiving unemployment benefits and I am trying to get Social Security disability benefits?

Indiana disability applicants often ask Attorney Scott D. Lewis if receiving unemployment insurance benefits will be frowned upon by the Social Security Administration (SSA) when attempting to receive Social Security disability benefits. In his opinion, this "may" create a problem. He believes that when a disability claimant is collecting unemployment, but is applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the disability claimant is making two inconsistent statements. First, by collecting unemployment insurance benefits the person is saying that they are able to work. On the other hand, by applying for disability benefits the claimant is saying they are unable to work.

The SSA states that receiving unemployment insurance benefits do not preclude a person from receiving Social Security disability benefits. Although, the SSA goes on to add receiving unemployment benefits can be one of many factors considered in determining if an individual is disabled.

In Social Security Disability Attorney Scott D. Lewis' experience, Administrative Law Judges (ALJ's) often question his clients as to why they are making these too very different statements. Typically, the judge has the record of the disability claimant's earnings including unemployment at his or her fingertips during the hearing and may raise an eyebrow when confronted with this issue. One way to combat this potential disability dilemma is to attempt to amend the disability onset date to sometime after the unemployment payments have stopped. This may help the ALJ give you a favorable ruling in your appeal. In these tough economic times, a disability claimant can only hope an Indiana Administrative Law Judge may be sympathetic in that many individuals feel they may starve without these much needed unemployment funds.

In summary, while receiving unemployment benefits will not automatically disqualify a disability claimant from receiving Social Security disability benefits, it may be used to find your Social Security disability benefits claim denied. In Scott D. Lewis' law practice, he finds it helpful if the client keeps him advised as to any compensation they may be receiving while their claim is pending in order to adequately provide good legal representation.

If you are unable to work due to a disability such as multiple sclerosis, heart problems, bipolar disorder or any other impairment and need the advice of a Social Security Disability Lawyer contact the law office of Scott D. Lewis today for a free consultation at (317) 423-8888.

Can I get Social Security Disabilty Benefits If I have a Part-Time Job?

As an Indiana lawyer serving the Indianapolis & the surrounding area, Attorney Scott D. Lewis would never advise a Social Security disability claimant to not work if they are able to do so. In fact, many times he tells his disability appeals clients that they will not get rich by receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments and it is usually in the claimant's best interest to work if they are able. Often times, claimants may find it much more lucrative to work rather than not work and receive disability payments.

On the other hand, some Social Security disability appeals claimants find that they are able to work on a part-time basis. It is true, it may be alright to work as long as your earnings do not exceed the limit set by the Social Security Administration (SSA). This limit is called the Substantial Gainful Activity (SGA) amount. The monthly SGA amount may change each year.

It may be concerning to some claimants as to how this part-time work may be looked at by the adjudicators at the SSA. Many claimants wonder if the SSA will look at the part-time work and wonder if they are able to work more than part- time. Attorney Scott D. Lewis believes that this may a possibility. The SSA may believe the disability claimant can work more hours than he or she is currently working and the claimant is attempting to just stay under the SGA amount. The Social Security adjudicators may also believe the claimant is not seeking full-time work opportunities while remaining in a job setting that only offers part-time positions.

Attorney Scott D. Lewis has been present for Administrative Law Judge (ALJ) hearings where his disability claimant has been questioned extensively about a part-time job. Right or wrong, judges may think the claimant is not trying hard enough to maintain a full-time job.

With the lengthy waiting period to get to a hearing for your disability claim, many Indiana claimants find that they must work or lose their home or be unable to feed themselves. When faced with such limited options, many disability claimants resort to work activities that may result in an even more painful outcome.

In the end, it is ultimately the disability claimant's decision to work or not. Part-time work may raise eyebrows at the Social Security Administration, and may result in being questioned about your work activity. If you are considering filing for SSDI or SSI benefits and you have questions or need help on a pending claim, call Indianapolis Social Security Disability Lawyer Scott D. Lewis for a free consultation at (317) 423-8888. Attorney Scott Lewis handles disability claims ranging from mental disorders (such as depression and anxiety) to physical disorders (such as diabetes with neuropathy to degenerative disc decease) and nearly everything in between.  If you believe that you have a qualifying disability, complete the contact form on this page and Scott Lewis today!

Indianapolis Attorney Scott D. Lewis represents Social Security disability claimants that have been denied Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. In his experience in working with disability claimants, there seems to be one common question his clients ask him. "How can I improve my Social Security disability claim?"

Mr. Lewis believes that there is no one trick to winning your Social Security claim but there are ways of effectively presenting your claim to the Social Security Administration (SSA) to help support your claim.  When a claimant is filing their initial claim to the SSA, the claimant should submit all medical records that support their claim with this initial application.  It is very important to provide the SSA the medical records that support the claim.  It is Attorney Lewis's experience that you should not depend on the SSA to retrieve all of your medical records.  While you are waiting for the decision of your initial application, continue to see your medical doctors and continue any and all treatment for your disability.  It's important not to miss any doctor's appointments during this period. 

If you have been denied disability benefits, immediately file an appeal.  The claimant should file a "Request for Reconsideration."  This is when the claimant disagrees with the SSA's decision and would like the SSA to reconsider their claim.  At this point, you may have an attorney represent you in this claim.  There are many benefits to having an attorney represent you during the appeals period.  The attorney may keep you informed of any deadlines, can help you obtain medical records, may assist in completing the appeal and may assist in submitting all necessary paperwork to the SSA.  Whether you have an attorney or not, during this appeals period, submit all new medical records and test results to the SSA.  Also, submit any new doctor, hospital, and clinic information to the SSA.  These records and information may help you win your claim.  Build your relationship with your treating physicians.  Ask your doctor if he/she would be willing to complete a "Residual Functional Capacity" (RFC) assessment to submit to the SSA.  These forms may greatly enhance your chances of winning your claim.  RFC forms are available on the SSA's website. 

It is always important to stay involved in your case.  Scott Lewis advises his clients to keep a journal of how their disabling condition affects their day to day life.  It is wise to keep notes describing specifically what these effects are.  For example, if a claimant is taking a medication that causes side effects, make a note of this side effect.  Explain what affects this disability have on your day to day activity and if it affects your sleeping patterns.  Whatever the claimant is experiencing, it should be noted in a journal to support the claim. 

As most Indiana disability claimants are aware, the claims process may be long and frustrating.  Stay calm and be patient.  Be careful to not take your frustration out on your legal representative or the Social Security Administration employees. Many of them may also be frustrated with the disability claims process. 

As earlier stated, there are no one trick to winning your claim but the above tips may help improve the way your claim is presented to the SSA.  In Attorney Scott Lewis's experience, the success rate is much greater when a claimant has the appropriate supporting documents in order to meet the SSA's evaluation requirements.  If you or someone you know is experiencing disabling impairments such as but not limited to multiple sclerosis, diabetes, neuropathy, degenerative disc disease, or depression and have been denied SSDI or SSI benefits, contact Scott Lewis for a free consultation at (317) 423-8888.  He may be able to help you win your claim!

What is a Consultative Examination?  A consultative examination is paid for by the Social Security Administration (SSA) to help determine what disabling condition(s) the Social Security disability claimant may be suffering from. This examination may be performed by a psychiatrist, psychologist, or a medical doctor.

The role of the examiner is to generate a report that the Social Security Administration will consider to determine if the disabling condition meets the standards set forth by the SSA to be a disabling impairment preventing the disability claimant from working. This medical professional will not treat you, but instead will most likely question you about your disabling conditions.

Do I have to go to the Consultative Examination?  Your claim may be denied if you do not attend the examination. While many Indiana residents complain that the physician at the examination did not adequately evaluate their disability, Attorney Scott Lewis advises his clients to go ahead and "jump through this hoop" in order to move the claim along. Although, it is very important to let the medical professional know all of your disabling conditions and try to explain how these disabilities affect you in everyday life.

Can my treating physician do my consultative examination?  Yes, but Attorney Scott Lewis has never seen this done. Perhaps, treating physicians will not accept the low fee the SSA offers, or other reasons may exist. Almost always, the SSA will have a person that has no knowledge of the disability claimant's condition perform the examination.

In Attorney Scott D. Lewis' Social Security disability practice, almost all disability claimants have similar complaints of consultative examinations. These complaints include:

• The medical doctor, psychiatrist, or psychotherapist didn't listen to me and would not even address the actual disabilities I have. 
• The medical doctor, psychiatrist, or psychotherapist rushed through the examination.
• The medical doctor, psychiatrist, or phsychotherapist told me that I was disabled and there shouldn't be a problem getting my benefits, but then shortly after I was denied benefits by the Social Security Administration.

In conclusion, Indiana resident going through the lengthy disability process need to acknowledge this is just one more step they are going through to hopefully receive their disability benefits. Attorney Scott Lewis finds that your own medical professional is usually your best bet when appealing your disability claim.

If you find yourself filing an appeal and you suffer from various disabilities such as back problems, arthritis, diabetes, heart problems, depression, or any other disabling impairment contact the law office of Scott D. Lewis for a free consultation today at (317) 423-8888.