Indiana Social Security Disability Lawyer Blog

Indianapolis Social Security disability Attorney Scott Lewis often talks to potential clients about disabling conditions that are very difficult to live with. Irritable Bowel Syndrome or IBS can affect a Social Security disability claimant's life in such a way as to make it impossible to maintain a full time job. For that reason, individuals with Irritable Bowel Syndrome may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

Irritable Bowel Syndrome may cause abdominal pain and cramping among other painful symptoms.  It can also be characterized by periods of loose stools and periods of constipation.  This painful condition can intrude on almost all aspects of a person's life.  While there may be physical disabilities associated with IBS, there may also be mental disabilities including anxiety, stress, and even depression.

How does the Social Security Administration (SSA) look at Irritable Bowel Syndrome?  The Social Security Administration recognizes Irritable Bowel Syndrome in its Listing of Impairments under Listing 5.06 Inflammatory Bowel Disease (IBD).  What happens if your case of Irritable Bowel Syndrome does not precisely meet the listing?  You may still be able to win your Indiana Social Security disability claim or Indiana Social Security disability appeal.  If you can show Irritable Bowel Syndrome effects you in such a way that you cannot perform substantial gainful activity.  Your Irritable Bowel Syndrome may prevent you from working because you have to take unscheduled breaks.  Most employers are unable to tolerate a worker that cannot stay on task for certain periods of time. 

Indiana residents that suffer from Irritable Bowel Syndrome or IBS and are unable to perform work like activity because of this disabling condition may want to consult with a Social Security disability attorney to evaluate their claim.  Many disabilities such as Irritable Bowel Syndrome can be difficult to discuss, but it is important for Indiana and Indianapolis Social Security disability claimants to know that they are not alone in dealing with these types of disabilities.  

At the law office of Scott D. Lewis , Mr. Lewis provides a free confidential evaluation on many disabilities including Irritable Bowel Syndrome.  Social Security disability lawyer Scott Lewis has won cases for individuals suffering from Irritable Bowel Syndrome and he would be happy to discuss your own personal claim.  Indianapolis disability lawyer Scott Lewis travels throughout the state of Indianan practicing Social Security disability law.  If you would like a FREE consultation call (317) 423-8888 today!   

Indianapolis disability lawyer Scott D. Lewis receives many telephone calls daily asking if a consultation is free or if the potential disability claimant has to pay to speak with him.  The answer is simple, at the Law Office of Scott D. Lewis, the initial consultation is FREE.  In order to assess whether you have what he believes to be a "valid" Social Security disability claim, Attorney Scott Lewis finds it necessary to discover preliminary information about the claimant to help sort out whether they have what he considers a "good" claim. 

Some questions in the initial consultation between the potential client and Attorney Scott Lewis may include:

1.  What is your current disability or disabilities?

2.  How do your disabilities prevent you from working?

3. Are you currently working?  If you are working, is it only on a part time basis?

4.  Are you filing a Social Security Disability Insurance (SSDI) claim or a Supplemental Security Income (SSI) claim, or both?

5.  If the Social Security Administration (SSA) has denied your claim, why were you denied?

6.  Are you seeing medical professionals and do you have medical records describing your disabling condition?

While these are just a few of the questions Indianapolis Social Security Disability Attorney Scott Lewis may ask in his initial consultation, it is important for the potential Social Security disability client to ask and answer many other questions in order to get a good idea what their particular claim is about and what direction it should go in. 

Most Social Security disability claimants are worried about cost.  Indianapolis and other Indiana residents need to rest assured the initial consultation with Scott Lewis and his staff is of no cost to them.  With that in mind, Social Security disability claimants should use this to their benefit and ask questions that concern them.  Many fears the disability claimant may face are common in disability claims and many times Attorney Scott Lewis may give them a better understanding as what to expect in the disability claims process.

You don't need to have filed a Social Security disability claim to speak to Attorney Scott Lewis for a free evaluation of your case.  If you are still working and in your near future believe you will be unable to work due to a disabling condition, or your physician has told you to stop working because of your condition, feel free to call Lawyer Scott D. Lewis for a free consultation.  Also, if you have been denied and believe the Social Security Administration (SSA) has made a mistake in denying your disability benefits call Scott Lewis for a free evaluation of your case.

Indianapolis Attorney Scott Lewis represents Indiana residents with a wide variety of disabilities including arthritis, depression, back problems, bipolar disorder, diabetes, and many other conditions.   If you or someone you know would like a free consultation call (317) 423-8888 today to discuss you case with a lawyer whose practice is focused on Social Security disability law.

Many hard working Indiana residents struggle to accept the fact they are no longer able to work to support their families due to a disabling condition. Depending on your disability working part time or eventually returning to the work force full time may not be out of the question. There are a few things to consider, such as how much money you can make and what programs the Social Security Administration (SSA) offers to get you back in the work force.

The first thing a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) recipient may want to consider is how much money they can make working without jeopardizing their Social Security disability benefits.  This is called the Substantial Gainful Activity (SGA) Amount.  This is a monthly amount an individual cannot exceed after subtracting impairment related work expenses.  SGA is a higher limit for statutorily blind individuals.  In 2010, the monthly dollar amount is $1,640 for statutorily blind individuals and $1,000 for other disabled individuals. 

A program of interest for Social Security disability recipients wanting to re-enter the workforce is the Trial Work Period.  In this scenario, a person may try to re-enter the work force and still have earnings and continue to collect Social Security disability benefits. There are rules covering the Trial Work Period in the link provided above.  Indianapolis Social Security Attorney Scott Lewis receives calls on a weekly basis asking what the provisions are for earning money while collecting Social Security disability benefits and routinely steers these questions for more specific information to the Social Security Administration's website.

The above information is not intended as legal advice, if you have a disabling condition that is preventing you from working, contact the Law Office of Scott D. Lewis for a free consultation.  Many conditions such as arthritis, depression, cancer, and scoliosis can prevent you from working.  If you suffer from a disabling condition, contact Lawyer Scott D. Lewis for a free consultation at (317) 423-8888.

Indianapolis Social Security Attorney Scott Lewis often gets telephone calls from Indiana residents asking when they should file their initial Social Security disability claim.  Many disability claimants make the mistake of waiting because they believe they must be disabled for a period of one year before they can file a Social Security disability claim.  There are a number of things to consider when deciding to file a Social Security disability claim:

1.  Has your disability or combination of disabilities prevented you from making enough money to take care of yourself and/or your family?  The amount of money the Social Security Administration (SSA) considers to meet this level is called the Substantial Gainful Activity (SGA) amount.  In 2010 the SGA amount for non-blind individuals is 1,000.00.

2.  Will you meet the "durational requirement"?  Your disability must actually last for 12 months or be expected to last for 12 months.  Many times Lawyer Scott Lewis tells his clients if there is a question as to whether the disability will last for 12 months, do not give up on the claim.  If the disability is preventing you from performing SGA, as stated above, it may be in your best interest to appeal your disability claim if you are unsure as to whether you may recover from your disabling condition.  Also, due to the lengthy hearings process in your Social Security disability appeal you may have very well met the durational requirement before you find yourself before an Administrative Law Judge (ALJ).

3.  Don't jeopardize your "date last insured".  Based on your work history and paying into the Social Security system you will establish a dale last insured.  A Social Security disability claimant must prove they became disabled before the date last insured in Title II also known as Social Security Disability Insurance (SSDI) claims.

4.  Also in Title II or Social Security Disability Insurance (SSDI) claims you can only receive disability benefits for one year prior to your application date.  So, by delaying your initial Social Security disability application you may lose out on disability payments you may have been entitled.

Indianapolis Social Security Attorney Scott Lewis urges you to contact his office at (317) 423-8888 if you have question regarding whether you should apply for your Social Security disability benefits or when you should apply for your disability benefits.  Social Security Lawyer Scott D. Lewis practices in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.  He handles cases involving diabetes, back pain, bipolar disorder, multiple sclerosis and many other disabilities.  Scott Lewis is a Social Security Lawyer located in downtown Indianapolis just minutes from the Social Security Administration's hearing office. 

You just received a letter stating your Social Security disability claim was denied and you are wondering what to do next?  Indianapolis Social Security disability lawyer Scott Lewis receives calls asking this very question every day. Indiana residents receiving a notice of disapproved claim need to know they have certain rights and can appeal a denial of their Social Security disability claim.

There can be a few reasons you find yourself denied by the Social Security Administration (SSA).  When Attorney Scott Lewis hears that your Social Security claim was denied because the Social Security Administration did not feel that your disability was severe enough to prevent you from working, he realizes you may have grounds to appeal the decision.

Why did you get denied?  One reason you may have been denied your Social Security disability benefits is because your medical record was incomplete.  In your initial application you may have unintentionally omitted important medical sources.  Another reason could be the SSA was unable to get important medical documentation that you told them about.  There could have been an oversight by the SSA or an oversight by the medical source you provided to them.  In any case, by the time you reach an Administrative Law Judge (ALJ) hearing it is very important that your Social Security claim file is up-to-date and complete.  While the above may be one reason you are denied, there can be many other reasons for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial. 

What to do next?  A "Request for Reconsideration", sometimes referred to as an appeal by Social Security disability claimants is usually the next step when receiving an initial denial.  Basically, what you are saying to the Social Security Administration is "hey, you made a mistake take another look at my disability claim".  You have 60 days plus some mailing time from the date of your initial denial to file the Request for Reconsideration.  If denied at this stage, you then must file a Request for a Hearing by an Administrative Law Judge.  At this point, you usually find yourself waiting a long period of time for your day in court.

If you find all of the above confusing, you are not alone.  Many of Scott Lewis' Indiana Social Security disability appeals clients come to him to help them understand the process.  Indianapolis Attorney Scott Lewis tries to explain to his disability clients in as much detail as possible how the Social Security disability process works and how to prepare for thier disability appeal. 

The above is not intended as legal advice and if you desire help with your Indiana Social Security disability claim, you can send a contact form or call Scott D. Lewis at 317-423-8888 for a free consultation.  Attorney Scott Lewis handles cases dealing with back pain, depression, heart problems, diabetes, and many other impairments.  Scott Lewis and his staff strive to get you the benefits you qualify for.

Indianapolis Attorney Scott Lewis often finds himself talking to his clients in depth about the pain they are experiencing.  Describing your pain in detail may help a Social Security disability client win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely on is your testimony.  With that in mind, disability lawyer Scott Lewis believes it is very important to describe the pain you feel as accurately as you possibly can. 

Different Social Security disability claimants experience and tolerate pain at varying levels.  Due to the subjective nature of pain, it may be difficult to explain to the Social Security Administration (SSA) and make them understand how painful your condition is.  Many physical conditions can cause pain including back problems, fibromyalgia, diabetes, migraine headaches, COPD, heart problems, and other conditions.  A Social Security disability claimant may experience pain from not one physical condition, but a combination of physical conditions. 

Many times at a Social Security disability hearing, Indiana Attorney Scott Lewis will ask his disability clients questions to help them better explain the pain they experience.  For example:

Where do you feel the pain?  If you experience pain in your back and it radiates down your legs, you should let the SSA know the exact location of your pain.

What does the pain feel like?  If it is a sharp, dull, or burning sensation, you should describe it in as much detail as possible. Many times, Attorney Scott Lewis may ask his Indiana disability clients to describe the pain they experience on a zero to ten scale.  Zero being no pain and ten being pain so severe they must go to the hospital.

How often do you feel the pain?  Is it hourly, daily, weekly, etc.? 

How long does the pain last?  Does the pain come and go, or does it last throughout the entire day?

Is there anything that makes the pain better or worse?  Do medications help alleviate the pain?  Does it help to lie down? 

Does the pain affect your activities of daily living?  Is it too painful to sit, stand, walk for even short periods of time?  Are you able to do household chores such as laundry, cleaning, wash dishes, and cook?  Are you unable to leave your house due to the pain you experience? 

Attorney Scott Lewis believes it is important for his Indiana Social Security disability appeal clients to know that it may make a big difference to answer questions fully concerning their disabilities.  Many times a simple yes or no answer may not be enough to help inform an ALJ to understand how you experience pain.  Most disability appeal hearings are only 45 minutes long, and walking out of the hearing room without explaining the pain you experience may be a mistake. 

Whether you experience physical pain or a mental disorder, such as schizophrenia, bipolar disorder, depression, or a learning disorder, you may want to consult an experienced Social Security disability lawyer.  Attorney Scott D. Lewis offers a free consultation by calling (317)423-8888.  If you or someone you know would like to talk to a Social Security appeals attorney, call today! 

Many Indiana residents experience some degree of hearing loss. The Social Security Administration (SSA) has some programs that provide disability benefits to people with permanent impairments such as hearing loss. Indianapolis Social Security disability claimant's with hearing loss may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if they meet the criteria required by the SSA in the SSA's "Listing of Impairments".  To determine whether you qualify for such benefits, the SSA's criteria for hearing loss can be found in the SSA's "Listing of Impairments," Section 2.0, Special Senses and Speech.   

There are two different listings for hearing loss on the Social Security Administration's Listing of Impairments.  In Section 2.10, criteria is defined for people who have hearing loss and do not have a cochlear implant.  In Section 2.11, criteria is defined for disability applicants who have had a cochlear implant. 

 

What evidence should a disability claimant provide the SSA to help win their disability claim?

The SSA will need evidence showing that you have a medically determinable impairment that causes your hearing loss and audiometric measurements of the severity of your hearing loss.   Generally, the SSA requires both a complete otologic examination and audiometric testing to establish that the claimant has a medically determinable impairment that causes the hearing loss. Once the SSA has evidence that the claimant has a medically determinable impairment, the SSA can use the results of audiometric testing to assess the severity of the hearing loss without another complete otologic examination. Test scores together with any other relevant information about your hearing may help support your disability claim.

It's important to know the SSA's requirements in order to successfully submit medical evidence in support of your claim.  The SSA requires that the complete otologic examination must be performed by a licensed physician (either medical or osteopathic doctor). This exam must include the following:

• medical history,
• description of how the hearing loss affects the claimant,
• the physician's description of the appearance of the external ears,
• evaluation of the tympanic membranes, and
• assessment of any middle ear abnormalities.

Audiometric testing must be performed by, or under the direct supervision of, an otolaryngologist or an audiologist.

When a claimant does not have a cochlear implant, the SSA requires an audiometric test to support their disability claim. 

What audiometric testing does the SSA need when the claimant does not have a cochlear implant?

According to the SSA's listing of impairments, the SSA generally needs the following testing when a claimant does not have a cochlear implant:

• pure tone air conduction and bone conduction testing,
• speech reception threshold (SRT) testing, and
• word recognition testing.

This testing must be conducted in a sound-treated booth or room and each ear must be tested separately. You must not wear hearing aids during the testing. To determine whether the disability claimant's hearing loss meets the air and bone conduction criteria in Section 2.10, the SSA will average the air and bone conduction hearing thresholds at 500, 1000, and 2000 Hertz (Hz).

What audiometric testing does the SSA need when the claimant does have a cochlear implant?

The SSA will consider you to be disabled until 1 year after initial cochlear implantation. After that period, the SSA may require word recognition testing performed with any version of the Hearing in Noise Test (HINT) to determine whether your impairment meets this listing. This testing must be conducted in quiet sound field. Your implant must be functioning properly and adjusted to your normal settings. The sentences should be presented at 60 dB Hearing Level (HL) and without any visual cues.

Some symptoms and or diseases that may accompany the hearing loss may include the following:

• Difficulty with word recognition,
• Vertigo (disturbances in balance) causing hallucinations of motion, dizziness, nausea, light-headedness, confusion, and several other side-effects, or
• Ménière's disease which is characterized by unpredictable and irregular attacks of vertigo, tinnitus, and fluctuating hearing loss.

Social Security disability claimants may want to provide medically acceptable imaging to support the evaluation and diagnosis of their hearing loss.  Such imaging may include, but not limited to, x-ray imaging, computerized axial tomography (CAT scan) or magnetic resonance imaging (MRI), with or without contrast material, myelography, and radionuclear bone scans. 

There are some risk factors that may be the cause of your hearing loss.  Aging is the most common reason that people experience some degree of hearing loss.  A person's heredity may also come into play.  Some genetic factors may make a person more susceptible to hearing damage.  Farming, factory work, or other jobs that require noisy heavy machinery may also cause ear damage.  Other loud noises such as firearms, fireworks, headphones, or motorcycles may damage your ears also.

Hearing loss can prevent people from performing some jobs and can make life hard in general.  If you have been denied Social Security disability benefits call Scott D. Lewis, Attorney at Law for help.  Scott D. Lewis is an Indiana attorney located in downtown Indianapolis.  If you or someone you know has a debilitating condition such as blindness, loss of speech, hearing loss, or any other disability condition, call (317) 423-8888 for a free consultation today!

Social Security disability claimants entering an Indiana hearings office for their disability appeal may wonder what to expect. For many Indiana residents, the idea of appearing in front of an Administrative Law Judge (ALJ) may be intimidating. Attorney Scott D. Lewis tries to explain to his Social Security disability clients what to expect at the hearing and attempts to explain to the client what the strong and weak points of their disability claim are. As far as what to expect at your hearing for your appeal, here are a few items clients wonder about:

What should I do when I arrive at the hearing office?

The Social Security hearings office usually request the clients to arrive at theoffice 30 minutes before their scheduled disability hearing. The Social Security Administration request the claimant to bring a picture I.D. and many Social Security hearing offices will have security that may require you to go through a metal detector.  After passing through security, the disability claimant should check in with personnel at the Social Security hearings office to let them know you have arrived and then the disability claimant can take a seat.

What does the hearing room look like?

In the Indianapolis Social Security hearings office, disability clients are usually surprised to find a rather informal hearing room.  The rooms are small with desks and chairs for the disability client, the representative, experts, and a court reporter to sit at.  The ALJ is usually at another desk that is more elevated.  The hearing rooms are not "grand" court rooms you may have seen on television, but a more informal environment.

How long will my Social Security hearing last?

The length of the hearing varies for from judge to judge, but in Social Security Disability Attorney Scott Lewis' experience, most disability appeal hearings are scheduled for 45 minutes.  Some Administrative Law Judges conduct appeal hearings that last longer, while some conduct shorter hearings.  Much of the time discrepancy may depend on how much medical evidence there is to go through and the extent of questioning of the disability client and experts, if any are present.

Who will be at my Social Security appeal hearing?

This also may vary from Judge to Judge.  People attending your Social Security hearing can include an attorney or representative (if you choose to have one), a medical expert, a vocational (job) expert, a court reporter, and the Administrative Law Judge.  As stated earlier, this can vary as some Administrative Law Judges do not use the aid of experts. 

Will I know if I won my Social Security disability case that same day?

Maybe.  Some Administrative Law Judges issue a "bench decision".  If the Judge decides in favor of you, he can issue the decision at the hearing.  Although, more often you will not know if you have won your Social Security disability claim that same day.  A written ruling is mailed out at a later date stating if your claim was found favorable or unfavorable. 

The information above is not intended as legal advice, only the experiences of Scott D. Lewis, an Indiana Social Security disability lawyer.  Your experience with the Indiana Social Security disability hearings office or any other Social Security hearings office  may be entirely different depending on your particular disability claim or procedures in that particular hearings office.

Social Security Attorney Scott Lewis handles many different types of disability claims.  If you are appealing a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim and would like to discuss your claim, call (317) 423-8888.  Mr. Lewis handles cases ranging from Non Hodgkins Lymphoma, diabetes with neuropathy, bipolar disorder and many other claims.  Mr. Lewis is located in downtown Indianapolis, only blocks away from the Social Security Hearings Office.  Call today for your free consulation!