November 2010 Archives

November 30, 2010

Indianapolis Social Security Lawyer Scott Lewis and his Thoughts Concerning Video Hearings

The Indianapolis Office of Disability Adjudication and Review has a tremendous backlog of Social Security disability appeals waiting to be heard by Administrative Law Judges (ALJ).  This is no big secret to the Social Security Administration (SSA) and in an attempt to help alleviate the huge caseload they have turned to video hearings.  Does this mean an Indiana Social Security disability claimant will have a video hearing?  No, there is still a possibility you will appear at an "in person" hearing with the ALJ sitting right in front of you.  Indianapolis disability attorney Scott Lewis has noticed recently that Indiana disability claimants need to expect the unexpected when dealing with Administrative Law Judges from other locations. 

It is not uncommon for Indiana Social Security disability attorneys to see the same Administrative Law Judges over and over at "in person" hearings at the Indianapolis Social Security hearings office.  Familiarity with the Judges can often help an Indiana Social Security disability lawyer know what to expect at the court proceeding and be well prepared for the type of questions that will be asked by the Judge.  Also, this type of familiarity will usually help the Social Security disability attorney know what particular things a certain judge is looking for to achieve a favorable outcome.

Now, lets mix in an Administrative Law Judge (ALJ) sitting in a courtroom peering through a small television monitor hundreds of miles away who may have never stepped foot in the state of Indiana.  You may enter the courtroom in a wheelchair, the ALJ may not see, and you may grimace in pain that he may not see, and then he speaks to you in a voice that seems to echo from the audio equipment. You look at your Indianapolis Social Security Attorney for guidance and he displays calm character as if he has it all under control, but is thinking you may have faired much better at an in person hearing.  It is Indianapolis disability attorney Scott Lewis' experience some mental and physical disabilities may be very difficult for a Judge to assess through means of audio visual equipment. 

So, are video hearings a bad thing?  Attorney Scott Lewis thinks it depends on the Administrative Law Judge conducting the hearing and various other variables already stated.  While you as an Indiana Social Security disability claimant may be thrilled that you are getting a hearing earlier than you would have, the possibility that you may receive an unfavorable outcome because you have agreed to a video hearing is always there.  In Indianapolis Social Security lawyer Scott Lewis' experience, you do have a right to decline a video hearing and have an "in person" hearing.  This is a decision you can discuss with your Social Security disability lawyer or representative.

The above information is the experience of Indianapolis Disability Scott Lewis'.  Other disability attorneys may not share these viewpoints.  If you have questions concerning your Indiana Social Security disability claim, you can contact Scott D. Lewis for a free consultation.  Indiana Social Security Attorney Scott Lewis handles a wide range of claims including diabetes, heart disease, stroke, epilepsy, multiple sclerosis, schizophrenia, and many other conditions.  Contact Mr. Lewis and his staff at (317) 423-8888 for your free case evaluation. 

November 29, 2010

Indiana Disabililty Lawyer Scott Lewis Thoughts on Social Security Administration's New Website

Many Indiana residents applying for Social Security disability benefits online may find the Social Security Administration's (SSA) new website a bit easier to navigate compared to the older website.  While it may be more pleasing to the eye, the revamped website appears to be very similar to the old website.  Actually, it is not too difficult to apply for disability benefits online by just following the simple prompts provided by the website.

monitor.jpgBy typing in www.ssa.gov you can enter the new Social Security website.  At the top of the SSA website home page you will see a tab for "disability".  By clicking on this tab you will see directions for following four steps to get the process started.  This page not only gets you started on applying for disability benefits, but you may also check your disability application status and also appeal a denied medical decision about your claim.  There are a number of other things you can do online with the Social Security Administration's website, you may want to take a moment to see if any other areas of the website are of interest.

While you can apply for Social Security Disability Insurance (SSDI) benefits online, it is still Indianapolis Social Security Attorney Scott Lewis' understanding you cannot apply for Supplemental Security Income (SSI) benefits on the www.ssa.gov website.  Indianapolis disability lawyer Scott Lewis advises his clients to call the Social Security Administration at 1-800-772-1213 to apply for Supplemental Security Income (SSI) benefits.  Indianapolis disability lawyer Scott Lewis advises his clients to apply for both programs in the event you are not eligible for one program then the other program may be appropriate for your circumstances.

Indiana disability attorney Scott Lewis is available for a free consultation if you find the application process confusing.  By simply calling (317) 423-8888 you can get most of your questions answered over the telephone.  Attorney Scott Lewis sees a wide range of disabling conditions such as cancer, emphysema, diabetes, autism, depression, and many other impairments.  If you are considering filing an application for Indiana Social Security disability benefits, contact Mr. Lewis for your free consultation today!

November 22, 2010

Indianapolis Social Security Lawyer Scott Lewis Comments on What Amount Your Disability Benefits Might Be

cash.jpgIndiana Social Security disability payments can vary from one person to another.  Indianapolis Social Security attorney Scott Lewis is often asked what a person can expect from the first monthly disability payment his client may receive in the mail.  Depending on what program you qualify for, the amounts can vary and the reason you get that particular amount can also vary.  The criteria to establish the dollar amount for Social Security Disability Insurance (SSDI) benefits versus Supplemental Security Income (SSI) benefits are very different. There are a few things you may want to consider when examining why you receive a particular dollar amount from these two different programs.
  • Social Security Disability Insurance (SSDI):  With this program Social Security disability payments are based on an average of the earnings over the years that you worked.  This program is funded through tax revenue you are paying as you work.  Because individuals incomes can vary greatly, the calculated amount of a disability benefit check can vary greatly also.  This calculation can be complex and to get an accurate amount it is recommended you contact your local Indiana Social Security office.
  • Supplemental Security Income (SSI):  This program does not require a person to pay through payroll taxes in order to qualify for benefits.  It is more of a "need" based program.  Your SSI payments are usually lower the more income you receive.   The Social Security Administration (SSA) may consider income as earned income, unearned income, in-kind income, and deemed income.  Again, this program may seem complicated and relies on different formulas and it may be in your best interest to contact your local Social Security Administration office to receive accurate information.

Indianapolis Social Security disability attorney Scott Lewis recommends his clients to apply for both the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program when applying for Indiana Social Security disability benefits.  It may be beneficial to have concurrent claims because if for some reason an Indiana resident does not qualify for one program, they may qualify for the other.  It is Indianapolis disability lawyer Scott Lewis' experience that you should let the Indiana Social Security offices decide which program you are entitled to rather than trying to figure it out yourself.

If you find that you are unable to work due to a disabling condition and are unsure if you qualify for Indiana Social Security benefits call Scott D. Lewis for a free consultation.  Many questions can be answered over the telephone by calling (317) 423-8888.  Indianapolis disability attorney Scott Lewis sees cases involving degenerative disc disease, heart problems, stroke, cancer, depression, autism, and many other conditions.  You have a right to representation in your Indiana disability claim, so call now for a free evaluation of your claim. 

November 18, 2010

Indianapolis Disability Attorney Scott Lewis Comments on Recent Security Issues At Social Security Hearing Offices

Indianapolis Social Security lawyer Scott Lewis travels to many Social Security hearing offices around the state of Indiana.  There has been much news recently about the safety and security of these Social Security hearing offices.  Due to the large amount of pending Indiana Social Security disability claims, some hearings take place in atmospheres that may surprise Indiana Social Security disability claimants.  With that in mind, it may not be a surprise that the level of security varies from one hearing location to another.

1127864_do_not_disturb.jpgThe majority of the time an Indiana Social Security disability claimant will have a hearing at the Office of Disability, Adjudication and Review (ODAR).  At the majority of ODAR locations Indianapolis disability attorney Scott Lewis visits, the security is very similar.  Indiana Social Security disability claimants will enter the hearing office and be asked for photo identification, asked some basic questions, and then usually purses and belongings are checked over and a metal detector is used.  If everything checks out, you let the staff know you have arrived and take a seat.  Recently, due to a large amount of pending claims, hearings are being held in what Indiana Social Security disability claimants may think is a strange atmosphere for a hearing.  Some of these locations may even include hotels.  Indianapolis Social Security disability lawyer Scott Lewis sometimes finds himself and his client in front of an Administrative Law Judge (ALJ) in a hotel room.  Yes that is correct, a hotel room.  Will your end result be different from a hearing in a hotel room?  Probably not, but it does seem rather odd.  The only thing Indiana disability lawyer Scott Lewis has noticed at these "make shift" hearings location is that there is minimal security.  At times the Indiana disability client does not even check in.  They simply take a seat in a chair in the hallway outside of the room where the hearing is being held.  As The Social Security Administration (SSA) is looking into recent security issues, it seems this scenario may be something that needs to be addressed.  

Indianapolis disability lawyer Scott Lewis believes it is in everyone's best interest to have adequate security at all hearing locations.  The need for positively identifying all individuals and using a metal detection device would appear to be necessary not only for the safety of Administrative Law Judges, but everyone in the area of where the hearing is being held.  Indiana Social Security disability claimants should welcome the use of security to promote their own safety and well being. 

If you have questions concerning your Indiana Social Security disability claim contact Indianapolis disability lawyer Scott Lewis for a free consultation.  Mr. Lewis handles a wide variety of cases including emphysema, diabetes, cancer, depression, among many other disabling conditions.  Call (317) 423-8888 for your free case evaluation.

November 16, 2010

Indianapolis Social Security Attorney Scott D. Lewis and Your FREE Consultation

free.jpgIt shouldn't be surprising Indiana disability claimants are usually struggling to make ends meet. Indianapolis disability lawyer Scott Lewis understands the financial problems a disabling condition can cause and provides a FREE consultation to evaluate your Social Security disability benefits claim. Social Security disability attorney Scott Lewis receives numerous calls per week from Indiana residents who are confused by the Social Security process and are happy to hear they can receive a free evaluation of their case.

What happens in a free Social Security disability case evaluation? Generally, Mr. Lewis finds these calls fall into two categories:

  1. Individuals who have not filed for their Indiana Social Security disability benefits.  These individuals usually have questions as to how disabled they must be, if a particular disabling condition qualifies them for benefits, how long they must be off of work, and finally and perhaps most important how do they file their initial claim.  It is not uncommon for these individuals to have numerous questions as the Indiana Social Security disability process can be confusing.  Indiana residents who have not applied for their Social Security disability benefits need to know the majority of Social Security disability claims are denied at the initial stage.  During this initial free evaluation Indiana Social Security clients should ask disability attorney Scott Lewis as many questions as possible to help clear up any confusion regarding their disability claim or about the Social Security disability claims process.  After all, it's a free consultation so disability claimants should use it to their advantage.
  2. Individuals that have been denied their Indiana Social Security disability benefits.  Most of these Indiana residents call disability lawyer Scott Lewis sounding disgruntled and upset that Social Security is disapproving their claim when they know they are unable to work and support themselves and their family.  Questions these individuals may be asked include how much time do they have to appeal the decision,  why were they denied, what is the next step, what happens if I get denied again, and how can I afford to pay an attorney.  Usually after a lengthy phone conversation, Indiana disability lawyer Scott Lewis can answer most, if not all, of his client's questions and reassure them their odds of winning their claim will go up with an appeal, and there is absolutely no cost to them if Mr. Lewis does not win their Indiana Social Security disability claim.
Indianapolis Social Security lawyer Scott Lewis understands every disability claim is unique.  While you may not fit into the two categories above, you should feel free to contact Mr. Lewis for a free consultation if you are thinking about filing for Indiana Social Security disability benefits or your Indiana Social Security disability benefits have been denied.  Attorney Scott Lewis provides a free phone consultation and Mr. Lewis and his staff are eager to talk to you about your disability claim.  If you suffer from a stroke, heart attack or heart problems, anxiety, diabetes, neuropathy, carpal tunnel syndrome, or any other impairment that prevents you from working, contact Mr. Lewis and his staff for your free consultation.  Call (317) 423-8888 today.
November 13, 2010

I am Receiving VA Disability Compensation, Can I Also Receive Social Security Disability?

flag.jpgMany Indiana disabled veterans talk to Indianapolis Social Security Disability Attorney Scott Lewis about receiving Social Security Disability Insurance (SSDI) or Supplement Security Income (SSI) disability benefits when they are receiving disability compensation from the Veterans Administration (VA). At the present, there are many Indiana disabled veterans coming home from active duty with various disabling conditions; one prominent condition is Post Traumatic Stress Disorder (PTSD). There are several factors to take into consideration when talking about these two very separate programs.

1.  If I qualify for Veterans benefits, do I automatically qualify for Social Security benefits? No. These are two different government programs. An Indiana Social Security disability claimant with a VA rating of 70 percent or more may have a better chance that the Social Security Administration (SSA) will take into consideration the Veterans Administration has found you disabled at such a high rating, but there is no guarantee.

2.  Does the Social Security Administration (SSA) work on percentages like the Veterans Administration?  No, with the Social Security Administration it is all or nothing. They either find you 100% disabled or they don't.

3.  When should I apply? As soon as you are unable to perform substantial gainful activity (SGA). If you are unable to work because of your disabling condition, you should apply for Indiana Social Security disability benefits immediately. One of the problems Indianapolis Social Security disability lawyer Scott Lewis runs into is that his disabled veteran clients wait too long to apply. Many Indiana veterans leave active duty in a disabled condition and start receiving VA compensation not knowing they are eligible for Indiana Social Security disability benefits. The problem here is that the clock starts ticking and these Indiana veterans don't know they have a limited time to prove they are disabled before their date last insured runs out.

4.  Will the Social Security Administration consider my VA medical records? Hopefully. In Indiana Social Security disability lawyer Scott Lewis' experience, the Veterans Administration physicians seem to be wary of giving information that will substantially improve your chances of winning. While Veterans Administration medical records may not be difficult to obtain, a good written report of your disabling condition seems to be elusive. Indianapolis Social Security attorney Scott Lewis can only believe this is due to the large number of veterans seeking treatment and the small amount of time Veterans Administration physicians have to see these patients.

The above is a summary of experiences Indianapolis Social Security disability lawyer Scott Lewis has had and in no way should be taken as legal advice. Indianapolis disability attorney Scott D. Lewis is a 100% service connected disabled veteran and has had experience with the Veterans Administration as a patient and has great respect for the Veterans Administration and all of our armed forces service members. Indianapolis disability attorney Scott Lewis sees many disabling conditions such as PTSD, spinal problems, depression, loss of hearing, and other disabling conditions. Call (317) 423-8888 for your free consultation today.

November 13, 2010

Indianapolis Disability Lawyer Comments On Hearing Backlog And Virtual Screening Units

Indiana Social Security disability claimants waiting for a hearing have had their patience tested.  Currently, the Indianapolis Social Security hearings office known as The Office of Disability Adjudication and Review (ODAR) has a very lengthy wait. Now add in the ever growing amount of individuals applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims, which have been estimated at perhaps 700,000 more initial claims in Fiscal Year 2010 compared to the number in Fiscal Year 2008, and it becomes obvious measures must be taken to alleviate this tremendous caseload.

What is the Virtual Screening Unit and will it help me?  This is a tool to identify cases that may receive a favorable outcome without the use of a hearing.  By identifying certain factors and forwarding these cases to the Social Security Administration's senior attorneys it is believed this will help alleviate the hearing backlog because a fully favorable determination can be made on the record.  In Social Security disability lawyer Scott Lewis' experience the majority of the individuals sent to the virtual screening unit are over 50 years of age.  Although, some are younger than 50 years old, it would appear these younger individuals selected by the Virtual Screening Unit have substantial severe disabilities that the virtual screening unit may believe can be found fully favorable without a hearing. 

clessidra.jpgAt times, an attorney advisor may contact Indianapolis disability attorney Scott Lewis' office and request more recent updated medical records to help further a determination on their Indiana Social Security claim. As always, Indianapolis Social Security attorney Scott Lewis advises his disability clients to keep seeking medical attention while their claim is pending.  When it comes to your day in front of an Indiana Administrative Law Judge or in selected cases the eyes of an Attorney Advisor you will want them to be able to point at particular medical documents and be able to easily determine you are disabled. 

Can I ask to be looked at by the Virtual Screening Unit?  Indianapolis disability lawyer Scott Lewis has found to the best of his knowledge, they select you, you don't select them.  The Virtual Screening Unit uses screening tools combined with the use of your electronic file to decide if you can be considered.  If you have more questions about the Virtual Screening Unit or your denied Indiana Social Security disability claim contact Scott Lewis for a free case evaluation.  Indianapolis disability lawyer Scott Lewis handles a variety of claims involving scoliosis, diabetes, various forms of cancer, schizophrenia, depression, and many other disabling conditions. Call 317-423-8888 for a free consultation.

November 12, 2010

Stroke and Your Indiana Social Security Disability Benefits

disability sign.jpgIndianapolis Social Security disability lawyer Scott Lewis often finds himself talking to Indiana residents wondering if they can receive disability benefits because they have experienced a stroke.  Disability attorney Scott Lewis usually finds the stroke itself is not to be the reason the individual cannot work, but the effects afterward.  Many Social Security disability claimants find themselves unable to remember things and complain of short and long term memory loss after experiencing a stroke.  Another problem may include the inability to function physically as they did prior to having a stroke. 

One major issue may involve that to be entitled to Indiana Social Security disability benefits an individual must be disabled for twelve months or be expected to be disabled for twelve months, or the disability is expected to result in death. This is called the "durational requirement".  The Social Security Administration (SSA) could argue that the residual effects of your stroke may go away.  It is difficult to determine if this is true, so good medical evidence may be the key to proving your disability will persist.

Through good medical records, including physical and psychological records, an Indiana Social Security disability claimant should try to prove they are unable to return to their past work, and are unable to perform any other jobs that exist in the economy.  This may be accomplished by showing that the Indiana Social Security disability claimant has such a reduced physical or mental capacity that they are unable to perform substantial gainful activity (SGA).  Indianapolis Social Security disability attorney Scott Lewis also attempts to categorize his disability clients into a listing in the Listing of Impairments issued by the Social Security Administration.

Indianapolis disability lawyer Scott Lewis understands a stroke can be a devastating disabling condition.  If you or someone you know has suffered from a stroke and are unable to work contact Indiana disability attorney Scott Lewis for a free evaluation of your case.  Indianapolis disability lawyer Scott Lewis sees a wide variety of claims including cancer, diabetes, heart problems, emphysema, depression, and many other conditions.  Call (317) 423-8888 to talk to Mr. Lewis and his staff today!

November 3, 2010

Indianapolis Disability Lawyer Scott D. Lewis Thoughts About Unemployment Compensation

unemployment.jpgIndianapolis Social Security disability attorney Scott Lewis routinely runs into some of the same questions and/or concerns many of his Indiana disability clients share.  Many of these are a sign of the times, as many people are losing their jobs and cannot support their families or themselves while waiting on a Social Security disability hearing.  

A big question they share is "Can I receive unemployment and still try to get Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI)?"   Indianapolis disability attorney Scott Lewis has written a previous blog on this issue, but the question is still a dominant matter in his Social Security disability practice.  The Social Security Administration (SSA) states receiving unemployment insurance compensation does not preclude you from receiving Social Security disability benefits, although it can be a factor in determining whether you receive those benefits.

Now, let's talk reality.  In Indianapolis Social Security disability attorney Scott Lewis' experience, it depends on what Social Security Administrative Law Judge you get when you are at the hearing level.  Some Judges make this a sole reason for denying your benefits where as some Judges don't even ask you about it.  Then again, other Judges are somewhere in between.  These judges may want to amend your onset date to the date right after you received your last unemployment payment. 

When assigned to an Administrative Law Judge (ALJ) you should ask your Indianapolis Social Security lawyer or representative about the particular ALJ you have.  How does this Judge look at receiving unemployment compensation while attempting to get Social Security disability?  This may help prepare you for the types of questions you will be asked at your Indiana Social Security disability hearing.  If your answer to this question is that you and your family would have went hungry and lost your home, Attorney Scott Lewis suggests you tell the Social Security Administrative Law Judge that is the reason you made this decision.  Also, just because you say you are ready, willing, and able to work doesn't mean you can.  While mentally you believe you are able to work, physically you may not be capable of performing work like activity. 

The above information is only a summary of Indianapolis Social Security Lawyer Scott Lewis' experience and is not intended as legal advice.  Mr. Lewis believes it is important for Indiana Social Security disability claimants to weigh all of their options before making a decision regarding unemployment compensation and Social Security disability benefits.  Indianapolis Social Security disability attorney Scott Lewis handles cases involving many disabling conditions such as Autism, Schizophrenia, lung impairments, diabetes, back pain, depression, and many other conditions.  Call (317) 423-8888 for a free consultation with Indianapolis disability attorney Scott D. Lewis today!