Indiana Social Security Disability Lawyer Blog

Recent reports indicate a rise in the amount of individuals filing for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. This could be due to many factors including the rise in unemployment and even the ease of applying for disability benefits online may be a culprit. Whatever the reason, Indiana Social Security disability claimants are not immune to the ramifications of a rising number of disability applications. Indianapolis Social Security Lawyer Scott Lewis fears this rise may result in even longer processing times of applications and create an even more burdensome backlog of individuals waiting on an Indiana Social Security disability hearing.

Sources show that Social Security disability applications have increased by 21 percent recently and in Indianapolis Disability Attorney Scott Lewis' experience Indiana has been no exception. Mr. Lewis has noticed an increase in the amount of interest shown in individuals asking if they may qualify for Social Security disability benefits.  While the requirements of being entitled to Indiana Social Security benefits may appear straightforward, there are many variables that can enter into the equation.  For instance, many of these Indiana residents applying for Social Security disability benefits are receiving unemployment benefits.  While this should not be an absolute bar to receiving Social Security disability benefits, some Administrative Law Judges look on the payments of unemployment as a factor in turning down an otherwise valid Social Security disability claim.

What does all of this mean to a disabled Indiana resident?  It may mean a longer waiting period for your claim to be processed.  It should not discourage you or a family member from applying for Social Security disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits.  Just because there are more people applying for disability benefits does not mean they are more difficult to obtain.  As always, good medical records may be your key to unlocking a favorable outcome regarding your Indiana Social Security disability payments. 

Should you wait to file your Indiana Social Security disability claim?  Disability attorney Scott Lewis believes it is important to file as soon as you find yourself unable to work.  Let the Social Security Administration decide whether you have met the requirements for receiving Social Security disability benefits.  If they determine you are not eligible, you can consult an attorney or representative to decide if you want to appeal that decision.  Many times, Indianapolis Social Security lawyer Scott Lewis finds there are valid grounds on which to appeal an unfavorable decision.

If you find you are frustrated by the disability process, Mr. Lewis provides a free case evaluation.  Indianapolis disability lawyer Scott Lewis handles a wide range of disabling conditions including carpal tunnel syndrome, irritable bowel syndrome, autism, degenerative disc disease, depression, and other impairments.  Call (317) 423-8888 for you free consultation.

Indianapolis Social Security lawyer Scott D. Lewis usually advises his clients to apply for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits when filing their initial application.  Mr. Lewis believes it is important to apply for both programs because if you are not eligible for one program the other program may be right for you.  Indiana disability claimants should be aware; however, the criteria is different for the two programs.  The Supplemental Security Income (SSI) program will look at an individual's resources to determine if they qualify financially and how much their monthly benefit might be.

Why does the Supplemental Security Income (SSI) program care about your resources?  Resources are just one of the factors to figure out whether you are eligible for the benefits.  Indiana disability claimants need to know there is a limit for countable resources.  At the current time it is $2,000 for an individual and is $3,000 for a couple.  Indianapolis Social Security Attorney Scott Lewis lets his clients know they will be asked various questions about their resources by the Indiana Social Security Administration (SSA).

What does the Social Security Administration (SSA) consider resources?  This is not limited to, but can include things like:

• life insurance
• land
• personal property
• cash
• items that can be changed to cash for food and shelter
• vehicles

There is also something called "deemed" resources. This can be some of the resources of a spouse, parent's spouse, and parent, just to name a few.

If you find you have not worked long enough to be awarded Social Security Disability Insurance (SSDI) benefits, then the Supplemental Security Income (SSI) program may be the right fit for you.  If you have questions concerning your Indiana Social Security benefits call Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  You can protect your rights by hiring a qualified Indiana Social Security lawyer.  Attorney Scott Lewis handles a wide range of disabling conditions such as stroke, heart disease, schizophrenia, diabetes, carpal tunnel syndrome, and many other conditions.  Call (317) 423-8888 for your free consultation!

Indiana disability lawyer Scott Lewis finds on occasion his clients have a diagnosis without appropriate medical testing to back it up. At times, an Administrative Law Judge (ALJ) will look through your medical record and remark that while it has volumes of records it is lacking appropriate medical testing. To put it in its simplest terms, you may complain of a broken leg, but without an X-ray you may have a difficult time convincing anyone there is actually a fracture.  Some common tests Indiana Social Security attorney Scott D. Lewis finds absent in a disability claimant's medical file can include but are not limited to those claiming:

• Fibromyalgia With this diagnosis, Mr. Lewis has found Administrative Law Judge's often have a hard time getting their hands around this condition without appropriate testing.  Because currently there is no X-ray or lab testing for the diagnosis of Fibromiyalgia, many times tender points throughout the body are used to determine a diagnosis of Fibromyalgia.  A diagnosis of Fibromyalgia may be made when a patient is positive in 11 of 18 of these tender points.  Does this mean you will qualify for Indiana Social Security disability benefits?  Not always, as some Administrative Law Judges are still skeptical as to this diagnosis.
• Various Breathing Disorders  Pulmonary functioning tests may be beneficial to a claim for a breathing disorder.  A few of these tests can include spirometry and methocholine challenge.  If you suffer from COPD, emphysema, asthma, or any other pulmonary condition you should consult your physician for appropriate testing.
• Impairments of the Spine  Those Indiana Social Security disability claimants finding they are experiencing a disabling condition due to neck and/or back problems should seek appropriate medical testing such as an MRI.  In Indiana Social Security attorney Scott Lewis' experience, a MRI can be crucial in obtaining a favorable outcome with the Social Security Administration (SSA).

As with all Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefit recipients, Indiana disability benefits recipients are not going to see an increase in their monthly disability payment in 2011. On October 15th, 2010, the Social Security Administration (SSA) announced that there would be no Cost-of-Living Adjustments (COLA) for 2011. This is the second year in a row that there was not an increase to SSDI, SSI or Social Security retirement benefit payments.  Over 50 million Americans receive some form of Social Security benefit.

What are Cost-of-Living Adjustments (COLA)? COLA is an automatic adjustment to the SSDI or SSI recipient's monthly benefits that may occur each year. The COLA increase is based on the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year.  This percentage increase of COLA is strictly based on the CPI-W increase so, when there is not an increase in the CPI-W then there is no increase in COLA.  CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor.  The purpose of the COLA increase is so the purchasing power of SSDI or SSI benefits keep in pace with consumer prices and that benefits are not eroded by inflation.  

Why isn't there a COLA increase in 2011?  As in 2010, because there was no increase in the CPI-W from the third quarter of the previous year to the third quarter of the current year. Therefore, SSDI and SSI payments will remain the same in 2011.  In the last two years, overall inflation has been low, largely because of the economic downturn.  It has been predicted by the Congressional Budget Office that inflation will remain low for the next several years.  As a result, this may mean that Social Security recipients may not see a COLA increase for several years to come. 

Even with the economic downturn, SSDI and SSI claimants are still receiving their monthly disability payments and hopefully will never see a decrease in these payments.  Indianapolis Social Security Disability Lawyer, Scott D. Lewis represents clients with various disabilities.  If you or someone you know is unable to work due to back problems, arthritis, mental disorders or a combination of impairments, you may qualify for Social Security disability benefits.  Attorney Scott D. Lewis represents those individuals that have been denied disability benefits.  If you have been denied disability benefits, Scott Lewis may be ablet to you with your disability appeal. Call Attorney Scott Lewis for a free consultation regarding your disability claim at (317) 423-8888.  Scott Lewis and his staff are waiting to assist you with your Social Security disability claim! 

You may be surprised how often this question gets asked to Indiana Disability Attorney Scott Lewis.  At times, Indiana residents find themselves unable to work due to a disabling condition, but anticipate returning to the workforce.  These short term disabling conditions may be due to the result of an auto accident, a surgery, or any other condition where you find yourself unable to work because of a physical or mental impairment.  Indianapolis Social Security Attorney Scott Lewis even receives telephone calls asking if a normal pregnancy can be a disabling condition.  To answer the question of whether the Social Security Administration (SSA) offers a short term disability program, one must determine how short is short?
The Social Security Administration has a condition that must be met that is called the "durational requirement."  With this requirement, your disabling condition (either physical or mental) must have actually lasted for twelve (12) months or be expected to last for twelve (12) months.  Indianapolis disability lawyer Scott Lewis finds one way the Social Security Administration can turn down many claims is by stating your mental or physical disabling condition is not expected to last twelve (12) months.  Due to the fact that many medical conditions can be very difficult to determine how long they will last, it may be in your best interest to appeal an unfavorable decision if denied for this reason. 

Let's say you are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits because the Social Security Administration states you do not meet the durational requirement and you decide not to appeal that decision. Now you find your disabling condition does not improve and you are still unable to work.  In this scenario, you may be past the time limit to appeal your claim. Indiana disability lawyer Scott Lewis usually advises his clients to appeal the denial and see if your condition improves.  Currently, the waiting time to get your disability claim heard by an Administrative Law Judge (ALJ) in Indianapolis is very long and meeting the durational requirement many times happens while you are waiting for your day in court.

If you have questions regarding your Indiana Social Security disability appeal or you are frustrated by the claims process, call Indianapolis Disability Lawyer Scott Lewis for a free consultation.  Disabling conditions such as depression, coronary artery disease, schizophrenia, COPD, and bipolar disorder, among many other conditions, may cause you to be unable to hold down a job.  Call (317) 423-8888 for a free consultation and get the Social Security representation you are entitled to. 

Indianapolis disability attorney Scott Lewis fields occasional telephone calls from his Indiana disability clients asking what the ramifications will be if they try to reenter the workforce.  As fundamental as it may sound, the facts of a particular case always matter.  Many Indiana residents are finding they are having a difficult time putting food on the table for themselves and their families during a very lengthy application and appeals process.  A few topics Indianapolis disability attorney Scott D. Lewis may encounter may include:

• Are you considering a full time or part time job?  If your disabling condition(s) do not permit you to work full time, but you think you may be able to work part time, you may be interested in a term call "Substantial Gainful Activity" or "SGA".  This is an amount the Social Security Administration determines as earnings you can make on a monthly basis and still be entitled to disability benefits.  SGA for 2010 is $1,640.00/month for statutorily blind individuals and $1,000.00/month for non-blind individuals.  There are different criteria for those receiving Supplemental Security Income (SSI) concerning blind individuals. It appears these amounts will also be valid for 2011, but more information concerning SGA can be found on the Social Security Administration's website.
  

• Should you withdrawal your claim for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits as soon as you start back to work?  Indianapolis disability lawyer Scott D. Lewis usually advises his clients to wait and see if they are actually able to perform a full-time job or a job that creates more than the SGA for a number of months before withdrawing their claim. Many times, individuals believe they can work but find their condition prevents them from performing substantial gainful activity. If you have been waiting for an Indiana Social Security disability appeals hearing for an extended period of time, the thought of withdrawing your claim just to find out that you cannot work when you thought you could, may wind up putting you at the beginning of the application process and extend the time you have to wait for your appeal to be heard.
  

• When asked by his clients if they should work, Attorney Scott D. Lewis tells his clients if they can work they should.  Social Security disability payments are not going to make you rich.  Many individuals are surprised to find the amount they receive; especially from Supplemental Security Income (SSI) is a very low amount.  This low amount can make it very difficult to feed yourself much less other family members. The mere thought you may be content and able to make ends meet on this low disability payment may make one reconsider how much pain they can endure to feed and put a roof over the heads of their families.

The above are just a few issues brought up by Mr. Lewis' clients when considering reentering the workforce.  Every case is different and involves different fact scenarios.  The aforementioned is not intended as legal advice and you should contact the Social Security Administration or retain an attorney or representative to receive legal advice.  If you have questions regarding the Indiana Social Security appeals process, disability attorney Scott D. Lewis does provide a free consultation.  Indianapolis Social Security Lawyer Scott Lewis sees a wide range of impairments including degenerative disc disease, scoliosis, bulging discs, heart disease, diabetes, multiple sclerosis, and many other conditions.  Call (317)423-8888 for your fee case evaluation!

Indianapolis disability attorney Scott Lewis often lets his Social Security disability clients know how important it is to be honest at your Indiana Social Security disability appeal hearing. You have waited two years to get a hearing and now you are in front of an Administrative Law Judge (ALJ) for your day in court to try to secure Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. You have worked hard your entire life and accumulated enough work credits to be entitled to your Social Security Disability Insurance (SSDI) benefits, or you are simply disabled and have not worked enough but are still entitled to Supplemental Security Income (SSI) benefits. The ALJ starts his questioning and you are surprised they are a little more in depth about personal issues in your life and now you find yourself squirming in your chair and wondering why in the world the ALJ is interested in these topics.

Indianapolis disability lawyer Scott D. Lewis has seen the above scenario on numerous occasions, and at times, squirms in his chair awaiting an answer to be uttered by his apprehensive client.  The truth is many Administrative Law Judges already know the answer to the question they are asking.  They are simply seeing if the Indiana Social Security disability claimant will tell the truth. Clients may be surprised to find when they go to their physician many times he/she is writing down things that an individual might not believe have much to do with their physical or mental disability.  Maybe that you did some very light yard work, went out with friends for a beer, watch your grandchildren occasionally, smoke cigarettes, and many other topics you may regard as meaningless when it comes to a disabling condition.  For example, if you tell the Administrative Law Judge you do not smoke cigarettes, and the medical record states you do, the ALJ might decide not to believe another word you say. It's that simple.  He or she may look at you as an untruthful person and find any further testimony as not being credible.

While it may seem like common sense to be truthful in this situation, and we all know mom and dad told us not to tell lies, when you are sitting in front of the Judge and you want him to think you are a good person and some individuals bend the truth a bit.  Indianapolis Social Security Attorney Scott D. Lewis tries to let all of his clients know that telling the truth is the best policy. Most Indiana Administrative Law Judges hear hundreds of cases every year and conduct hearings in a particular way.  One way some Judges determine cases that are borderline may be based on credibility.  In these particular cases it may be in your best interest to tell the truth, regardless of how embarrassing it may be. 

In the end, it is the Indiana Social Security disability claimants call.  Indianapolis disability lawyer Scott Lewis tries to let claimants know what may happen at a Social Security hearing, but he cannot testify for his clients.  If you have questions regarding what is going to transpire at your upcoming Indiana Social Security hearing contact Mr. Lewis for a free consultation.  Indianapolis Social Security attorney Scott D. Lewis handles disability claims involving scoliosis, degenerative disc disease, depression, asthma, COPD, Crohn's disease, and many other severe impairments.  Just call 317-423-8888 to receive your free case evaluation.

As silly as that may sound, when the Social Security Administration (SSA) is trying to determine if you are disabled they may want to know if you can make your bed, bathe & dress yourself, sweep & mop your floor, and take out the trash, among other things. These are called "Activities of Daily Living" or ADL's. Activities of Daily Living are the things a person usually does on a routine basis to maintain their household and take care of themselves. 

Why does the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) care about activities of daily living?  In Indianapolis disability lawyer Scott Lewis' experience, the SSA is trying to determine how much the Indiana disability claimant is restricted by examining what the disability claimant can or cannot do.  At times, Indiana disability claimants applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits may be asked to fill out a form concerning their activities of daily living.  While it is important to be honest when completing these forms, it is also important to FULLY explain what you can or cannot do.  If it is necessary to take breaks due to pain, or other disabling conditions (either mental or physical), it is important to document these restrictions accurately.  Sometimes the Social Security Administration (SSA) may ask a third party to comment on your activities of daily living.  This may be a friend or neighbor.  It is important you let these third parties know what your restrictions and symptoms are.  Indianapolis Social Security Attorney Scott Lewis often finds these third party evaluations are not completely accurate regarding the claimants disabling condition(s). 

This line of questioning regarding your activities of daily living usually gets addressed when you find yourself in front of an Administrative Law Judge (ALJ).  The Administrative Law Judge may ask you if you are able to watch your 5 year old son all day.  You answer "yes," although you know if you don't take care of your child there is no one else to take care of him and when you do take care of him you are in so much pain you need to be seen by a physician.  Believe it or not, the fact you work through the pain to take care of your family may be used against you.  The Administrative Law Judge may believe if you can take care of your own children, you might be able to work in a daycare or another occupation.  With that in mind, Indianapolis disability lawyer Scott Lewis believes it is very important to explain to the ALJ the pain you experience when you care for your children or for yourself.

So, when the SSA or an ALJ asks you if you can clean your house, they probably do not care how beautiful your house is.  When the SSA or an ALJ asks you if you can take care of your children, they probably do not care how good of a parent you are.  When the SSA or an ALJ asks you if you can bathe and dress yourself they probably do not care if you are a snappy dresser or smell good.  There are reasons for the questions they are asking you regarding your activities of daily living.  With that in mind, be honest but do not overstate your abilities.  Indiana Social Security disability attorney Scott Lewis' experience is that if you are not honest with the SSA or the ALJ, it usually comes back to haunt you and you may lose all of your credibility and find yourself with an unfavorable outcome.

The above information is the opinion of Indianapolis disability attorney Scott D. Lewis and should not be taken as legal advice.  If you have questions concerning your Indiana Social Security disability claim, call Mr. Lewis for your free consultation at (317) 423-8888.  Indiana disability lawyer Scott D. Lewis sees cases involving degenerative disc disease, epilepsy, multiple sclerosis, bipolar disorder, and many other conditions.  Call today for your free case evaluation.

Indiana Social Security disability claimants need to know they have a right to hire an Indiana Social Security lawyer or representative when appealing their denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  In Social Security attorney Scott Lewis' experience claimants are surprised to find out they do not have to pay any upfront fees when hiring Mr. Lewis.  Social Security Attorney Scott Lewis works on a contingency basis, so you do not have to pay him a fee if he is not successful in winning your claim.

At some Indiana Social Security disability hearings, there are experts that will testify as to what your medical condition is and whether or not there are jobs you can perform.  You may find an attorney can help question these experts and help you prevail in your Indiana Social Security disability claim.  An Indianapolis Social Security disability attorney may also be familiar with the court proceedings and may help guide you through difficult questioning.  Indianapolis disability lawyer Scott Lewis tries to prepare his disability clients as to what they may expect when entering the courtroom and how their day in court may go.

You have a right to hire an attorney or representative.  Whether an Indiana Social Security disability claimant exercises this right is up to them.  Considering Mr. Lewis' fee is contingent on winning the claim, disability lawyer Scott Lewis feels his clients are more comfortable in this type of fee agreement.  Most of Mr. Lewis' clients are in no position to pay upfront expenses or pay an attorney if their claim is not approved.  The last thing an Indiana disabled resident needs is another bill with no income to pay it.

Indianapolis Social Security lawyer Scott Lewis is a 100% disabled veteran who takes great pride in representing his Indiana neighbors.  If you would like a free consultation with Mr. Lewis call (317) 423-8888 for a free case evaluation.  Indianapolis disability attorney Scott Lewis and his staff are eager to discuss your SSDI or SSI claim, so contact the law office of Scott D. Lewis today!

Indianapolis Social Security disability lawyer Scott Lewis talks to many Indiana residents every week asking if they can win their Social Security disability claim when they are not seeing doctors.  He usually tells them it is going to be very difficult to get a favorable outcome without good medical records to prove they are disabled.  Without medical records the Social Security Administration (SSA) has nothing to base a decision on that will result in you being granted disability benefits.

Indiana Social Security claimants often ask if the consultative examination the Social Security Administration (SSA) administered will suffice since they don't have their own personal physician(s).  In Indianapolis Disability Lawyer Scott Lewis' experience, the disability claimant usually cannot rely on a consultative examination for a favorable result.  Anyone who has been to one of these consultative examinations probably has had a similar experience.  Most Indiana Social Security appeals claimants complain the examinations are very short and many times do not even cover the disabling condition(s) the disabled individual wants to be addressed.  In general, it is very difficult to find a substitute for a physician that has seen you for an extended period of time and is familiar with you and your disabling condition.



What should you do if you do not have health care and you believe you are disabled and unable to work?  While you may receive different advice from different sources, Indiana Disability Attorney Scott Lewis often tells his clients to apply for any government sponsored health care program that is appropriate for you, go to your local hospital and find out if they offer a low cost health care program, and search for free clinics that can render health care assistance.  These are just a few options to try and by no means will they always turn up a positive result. Unfortunately, with the health care system in its present state, there is no clear cut answer for those Indiana disability claimants who cannot afford health care.

Is Social Security disability attorney Scott Lewis saying you do not have a chance to win and you should not apply for Social Security disability benefits if you do not have a physician or health care provider?  No,there may be circumstances when you can win your Indiana Social Security disability claim. If you find you cannot work due to a disabling condition, Indianapolis disability attorney Scott Lewis believes you should apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits and hope your claim is approved.

Indiana disability claimants that have questions about their SSDI or SSI claim can contact Indiana disability lawyer Scott D. Lewis for a free consultation.  Many times, most questions can be answered over the telephone.  Indianapolis Social Security Lawyer Scott Lewis sees a wide variety of disabling conditions including heart disease, emphysema, schizophrenia, diabetes with neuropathy, cancer, and many other conditions that can make you unable to support yourself or your family.  Call (317) 423-8888 for your free consultation.