Indiana Social Security Disability Lawyer Blog

Indiana Social Security appeals lawyer Scott Lewis at times receives telephone calls from Indiana residents after their claim has been denied by an Administrative Law Judge (ALJ) asking what can they do next. Mr. Lewis advises his clients after they find themselves with an unfavorable decision from an ALJ they can appeal that decision to the appeals council. Again, like previous appeals in the process an individual has 60 days plus some mailing time to appeal the unfavorable decision in writing.

When you send your appeal to the appeals council what can happen next?  There are essentially three different paths your appeal can take:

• The Appeals Council can deny your request.  This type of denial is usually because the Appeals Council believes the Administrative Law Judge (ALJ) made a correct decision.
• The Appeals Council can decide the case itself.  In Indianapolis disability lawyer Scott Lewis' opinion, this usually happens when the evidence is very clear you are disabled and entitled to Social Security disability benefits.
• The Appeals Council can remand or return the case to an Administrative Law Judge (ALJ) for further action.  Upon remand the ALJ can do a number of things including, but not limited to,  asking for additional medical documentation to support your claim or decide your case favorable without any further action.

If you are denied once again at The Appeals Council level there may be further relief available.  You may appeal the decision to a federal district court.

Indianapolis residents can find the claims process frustrating and confusing.  Many Indiana Social Security disability claimants do not know they have a right to representation when appealing a denied Social Security disability claim.  Many times, these same Indiana residents are surprised to find out that Mr. Lewis' fee agreement is contingent, meaning there is no fee unless they win their Indiana Social Security disability appeal.

Indiana Social Security attorney Scott Lewis offers a free consultation to discuss your Social Security disability claim.  He understands you may have questions and he attempts to take the time to talk to you about your concerns.  Disability lawyer Scott D. Lewis handles cases including degenerative disc disease, diabetes, depression, emphysema, cancer, and many other conditions.  Call (317) 423-8888 for your free case evaluation today! 

Indianapolis Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants often find themselves being denied their Social Security disability benefits. As these disability claimants fight for what they believe they deserve, they appeal the Social Security Administration's (SSA) denial by requesting the SSA to reconsider their claim. This is called a "request for reconsideration." Often, this request is again denied by the SSA which leads to a second appeal in which a disability claimant will request that their claim be heard in front of an Administrative Law Judge (ALJ). This appeal is called "a request for a hearing in front of an Administrative Law Judge."

Indiana Social Security Disability Lawyer Scott D. Lewis represents disability claimants who have been denied SSDI or SSI benefits.  At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis and his staff understand their client's frustration when it comes to the appeals process and the length of time it takes to get in front of an ALJ.  As Mr. Lewis prepares for his client's disability hearing, he continues to gather medical evidence to support his client's disability claim, prepares a brief for the judge and also discusses with his clients what they can expect at the hearing.  Most of his clients are eager to know how soon after the hearing they will find out if they won their disability claim.

Indianapolis disability attorney Scott Lewis explains to his clients to be prepared to go home from the hearing without knowing if they won their disability claim or not.  In most cases, the judge will give a written decision which may take months.  Written decisions vary in time based on the judge and other factors involved in decision writing.  In some instances, it is very clear that the claim should be granted and in these cases, the ALJ might issue a "bench decision.What is a bench decision?  A bench decision is simply that, a decision made by the judge from his bench.  Bench decisions are always fully favorable decisions and the judge states his reasons for granting the claim at the hearing. Although bench decisions can be rare, they are more efficient for both the judge and the SSA staff.   In addition, a bench decision is beneficial to the disability claimant because the claimant can leave the hearing room knowing that they won their claim and no longer have the stress of wondering if they will once again be denied.  Typically, within a short time after receiving a bench decision, the claimant will receive a short summary from the hearing office indicating that a fully-favorable decision was issued on the day of their hearing and they were approved for SSDI or SSI benefits.

Indianapolis disability attorneys like Scott Lewis are eager to hear an Administrative Law Judge announce a bench decision.  In Social Security disability lawyer Scott Lewis' experience, it can greatly speed up the processing of a favorable decision.  In Mr. Lewis' experience, when a judge issues a bench decision, the evidence of his client's disabling condition is so clear that no further investigation into the claim is needed and warrants a fast conclusion to a lengthy wait.

Have you applied for Social Security disability benefits and have been denied?  At the Indianapolis law office of Scott D. Lewis, Mr. Lewis is an experienced attorney that represents disability claimants throughout the state of Indiana.  He offers a free consultation to Social Security disability claimants and encourages Indiana Social Security claimants to ask questions concerning the appeals process.  Don't hesitate if you are struggling with your claim; call (317) 423-8888 for a free consultation of your disability claim!

Indiana disability lawyers like Scott D. Lewis often get asked this question.  While the Social Security Administration (SSA) does require an individual to reapply for disability benefits in certain circumstances, it may not always be in the best interest of an Indiana disability claimant to reapply for their disability claim.  The below information may help you in determining what steps you should take next.

Have you been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and don't know what to do next?  Indiana Social Security Disability Attorney Scott D. Lewis strives to help individuals answer that question.  During one of Mr. Lewis's free consultations, he will typically ask the disability claimant if they have already applied for disability benefits and if they have been denied.  It's important for him to know where the claimant is in the application process.  If the claimant has been denied at the initial application level, Attorney Lewis' advice will depend on how long ago the claimant received their denial.  The Social Security Administration (SSA) offers the claimant an opportunity to appeal the denial within 60 days of receiving their denial letter and also allows for mailing time.  If the claimant's 60 day period has expired, Mr. Lewis will attempt to explain to the claimant that he/she has missed their opportunity to appeal that decision and must start over by filing another initial application.  This may be the only time Mr. Lewis advises the claimant to reapply.  Be aware that there are also provisions for untimely filings if the SSA accepts your reason for being late.  Generally, if the claimant has been denied at the initial application level and is within that 60 day period, disability attorney Scott Lewis will inform the claimant to appeal the disability denial rather than starting a new disability claim.  Indianapolis disability lawyer Scott Lewis also finds it very important to find out the reason you were initially denied.  Some denial reasons such as "too many resources" or "not meeting the insurance requirements" may not be an appeal that can be easily won or won at all.  After you have been denied, you may want to hire a Social Security disability lawyer to represent you during the appeals process.  Having representation may be helpful in meeting deadlines, obtaining medical records, obtaining statements from your physicians and keeping the appeals process on task.

Is it better for me to appeal my denial rather than reapply for disability benefits?  There are many benefits to appealing your denial rather than reapplying and starting the process over.   Statistically, it is not to the claimant's advantage to continually file a new initial disability claim after their disability claim has been denied.   Because all initial claims and reconsideration appeals are sent to the same state disability agency for medical determinations, these state agencies are bound by the same rules and regulations each time you apply, and the state disability examiner cannot be as flexible as an Administrative Law Judge (ALJ) in making their medical determination. Therefore, if you keep reapplying, you are likely to get denied over and over. In disability lawyer Scott Lewis' experience, filing an appeal versus reapplying can be more productive.  In his opinion, if your initial claim has been denied, your best chance of winning SSDI or SSI benefits can be at a hearing in front of an Administrative Law Judge (ALJ).  

Although, other than not meeting the appeal deadlines set by the SSA, the only other situation that typically warrants a new application is being denied at the hearing level.  However, all Indiana Social Security disability claims have different fact scenarios and disability attorney Scott Lewis recommends you seek legal advice as to how best handle your Social Security disability claim.  Claimants are entitled to appeal a disability hearing denial, and you can do this by requesting a review of the ALJ's decision by the Appeals Council.  Statistically, the Appeals Council does not overturn many ALJ decisions. Generally speaking, the Appeals Council will either refuse to review the request for appeal or send it back to the ALJ for another decision.  In Mr. Lewis' opinion, if you wait for the Appeals Council to make their decision without filing a new disability claim, this can be a disadvantage for the claimant because Appeal Council decisions themselves can take a fairly long time to receive (several months or more than a year).  In some cases, the claimant may find it beneficial to appeal the denial AND file a new claim at the same time. 

If you have been denied Social Security disability benefits, either at the initial application level or the "request for reconsideration" level, contact disability Attorney Scott D. Lewis for a free consultation of your claim at (317) 423-8888.  Mr. Lewis and his staff are eager to discuss your disability claim and help you fight for what you deserve!

Indianapolis Social Security Disability Attorney Scott D. Lewis provides a FREE consultation to Indiana residents seeking disability benefits. During these consultations, he often finds himself explaining the claims process to the disability claimant. Many individuals are concerned with how they can best be prepared for their upcoming Social Security disability hearing. Mr. Lewis always tries to take the time to explain to his clients how they, as the claimant, can be best prepared for their day in front of an Administrative Law Judge (ALJ).

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants who have been denied at the initial level and reconsideration level of the application process must request for a hearing in front of an Administrative Law Judge (ALJ).  many sources indicate, although it is not required, statistically claimants with representation, such as a Social Security disability lawyer or a representative, have a better success rate with winning their disability claim.  Once the claimant obtains his/her disability attorney, it's important that the claimant keep the attorney informed.  At the law office of Scott D. Lewis, Mr. Lewis and his team strive to review the claimant's file to make sure his/her medical records within the file are current.  If the law office contacts you to complete paperwork pertaining to your medical records, it is the claimant's responsibility to complete the appropriate paperwork immediately and return it to the law office.  If the claimant does not complete the paperwork in a timely manner, it may delay medical evidence being submitted to the claimant's record.  Medical evidence is translated by your disability attorney to determine your work limitations, and at times medical professionals list these limitations in the medical records.  It is important that while in the waiting period that claimants should continue to see their medical physicians.  When visiting the doctor(s), report your symptoms and limitations that would make it difficult for you to work. Without exaggerating, be consistent and descriptive when describing your limitations to your physician.  Indianapolis disability attorney Scott Lewis prepares the theory of disability for his client's case.  This theory is why the claimant is unable to work due to their disability.  The claimant should be able to tell disability attorney Scott Lewis in their own words why they are unable to work.  Disability lawyer Scott Lewis believes that no one knows their disability better than the claimant themself. 

Although the attorney will help the claimant give the judge specific information about their disabling condition, the claimant's testimony in the hearing room should be very descriptive.  For example, the claimant may reply to a question with "I can't walk very far" or "I experience pain," but testimony such as "I can only stand for 20 minutes at a time every 2 hours" or "I have sharp pains shooting down my lower back that last for 30 minutes at a time and cause me to have to lay down for an hour" gives the judge a more specific vocational limitation.

Prior to the claimant's scheduled hearing, Indianapolis Social Security Attorney Lewis contacts his clients to discuss the facts in their disability claim and discusses the processes involved in the hearing.  The claimant should discuss any questions that he/she may have during this time.  It's important that the claimant fully understands the hearing process and it's Scott's goal to clearly explain that process to all of his clients.  In most cases, Mr. Lewis will meet with his client immediately prior to the hearing time for any last minute questions or concerns.  Mr. Lewis encourages his disability clients to always be completely honest with him and display complete honesty in the hearing room.

Indiana Social Security Lawyer Scott Lewis represents claimants with a variety of disabling conditions such as back problems, diabetes, heart conditions, depression, & mental disorders. If you or someone you know has become disabled, it's not too early to contact the law office of Scott D. Lewis, Attorney at Law, LLC for a free consultation.  At our law office, we handle disability claims immediately when a qualifying claimant is initially denied.  So, don't hesitate to contact (317) 423-8888 for your free consultation!

Indianapolis Social Security Lawyer Scott D. Lewis often finds it helpful to write a hearing brief in preparation for an upcoming Indiana Social Security disability hearing.  A hearing brief can serve as a theory of the case and provide a framework for how your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case may be argued.  Attorney Scott Lewis believes there are many advantages to submitting a brief before a hearing, and these may include:

• A concise explanation of how the claimant meets or equals the criteria for disability.
• Citations to medical records of importance and citations to Medical Provider Questionnaires and Physical/Mental Functional Residual Capacity Assessments if they are contained in the file.
• The brief can help the attorney or representative prepare for the hearing and make him/her aware of positive and/or negative aspects of the claim.
• Some Administrative Law Judges ask for a brief to be submitted.
• Set the attorney/representative apart from those individuals who do not submit a brief.
• Make it easier for the Administrative Law Judge (ALJ) to render a favorable decision  There are usually numerous medical documents in a claimant's file; therefore,  Indiana disability lawyer Scott Lewis believes it makes sense to point the Judge in the correct direction and hope he/she agrees with your summary of the case.

The above are just a few reasons a hearing brief may be beneficial in being awarded Social Security disability benefits.  It should be noted all Administrative Law Judges handle Social Security cases differently and the submission of a hearing brief may not have an impact on your Indiana Social Security disability claim.  It has been the experience of Indianapolis Social Security disability attorney Scott D. Lewis that a well written brief can help him in the formulation of a well thought out consistent theory of your Social Security disability claim.  Indianapolis disability attorney Scott Lewis on many occasions has had an Administrative Law Judge (ALJ) thank him for enclosing a hearing brief in the exhibit list.

If you have been struggling with your Indiana Social Security disability appeal and would like to talk to an attorney, call Attorney Scott D. Lewis for your free case evaluation.  Indianapolis disability appeal lawyer Scott Lewis can answer many questions over the telephone by calling (317) 423-8888.  You have a right to Social Security disability representation!

You want to work and you know even with Social Security disability benefits you are going to struggle to make ends meet.  Even with all of the extreme pain you are experiencing, you finally find a job and drag yourself to it just to find out there is no way you can work.  You realize you cannot make it through a full day of work, and even if you do, you find yourself out of work for two days because of the pain you are in from forcing yourself to work.  Indianapolis disability lawyer Scott Lewis has heard the above scenario on numerous occasions.  If this has happened to you or a loved one this might be considered by the Social Security Administration as an "unsuccessful work attempt" or UWA. 

What is an Unsuccessful Work Attempt (UWA)?  This is where a person attempts to do substantial work, but stops or reduces the work to below Substantial Gainful Activity (SGA) levels after six months or less because of a disabling condition or because of removal of special conditions related to the disabling condition.

Other issues concerning an Unsuccessful Work Attempt that may have an impact can include whether you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), trial work periods, and extended periods of eligibility.  More information concerning these topics and other useful topics can be found in the Social Security Administration's publication "The Red Book".

The good news is you do not have to tackle unanswered questions alone. Indianapolis Social Security attorney Scott D. Lewis strives to answer many questions concerning eligibility for Indiana Social Security disability benefits.  Indiana disability lawyer Scott D. Lewis talks to potential clients about claims involving bipolar disorder, scoliosis, stroke, epilepsy, depression, and many other severe impairments.  Mr. Lewis and his staff are eager to discuss your Indiana Social Security disability claim.  Call (317) 423-8888 for a free consultation to discuss your claim.

Maybe you are getting tired of waiting for your Indiana Social Security disability appeal hearing and now you are wondering if there is some way to get in front of a Judge quicker.  You may now find this long wait to have your disability claim heard has put you and your family in financial turmoil and cannot believe it is taking this long to enter an Indiana Social Security disability courtroom.  Indianapolis Social Security lawyer Scott Lewis fields many calls asking this very question, and he lets these Indiana residents know there are ways to get there faster, but the criteria to do so may not sound very appealing. 

There are circumstances where the Social Security Administration (SSA) will at times move you up in the waiting process and these situations are  considered "dire circumstances".  These critical cases include:

• Military service casualty cases
• Compassionate allowance cases
• The claimant is homicidal or suicidal
• The claimant has a terminal illness
• Shelter, food, or medicine is unavailable and the claimant is unable to obtain it

The aforementioned criteria to establish an Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim as "dire need" is only a framework to go by, the facts in each individual case vary and can effect a case differently.  Indianapolis disability lawyer Scott Lewis can discuss your particular case in more detail.  If a claim is determined to be dire need, a hearing office should take immediate action to expedite the Social Security disability claim.

Unfortunately, with the current hearing backlog many Indiana Social Security disability claimants find themselves not fitting into a dire need circumstance, but struggling to make it to their hearing date.  If you have questions concerning Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits contact Scott D. Lewis for a free consultation.  Indiana disability attorney Scott Lewis handles a wide variety of disability claims including degenerative disc disease, arthritis, diabetes, depression, and autism among other conditions.  Call (317) 423-8888 for your free case evaluation today!

Indiana residents may not all agree getting older is a good thing.  Lets face it, as we age it seems to be a bit harder to bounce back from physical problems we encounter.  As we age, we may also find it more difficult to find employment.  Believe it or not, the Social Security Administration (SSA) believes it may be more difficult for older individuals to find suitable employment.  Now, don't be misled that the Social Security Administration (SSA) doesn't look at various other factors when determining if your disability prevents you from working, but age is one very important factor they examine.

Age is just one of the factors considered in what is known as "the grid".  This is a table composed of various factors to help the SSA determine if your disability meets the requirements necessary to "grid out", or be granted Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Other factors include education, the skill level of past employment, and whether you are able to do sedentary, light, medium, or heavy work.  The age criteria is broken down into four categories:

• 18 - 44 years old considered young individuals
• 45 - 49 years old considered younger individuals
• 50 -54  years old considered approaching advanced age
• 55 years of age and older considered advanced age

While all of the above may seem difficult to understand, the simple truth is that those individuals over 50 years of age usually benefit from the grid scenario much more than those individuals younger than 50 years of age. Those individuals over 50 years of age with unskilled work experience that is not transferable combined with a limitation of sedentary work often find themselves on the favorable end of a Social Security disability decision.  With that being said, your disabling condition is still an issue and all disability cases can have different facts.

Whether you are a young or an older individual, you can still win your disability claim if your disabling condition is severe enough to prevent you from working.  Indianapolis Social Security Attorney Scott D. Lewis encourages you not to rely on the above information to determine if you will receive Social Security disability benefits.  Mr. Lewis provides a free consultation by calling (317) 423-8888.  Get your free case evaluation by calling Indianapolis Social Security Attorney Scott Lewis today!