Indiana Social Security Disability Lawyer Blog

Indianapolis disability appeals attorney Scott Lewis talks to many individuals who are experiencing pain when performing jobs that require them to stand for either short or long periods of time.  There can be a variety of reasons contributing to the inability to stand, but the common theme is usually that the pain is so unbearable that the individual is forced to either sit down or lay down to alleviate it. 

How does the Social Security Administration look at your inability to stand when you are attempting to receive Indiana Social Security disability benefits?  Although there are many scenarios in which standing is an issue such as light, medium, and heavy work, the Social Security Administration (SSA) may decide your inability to stand leaves you with what is termed "sedentary" occupations.  In other words a "sit down" job.  Many individuals who have found themselves reduced to sedentary jobs have no previous work experience with sedentary employment.  For example, a construction worker who suffers from a severe impairment creating the inability to stand for any length of time is usually shocked when he/she finds the Social Security Administration believes they can perform a desk job or other employment he/she has never done before.  Believe it or not, vocational experts (job experts) may testify at an Administrative Law Judge (ALJ) hearing that sedentary jobs can include packers, assemblers, surveillance system monitors and various other occupations.

Does that mean you will lose your Social Security disability claim if you cannot stand to perform work?  Not always.  Various other factors come into play that may help you in winning your claim.  What if the pain you experience while standing also continues when you are sitting?  Continuous severe pain while sitting and standing may be enough to win your Indiana Social Security disability claim.  Your age, education, and prior work experience play a very important role in establishing a disabling condition that prevents you from maintaining substantial gainful activity.  If you are an older individual with a limited education and no transferable job skills, you may find yourself receiving Social Security disability payments much easier than your younger more educated counterpart.

It is also important to remember that the Social Security Administration will consider all of your disabling conditions combined.  So let's say you have a bad back that prevents you from standing, but the pain is not as severe when you are sitting and, unfortunately, you also suffer from major depression.  You are now reduced to a sedentary job, but cannot concentrate or make it to work on a regular basis due to depression.  The issue of major depression combined with the bad back may just be enough for a finding of disability by the Social Security Administration.

Scott Lewis is an Indianapolis Social Security disability lawyer who deals with clients suffering from many disabling conditions.  If you or someone you know cannot work due to a disabling condition you may be eligible for Indiana Social Security disability benefits.  Mr. Lewis offers a free consultation.  Call (317) 423-8888 and speak to Mr. Lewis and his staff today!

Indianapolis Attorney Scott D. Lewis practices Social Security disability law throughout the state of Indiana. He represents disability claimants with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Most individuals who apply for SSDI or SSI benefits have no idea what disability criteria the Social Security Administration (SSA) uses to determine if they are disabled. The SSA determines if an individual is disabled according to the rules and regulations governing Social Security disability and use a "Listing of Impairments" also known as the "blue book" to determine if an individual will meet or exceed the SSA's definition of disability.

What is the Social Security Administration's Medical "Listing of Impairments"?  This medical listing referred to as the blue book is a list of impairments that Congress has defined to be disabling. This disability handbook contains fourteen (14) major body system sections that address a list of Social Security disability impairments considered to be severe enough to prevent an individual from engaging in substantial gainful activity (SGA).

The major body systems addressed within the blue book are as follows:

1. Musculoskeletal System,
2. Special Senses and Speech,
3. Respiratory System,
4. Cardiovascular System,
5. Digestive System,
6. Genitourinary Impairments,
7. Hematological Disorders,
8. Skin Disorders,
9. Endocrine System,
10. Impairments that Affect Multiple Body Systems,
11. Neurological,
12. Mental Disorders,
13. Malignant Neoplastic Diseases, and
14. Immune System Disorders.

Within each of the above listings, Social Security defines the criteria needed to meet the listing in which disability is defined.  Indiana disability claimants may wonder what impairments they will find in the Social Security List of Impairments.  The "Listing of Impairments" contains a list of disabling conditions for each major body system.  For example, if you are disabled due to a spinal disorder, you must meet the criteria set forth in the section of the listing dealing with Musculoskeletal System.  In Section 1.00 Musculoskeletal System, this particular section includes, but not limited to, disorders such as disorders of the spine, amputations, fractures of an upper extremity, and soft tissue injuries.

Not all disabling conditions are found in the SSA's Listing of Impairments.  Therefore, the SSA may still find you disabled even if your disability was not included in this handbook.  The SSA considers any medical condition or combination of conditions disabling if it prevents someone from working and achieving SGA.  These disabling conditions may be physical, mental, or both.  In some cases, the SSA will base disability on the claimant's residual functional capacity.  This means what an individual is capable of doing in spite of their impairment(s) rather than specific medical and/or mental impairments. The majority of all Social Security disability cases, approval for disability benefits are medical vocational decisions, which are based upon an individual's age, educational background, work history, and residual functional capacity.

At the law office of Scott D. Lewis, Mr. Lewis and his staff attempts to take the time to discuss and explain the disability claims process with his clients.  He also offers a free consultation to those individuals that have been denied SSDI or SSI benefits and to those that are just beginning the application process.  Don't hesitate, call (317) 423-8888 for your free case evaluation!

Indiana residents that have been denied Social Security disability benefits often wonder what to do next in order to get the benefits they deserve. Statistically, it is stated that nearly 2% of Americans apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits each year. SSDI and SSI benefits are available to those individuals with a medical condition or a combination of medical conditions preventing them from working working for twelve consecutive months or longer or expected to be unable to work for 12 months. Unfortunately, approximately 80% of these claims are denied by the Social Security Administration (SSA) at the initial stage of the claims process. Once denied, many disability claimants wonder what to do next.

Indianapolis Social Security disability lawyer Scott Lewis often encourages his disability clients to be patient and to not panic. Although the claimant was denied initially, there may be hope for winning your claim. Even though the Social Security disability appeals process is long and may be complicated, it can be manageable and ultimately your claim may be approved.

Once the disability claimant receives their initial denial by the SSA, the claimant should file an appeal within 60 days from the date of the decision letter.  Most of the time, appeals can be filed online at the SSA's website.  The first appeal the claimant must file is the "Request for Reconsideration."  This appeal is simply asking the SSA to review your claim again for consideration of SSDI or SSI benefits.  Within a certain amount of time, the SSA will either approve or deny this appeal.  Again, don't stop there!  As stated before, the majority of these claims are denied so it is important to continue the appeals process.  A second appeal must be filed in order to have your disability case heard in from of a judge.  This second appeal can also be filed on the SSA's website within 60 days of the "Request for Reconsideration" denial letter.  It is important to make the deadlines set by the SSA so you do not have to initiate the claims process again.  The average wait for a hearing in front of an Administrative Law Judge (ALJ) in the Indianapolis area can be 18 months and in some cases longer.  Attorney Scott Lewis accompanies his clients during this long drawn out process to ultimately fight for his client's rights at a disability hearing.

Mr. Lewis encourages his disability client's to continue to visit their doctor(s) regularly and stay on any prescribed medication(s) if necessary while awaiting their hearing. It is also encouraged to document your disabling condition and how it affects your ability to work. When you appear before the judge, carefully explain why your medical symptoms prevent you from working.  Medical evidence may be the key in winning your SSDI or SSI claim.

Scott Lewis offers a free consultation to those individuals who are unable to work due to a disabling condition or a combination of disabling conditions.  If you are someone that you know have been denied disability benefits, call Attorney Scott Lewis for a free case evaluation at (317) 423-8888.  Don't let that initial denial stop you from fighting for benefits that you may deserve!

Scott D. Lewis is an Indianapolis disability lawyer who sees a variety of disabling conditions and cerebral palsy is no exception.  It is not uncommon for potential clients to call his office and ask how severe their disabling condition must be in order to be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. When should you inquire about your Indiana Social Security disability benefits for cerebral palsy or any other disabling condition?  In most cases, it is when your condition prevents you from performing substantial gainful activity.  In other words, apply for disability benefits when you find yourself unable to take care of yourself and/or your family due to a disabling condition or combination of disabling conditions.

Cerebral palsy is recognized by the Social Security Administration (SSA) as a disabling condition if it meets certain criteria.  To start with an Indiana disability claimant may want to turn to the Social Security Administration's "Listing of Impairments".  This publication outlines various disabling conditions the SSA will consider in making a favorable or unfavorable decision when deciding if your condition meets or equals certain standards.  The Social Security Administration evaluates cerebral palsy under section11.00 Neurological Impairments and more specifically 11.07 for cerebral palsy. Examining the criteria needed to qualify for this impairment while at the same time taking a close look at your treating physician's medical records may help you determine if you do indeed meet or equal the criteria needed to be determined disabled. Indiana Social Security disability attorney Scott D. Lewis often sends a list of questions to his Indiana disability claimant's physician(s) in hopes they may complete these forms in such a way it verifies that his client meets the listing making it easier for the Social Security Administration to find you disabled.

What happens if it is determined that you do not meet or equal the listing for cerebral palsy set forth by the SSA?  Indianapolis disability lawyer Scott Lewis encourages his clients not to give up on their claim because there is another way to get your Indiana Social Security disability benefits.  If the Social Security Administration determines your residual functional capacity either mentally or physically prevents you from performing substantial gainful activity (working) then you may qualify for Indiana Social Security disability benefits.  In other words, your inability to sit, stand, or walk for periods of time or your inability to concentrate and stay on task for required lengths of time, may prevent you from working.  There are other restrictions that may prevent you from working, but the above are just a few examples.

Disability lawyer Scott Lewis advises his Indiana neighbors not to give up if they have a valid claim.  Many Indiana disability claimants can win their claim by pursuing the appeals process and seeing their physicians on a regular basis.  Indianapolis Social Security disability attorney Scott Lewis has claimants with a wide variety of disabling conditions including carpal tunnel syndrome, leukemia, irritable bowel syndrome, major depression, spinal conditions, and many other disabilities.  If you would like a free consultation, contact Mr. Lewis and his staff today at (317) 423-8888.

With all of the increasing technology we experience on an everyday basis, it should be no surprise for Indiana disability claimants to find out their Social Security disability claim file is loaded onto a compact disc (CD) for viewing purposes. In an attempt to go paperless the Social Security Administration (SSA) has turned to having all of your disability development scanned and turned into space saving technology.  Indianapolis disability lawyer Scott Lewis believes this transition is not only easier for viewing purposes, but has cut down on unnecessary file storage for the Social Security Administration and also Indiana Social Security disability representatives.

Indiana Social Security disability appeals claimants may wonder what exactly is contained in their electronic Social Security disability claim folder.  The items in your Social Security disability claim folder are referred to as exhibits.  There are different sections of the folder and they may include:

• Payment documents/decisions
• Jurisdictional documents/notices
• Non disability development
• Disability development
• Medical records

If you are currently waiting on an Indiana Social Security disability hearing and the Social Security Administration has mailed you a compact disc with your Social Security disability file on it you will want to take a good look at it to ensure your file is complete.  While some of the sections may be difficult to understand, the medical records section should be closely examined to ensure all of your physician(s) records are present and up to date.  Indiana disability lawyer Scott Lewis strives to ensure his clients electronic file is complete and all necessary documents have been submitted to the Indiana offices of the Social Security Administration. 

If you show up at your Indiana Social Security disability hearing and your file is not complete, some Administrative Law Judges (ALJs) will allow you additional time to submit missing documentation; however, there is no guarantee an ALJ will give you this additional time.  So, a good review of your file may be very beneficial in you receiving a favorable outcome in your Social Security disability claim. 

If you are having a difficult time with your disability claim and currently do not have a Social Security disability attorney or representative you can contact Mr. Lewis for a free case evaluation.  Indianapolis Social Security lawyer Scott Lewis helps individuals with a wide range of disabling conditions including schizophrenia, epilepsy, mental retardation, neuropathy, depression, cancer, and may other impairments.  Call (317) 423-8888 to speak with Mr. Lewis and his staff!

Indianapolis disability attorney Scott Lewis travels throughout the state of Indiana and various other states to represent Social Security disability claimants at their Social Security disability hearing.  Due to various reasons, he is able to practice Social Security disability law in many different geographic locations.  At times, when one of his Indiana Social Security disability claimant moves, Mr. Lewis will travel to another city or state to remain as his or her client's disability case representative.  Many Indiana Social Security disability claimants may wonder where exactly will their disability hearing take place as they are approaching their hearing date.  Once the hearing date is established by the Social Security Administration (SSA), the disability claimant will be notified in writing by the SSA of the date, time, and location of their hearing in front of an Administrative Law Judge (ALJ). 

The Office of Disability Adjudication and Review (ODAR) is in charge of conducting hearings and giving out disability benefit decisions in determining if an individual is eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Currently, ODAR has 10 regional offices, 161 hearing offices (including 7 satellite offices), 5 national hearing centers, and 2 national case assistance centers.  There are approximately 1,300 Administrative Law Judges (ALJs) in the field organization. ALJs may travel to other sites such as local Social Security offices to conduct hearings if needed.

In most cases, Social Security disability claimants will be assigned the hearings office or location closest to their listed residency.  In order to find the ODAR office closest to you, visit ODAR's website.  The Indianapolis ODAR hearings office is located in downtown Indianapolis.  This hearings office services Social Security fields offices for Anderson, Bloomington, Columbus, Indianapolis Downtown, Indianapolis Northeast, Indianapolis West, Kokomo, Muncie, and Richmond. 

Disability Attorney Scott Lewis frequents the Indianapolis ODAR hearings office and several other locations throughout the state of Indiana.  Many of his disability clients reside in the Indianapolis area and outlining areas throughout the state of Indiana.  Many times, when a one of Mr. Lewis' clients moves to another city or state, Mr. Lewis will continue his representation by traveling to the hearings office the claimant's case has been transferred to.  Indiana Social Security Attorney Scott Lewis offers a free consultation to disability claimants.  If you or someone you know has been denied SSDI or SSI benefits, call Mr. Lewis at (317) 423-8888 for your free case evaluation!

The amount of inquiries Indianapolis Social Security attorney Scott Lewis receives on a weekly basis concerning child Social Security disability benefits is quite large.  The parent(s) or guardian(s) of these children have many questions concerning the eligibility criteria for qualifying for disability benefits.  The Supplemental Security Income (SSI) program can provide disability payments to children from birth to eighteen years of age if they meet medical and resource requirements.

Indianapolis disability attorney Scott Lewis finds many families fail to receive payments for a disabled child due to Social Security's income and resource rules.  The Social Security Administration will not only consider income and resources of family members living with the child, but also the income and resources of the child.  Indianapolis Social Security disability attorney Scott Lewis finds most families are surprised to find the threshold for income and resources is usually a lower figure than they had anticipated.  So even if your child meets the medical disability requirements set by the Social Security Administration your claim can be barred due to income and resource restrictions. 

Now in the event your family and child's income and resources are below the limit set by the Social Security Administration, you next must meet the Social Security Administration's rules for disability.  The child must have marked and severe functional limitations with a mental or physical condition, or a combination of conditions that have lasted or is expected to last for a period of twelve months.  Also, for 2011 the child can not be working and earning over $1,000 a month.   

When it comes to examining the mental or physical disability the child experiences, the Social Security Administration will consider:

• Functioning in motor skills.
• Functioning in personal skills.
• Functioning in cognitive and communicative skills.
• Functioning in response to stimuli for infants.
• Functioning in concentration, persistence, or pace.
• Functioning in social skills.

It should be noted, the child must have an extreme limitation in one of the above, or a marked limitation in two of the above.

Indiana Social Security lawyer Scott Lewis finds it very beneficial to have a treating physician with a long standing professional relationship with the disabled child to document and be prepared to verify medical information that the child has marked and severe problems in these areas of functioning to establish disability. If your child ends up at an Administrative law Judge (ALJ) hearing to determine disability, some of the questions the judge may inquire about may be simple questions as to whether your child is doing age appropriate activities, are they in the correct grade at school, are they in learning disabled classes, or if they engage in activities outside of school, and various other questions.  In Indiana disability lawyer Scott Lewis' experience, one of the questions you may ask yourself is how your child is different than other children his/her own age?  

If you have more questions concerning your child's claim for Indiana Social Security disability benefits, you can contact Mr. Lewis and his staff for a free consultation.  Disability lawyer Scott Lewis talks with many individuals with children who suffer from autism, various learning disorders, mental retardation, bipolar disorder, and other disabling conditions.  Call (317) 423-8888 for a free case evaluation today!

If you are an Indiana disability claimant trying to make ends meet while struggling through the Social Security disability process, chances are you do not have the extra money to pay for up front attorney's fees.  At times, individuals entering the Office of Disability, Adjudication and Review (ODAR) or commonly known as the hearing office make statements that they do not have an attorney with them because they cannot afford an attorney.  These individuals are unaware that Indiana disability lawyers like Scott D. Lewis represent Indiana disability appeal claimants on a contingency basis.

What is a contingent fee agreement?  In the case of Indiana Social Security disability lawyer Scott Lewis, it means you will pay no up front costs and you will only pay a fee if Mr. Lewis wins your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  The fee agreement is based on Mr. Lewis being paid on a percentage of your past due lump sum amount and cannot exceed a certain monetary figure set by the Social Security Administration (SSA).  On the other hand, if Indianapolis Social Security lawyer Scott Lewis is unsuccessful in winning your Social Security disability claim, there is no percentage paid, no maximum amount, and therefore no fee for his legal services.

If disability attorney Scott Lewis wins your claim, the Social Security Administration generally takes his fee directly out of your past due lump sum that you are owed by the Social Security Administration.  Why would the Social Security Administration owe you a past due amount?  The Indiana Social Security disability appeals process can be very lengthy.  By the time you are awarded Social Security disability benefits, you may have accumulated money that you are due considering the date you first became disabled or in some cases your date of application.  Indiana Social Security disability claimants should be aware there are many factors that may affect the amount of money you receive in a past due award including amending (changing) your onset date.

Attorney Scott D. Lewis does not only provide a contingent fee agreement, but also a FREE consultation. Indianapolis disability lawyer Scott Lewis and his staff strive to spend the time necessary to discuss and evaluate your Indiana Social Security disability claim.  By calling (317) 423-8888, you can speak directly with Mr. Lewis and his staff.  Indiana disability attorney Scott Lewis provides assistance to individuals suffering form epilepsy, leukemia, diabetes, fibromyalgia, schizophrenia, and many other disabling conditions.  Call today for your free case evaluation!