Indiana Social Security Disability Lawyer Blog

An Indiana resident that has a child that suffers from a disabling condition such as a mental disorder or a physical impairment often wonders if they are able to receive Social Security disability benefits.  Indianapolis disability attorney Scott D. Lewis has experience with representing child disability claimants.  Unfortunately, some parents assume that filing for disability benefits is different for a child than from an adult applying for disability benefits.   While there may some differences, the application process is very similar. 

Because a child has little or no work history, the child disability claimant in most cases would have to apply for Supplemental Security Income (SSI) benefits rather than Social Security Disability Insurance (SSDI) benefits.  Both programs are offered to disabled individuals, but the SSDI program is for those individuals with a qualifying work history.  The SSI program is offered to those disabled individuals who do not have a qualifying work history and have low sources of income or resources. 

As far as the application a parent or guardian needs to complete on behalf of their child, it is completed and processed in the same manner as an adult disability claim.  Therefore, the child disability claim will be filed at the Social Security Administration (SSA) then forwarded to the state agency handling the claim for the SSA.  This application will be assigned to a disability examiner just like an adult disability claim.  Finally, the child disability claim will either be approved or denied.

Although there are many similarities between a child's disability claim and an adult's disability claim, there are some slight differences.  A child disability claim will be determined on the basis of residual functional capacity just like an adult's claim. However, determination whether or not the claimant can return to past work or engage in some form of other work, generally does not apply to children.  In children's disability claims, determination is made regarding  the child's functionally limitations, age-appropriate activities, school work, etc.  This is the reason that child disability claims that involve a cognitive disorder, an affective disorder, or mood disorder will necessitate the gathering of not only medical records, but also school records.

If your child suffers from disorder such as autism, mental retardation, anxiety, or depression, he/she may qualify for SSI benefits.  Attorney Scott D. Lewis offers a free consultation to parents that have a child with a disabling condition.  To discuss your child's disability claim, contact the law office of Scott D. Lewis at (317) 423-8888 for your free case evaluation. 

Scott D. Lewis is an Indianapolis Social Security disability attorney helping individuals throughout the state of Indiana in obtaining their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  In disability attorney Scott Lewis' experience individuals who have had a knee replacement can win a disability claim depending on the specific facts in their claim.  This blog is designed to discuss some of those issues involved in a knee replacement claim.

First it is important to note the Social Security Administration (SSA) does recognize this disability in its Listing of Impairments under Listing 1.02 Major Dysfunction of Join(s).  At times Indiana disability claimants are found disabled by either meeting or equaling this listing due to severe knee impairments.  Although, in Mr. Lewis' experience more individuals are found disabled by another analysis when it comes to individuals who have underwent knee replacement. 

If you do not equal or meet a listing, your physical residual functional capacity may be so diminished that you are unable to work.  In other words, your inability to sit, stand, and/or walk for any length of time may render you unable to perform substantial gainful activity.  Also, the pain you experience may make you unable to concentrate or stay on task.  Many individuals with severe knee problems and/or knee replacements may find themselves in constant pain  whether sitting or standing. 

The need for the use of a cane while at the workstation may also exclude many occupations.  Individuals who need a cane while performing a standing job or a job with a sit/stand option may be considered a one-armed worker and unable to perform that type of work.  Some individuals with knee and leg issues that create swelling must periodically elevate their legs to waist level to reduce swelling while at a seated job.  This need to elevate legs periodically to relieve swelling may result in the inability to perform sedentary or sit down occupations. 

Indiana Social Security disability attorney Scott Lewis believes no two disability cases are exactly the same and he strives to make every effort to discuss the details of your individual claim.  If you or someone you know has questions regarding Social Security disability contact Mr. Lewis for a free case evaluation.  Call (317) 423-8888 to speak to Mr. Lewis and his staff regarding your disability claim.

Individuals suffering from panic attacks may find it difficult if not impossible to hold down steady full time employment.  Indianapolis disability attorney Scott Lewis has represented many individuals with this disabling condition and understands the impact it can have on even simple activities of daily living.  Many individuals suffering from panic attacks may experience an intense sudden fear that may bring with it physical reactions.  The sometimes unpredictable nature of panic attacks can create an environment where some individuals are afraid to leave their homes.

The symptoms of panic attacks may vary among individuals, but some common symptoms may include:

• Nausea
• Shortness of breath
• Racing heart
• Dizziness
• Chest pains
• Weakness

The Social Security Administration does recognize panic attacks in its listing for Anxiety related disorders.  If an individual does not precisely meet this listing there may be other ways to win your Social Security disability claim.  Individuals should also be aware of the fact the Social Security Administration will consider all of your disabling conditions in combination to determine if you are unable to work and are eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. 

If you have questions regarding Social Security disability benefits contact Indiana Social Security disability attorney Scott Lewis for a free consultation.  Mr. Lewis handles a wide variety of claims including depression, bipolar disorder, back problems, multiple sclerosis, and heart disease among other conditions.  Call (317) 423-8888 for your free case evaluation today!

Times are changing and with advances in technology and an increase in Indiana Social Security disability claims it may be a good thing depending on your perspective.  If you have been waiting on a Social Security disability appeals hearing in Indiana you just might find yourself in a hearings office staring at a television monitor.  Does that sound impersonal?  Well, the Social Security Administration says you have a choice if you notify them in time so that you can be heard in person.  Indianapolis Social Security disability attorney Scott Lewis believes there can be advantages and disadvantages to a video hearing.

So what can be a potential advantage?  You may get in front of an Administrative Law Judge (ALJ) sooner by accepting a video hearing.  Indiana disability lawyer Scott Lewis receives numerous calls from his clients during the long waiting process and the majority of his clients state they are in financial turmoil because they are unable to work and support their families.  The thought of turning down a video hearing and waiting for an in-person hearing with an unknown date often makes this an easy decision for these individuals struggling to put food on the table. 

Indianapolis Social Security disability attorney Scott Lewis believes there can be potential drawbacks to video hearings.  One major drawback can be that the Administrative Law Judge is unable to clearly assess your disability through video teleconferencing.  This may be due to the fact the ALJ cannot see that you entered or exited the hearing room in pain and difficulty.  In Mr. Lewis' experience at times there can also be difficulties with the audio equipment.  The audio equipment may cut in and out and there are many  times there is a delay in picking up the person's voice that can cause individuals to talk over each other.  Individuals should remember technology does have its drawbacks.

Indiana Social Security disability attorney Scott Lewis has represented Indiana disability claimants in numerous in-person and video teleconferencing hearings and has had success in both settings. If you are looking for Social Security disability representation contact Indiana attorney Scott D. Lewis for your free case evaluation.  Call (317) 423-8888 for your free consultation and discuss your claim with Mr. Lewis. 

Indiana disability lawyer Scott D. Lewis has helped individuals win Social Security disability claims invovling Aspergers Syndrome when they found themselves initially denied.  Many Indiana residents and their families are shocked when they find themselves with a notice of denial when they know this type of impairment can create a huge impact in some areas of functioning.

Most of the individuals Mr. Lewis sees with Aspergers Syndrome are children and while there are many symptoms associated with Aspergers Syndrome some of the more common symptoms include:

• Difficulties with social interaction
• Repetitive behaviors and problems accepting changes in routines
• Hypersensitivity to textures, tastes, and sounds.
• Avoidance eye contact
  
• Extreme focus on one area of interest

The above symptoms may vary from individual to individual and can have varying degrees of severity.  It is important to note,  an individual trained in the appropriate medical field can usually better assist in deciding what symptoms are generally attributed to Aspergers Syndrome.

Indianapolis disability attorney Scott Lewis has talked with families who have an individual with Aspergers Syndrome and understands the effects it may have on academic performance, social interaction, and the ability to perform work like activity.  It is important to remember the Social security Administration (SSA) does recognize Aspergers Syndrome as a disabling condition.  It may be necessary to appeal your denied Indiana Social security disability claim in order to get the benefits granted that you deserve.

if you or someone you know has been denied Social Security Disability Insurance (SSD) and/or Supplemental Security Income (SSI) benefits and believe that decision was unfair contact Mr. Lewis for a free case evaluation.  Disability attorney Scott Lewis focuses on denied Social Security disability claims and can be reached at (317) 423-8888 for your free consultation.

At the Indiana law office of Social Security disability attorney Scott D. Lewis, Mr. Lewis and his staff often find themselves explaining the different stages of the disability claims process to those individuals seeking disability benefits. Individuals that have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits often find themselves receiving a denial letter from the Social Security Administration (SSA). When the SSA notifies the disability claimant that their initial application was denied, it is up to the applicant to continue the disability claims process by appealing the denial. Within sixty (60) days, plus five (5) days for mailing time, the disability applicant must file the appeal with the SSA.  This stage of the claims process is called the "Request for Reconsideration" stage.  This request is simply asking the SSA to reconsider your disability claim. 

Once this "Request for Reconsideration" is submitted by the Indiana disability applicant, the request for reconsideration goes back to the same state agency who denied the claim the first time, but a different examiner at the Disability Determination Section (DDS) of the SSA reviews both the initial application and the "Request for Reconsideration".  Once the disability examiner at the Disability Determination Section (DDS) makes the reconsideration determination, the applicant will be informed by mail.  Unfortunately, statistically about 80% of the time the reconsideration decision is the same as the initial decision resulting in another denial. However, statistically about 20% of the time a claimant wins at the reconsideration level.  In most states, in Indiana, if you want to appeal a denial of Social Security disability benefits, you must go through the reconsideration appeals process. There is no way to avoid it. In a few states, the Social Security Administration has abolished reconsideration and you can file an immediate request for a hearing before an Administrative Law Judge (ALJ). The denial notice from Social Security will tell you what the next step is that you need to take.

If you are disabled and are unable to work due to your disabling condition, but have been denied SSDI or SSI at the initial application level, you may want to seek representation from a qualified Indiana disability attorney or representative.  Indianapolis lawyer Scott D. Lewis encourages disability claimants to fight for the benefits they deserve.  Mr. Lewis urges disability claimants to file a "Request for Reconsideration" immediately when they are denied.  At the law office of Scott D. Lewis, Mr. Lewis and his trained staff can assist the claimant with filing the "Request for Reconsideration." 

Here are some important tips to remember when filing your disability appeal with the Social Security Administration:

1. Provide the SSA with the most updated medical information including recent visits to doctors, hospitals or clinics, and updated medication lists. Submit the medical records from providers that you have visited, from the time of your initial application until your "Request for Reconsideration" was filed.  
2. If you submitted your initial application in writing, make a photocopy of your application.  This can be useful when completing the "Request for Reconsideration" paperwork.  Carefully review your initial application to make sure you haven't forgotten any medical providers, hospitals, or clinics.  If you have, include them on your appeal application.  Also, include any conditions or side effects to medications that you may not have included on your initial application. 
3. File your "Request for Reconsideration" within sixty (60) days of the date on the denial notice, plus five (5) days for mailing. Turn in your request for reconsideration as early as possible. Every day you wait is a longer delay.

These are just a few tips that may help speed up the reconsideration process. While it may not mean that your SSDI or SSI benefits will be granted at the "Request for Reconsideration" stage, you will at least a get "faster" denial so that you can move onto the "Request for Hearing" stage.  At the Indianapolis law office of Scott D. Lewis, we can assist those individuals with the disability appeals process.  We strive to meet all deadlines set by the SSA.  Call (317) 423-8888 for a free consultation regarding your disability claim.  Don't quit, fight back!  Let our law office help fight for the disability benefits that you deserve.   

Are you an Indiana resident that suffers from a disabling condition or a combination of disabling conditions causing you to be unable to work?   Indianapolis Social Security disability lawyer, Scott D. Lewis, represents disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims.  Often times, disabled individuals are unaware that the Social Security Administration (SSA) offers two different disability benefits programs to disabled individuals unable to work due to their disabling condition.  Although the medical requirements are the same for both of these SSA programs, there is a difference between the non-medical requirements to determine eligibility.   Many individuals are confused by determining whether they should apply for SSDI or SSI benefits.  Attorney Scott Lewis advises all of his disability clients to apply for both programs, just in case they may qualify for one, but not the other. 

So, what is the difference between the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program and are there any other programs that I should be aware of? 

There are two different federally funded disability programs offered by the SSA.  These two programs are Social Security Disability Insurance and Supplemental Security Income.  First, let's discuss the Social Security Disability Insurance program.  Many people refer to the Social Security Disability Insurance program as the following:

• SSDI
• SSD or Social Security Disability
• Title II
• DIB

From this point forward, the above program will be referred to as SSDI.  To be eligible for SSDI benefits the disabled individual must be "insured". What does this mean?  To be insured, the disabled individual must have worked for a period of time long enough to have paid Social Security taxes to have earned work credits. If a disability applicant is awarded SSDI payments, the amount of benefits will be determined based on how much the applicant paid into the system. In addition, the date that you are found to meet the definition of disability under Social Security rules must be before your date of last insured. The date of last insured is usually five years from when the individual with a consistent work history stopped working.  In summary, there is both a duration work requirement and a recent work requirement to determine if you are eligible for SSDI. SSDI benefits may be paid to the disabled person and to minor children.  Those who win their Social Security disability benefits through the SSDI program may be entitled to Medicare in two years and six months from the date of onset. The onset date is the date the individual is found to meet the definition of disability.

Adults suffering from a disabling condition that occurred prior to the age of 22 and continues to be disabled may also qualify for SSDI benefits.  This is known as Childhood Disability Benefits or Disabled Adult Child Benefits and are under Title II. These individuals must also have a parent who is on Social Security disability or retired and collecting Social Security benefits, or a parent must have died and the parent was fully insured when they died. What this all means is that the adult child, if they meet the formerly mentioned criteria, is entitled to benefits based on the parent's work record. Because these are Title II benefits, the adult child (who is disabled) is also entitled to Medicare.

Additionally, disabled widow's benefits are also available under the SSDI program. A disabled widow can get benefits based on the deceased spouse's earnings record, but you must be 50 years or older and the onset of your disability must have been within seven years of your spouse's death.

The second program offered by the SSA is the Supplemental Security Income benefits program. Supplemental Security income is commonly known as SSI or Title XVI benefits. From this point forward we will refer to this program as SSI.  To qualify for SSI, disabled adults must have limited income and resources.  What does Social Security mean by limited income? The SSA may consider the following things "income":

• money earned from work
• money received from other sources like unemployment benefits, friends or family
• VA or Social Security benefits
• workers compensation benefits
• free food and shelter 

What is "limited resources"?  Resources can be anything such as cash, land, vehicles, personal property, life insurance, bank accounts, stocks, US Savings Bonds, and anything else that can be converted to cash and used for food and shelter.  The SSA has limits on countable resources.  Those who qualify for SSI will usually qualify for Medicaid, as well.  These benefits are paid out of the general tax revenues and not the Social Security tax revenues. 

The SSI program also offers benefits to children under the age of 18, or under 22 and regularly attending school, and are disabled living in a household with limited income and resources.  Social Security will look at the amount income and resources of the parents living with the child to determine if the child is eligible for these benefits.  The best way to find out if your child is eligible for SSI benefits is to contact SSA.

The SSA determines disability for the two programs exactly the same, by using a five step process.  Although, determining child disability varies from this process for children under the age of 18. 

If you are disabled, you may qualify for SSDI or SSI benefits.  If you are unsure of which program that you qualify, call Indiana disability Attorney Scott D. Lewis for a free consultation regarding your disability claim.  His law office is eager to assist you with your claim, call (317) 423-8888 for your free consultation today!

While there are many factors that may have an influence on your chances of receiving a favorable outcome in your Indiana Social Security disability claim, Indianapolis disability Lawyer Scott D. Lewis finds a few factors always seem to stand out.  By no means are these the only areas you should be concerned with, but in Social Security disability attorney Scott Lewis' experience they usually play an important role in your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. 

1. The Social Security disability claimant's medical records.  Indiana disability attorney Scott Lewis strives to emphasize to his clients that the majority of successful Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims have a well documented medical record history.  If you believe the Social Security Administration (SSA) is going to just take your word on your disabling condition, you may be in for a big surprise when you receive your decision in the mail. 
2. How credible the disability claimant is.  In other words, are you telling the truth?  You can probably guess that the Social Security Administration has seen its share of individuals stretching the truth when it comes to how disabling their condition really is.  Indiana disability benefits attorney Scott Lewis attempts to tell all of his clients it is important to be truthful.  In Mr. Lewis' experience, in general, if the SSA or an Administrative Law Judge (ALJ) believes you are not being truthful about one thing, chances are they may not believe you on other aspects of your disability claim. 
3. The Administrative Law Judge (ALJ) that is assigned to the disability claim.  This is a big one!  The amount of claims each individual judge approves varies and each ALJ's approval rating is all over the board.  Some statistics state the average approval rating at the hearing level is around 60 percent.  What does that mean?  Well as they say, "you do the math."  That means some judges are much higher than that and some judges are much lower.  If you get one of these Administrative Law Judges that denies far more claims than they approve there is not much you can do.  Indiana disability lawyer Scott D. Lewis usually has access to statistical information to let his clients know the judges approval rating and attempts to prepare his disability client for what kind of hearing he/she can expect with that particular judge.  The assignment of judges is random and sometimes you may be the unlucky one to be assigned an ALJ that you may not perceive as fair.

How can you improve your chances of winning your Indiana Social Security disability benefits claim?  In Scott Lewis' experience, you should be diligent in seeing your medical professionals when necessary and be realistic about what your limitations are.  Even if you are assigned a judge that turns down most of the claims he/she hears, it is still difficult for the judge to say "no" to a well documented, well founded claim. 

Scott Lewis is an Indianapolis Social Security disability attorney that takes great pride in helping disabled individuals with their claims.  Mr. Lewis handles a wide array of claims including, but not limited to, cancer, depression, arthritis, emphysema, spinal disorders, and bipolar disorder. You can discuss your case and receive a free evaluation by calling (317) 423-8888 to speak with Mr. Lewis and his staff. 

Indiana Attorney Scott D. Lewis represents Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants with their disability claim.  Often times, he will get asked by his disability clients if it is important for them to continue to take their medications prescribed by their treating physicians.  When Mr. Lewis discusses the claimant's case, during the free consultation offered at his law office, he often shares with them the importance to continue to visit their treating physicians and the importance of the claimant to comply with the treating physician's orders, including medications. 

As disability lawyer Scott Lewis explains the disability evaluation process to his potential clients, he also explains the importance of medical records and medication history.  When submitting records in support of the claimant's disability claim, Mr. Lewis and his staff will  attempt to submit all medications prescribed by the client's treating physician.  Many times, claimants will experience side effects with their medications.  These side effects may contribute to the claimant's inability to work.  Side effects of some pain medications or other medications may include, but are not limited to:

• fatigue
• drowsiness
• nausea
• breathing impairment
• mental fogginess
• gastrointestinal effects
• decrease in reaction time

These side effects may impact the claimant's ability to engage in normal daily activities or one's ability to persist in a work environment.   

Scott Lewis believes that if a disability claimant does not comply with their treating physician's medication orders, the Social Security Administration (SSA) may deny their disability claim.   In Mr. Lewis' experience, it may be in the claimant's best interest to take the medications that have been prescribed by their treating physician and take prescribed medication as instructed. The SSA will determine the severity of the disability and their ability to function while the claimant is medicated.  If the disability claimant fails to comply with their medication orders, the SSA may not be able to make a determination.  For example, if you are person suffering with asthma or epilepsy, if you fail to take your prescribed medication as directed, the SSA may find that your condition is more limiting or severe when not medicated.  In contrast, taking the medication prescribed to you by your treating physician may also render your condition as being non-disabling or may possibly determine that your condition is less severe, but still disabling.  Unfortunately, if a patient is not taking his or her medication this determination cannot be made by the SSA.

Whether you are suffering from bi-polar disorder, migraines, epilepsy, or asthma, it may be in your best interest to take all medications as prescribed and as directed by your doctor.  Compiling a list of medications, doses, and side effects cab be important when filing for SSDI or SSI benefits.  Failing to do so may weaken a disability claimant's case in the eyes of the disability examiner or the Administrative Law Judge (ALJ).  It is important to remember all Social Security disability claims are different and ALJ's views on medications may vary.  Noncompliance with medications may not always result in a losing claim, but Indiana disability attorney Scott Lewis experience has shown it can be an issue.  If you would like a free consultation regarding your Social Security disability claim, contact Attorney Scott Lewis at (317) 423-8888 immediately.  Mr. Lewis and his staff are eager to discuss your claim today!