Indiana Social Security Disability Lawyer Blog

In the past couple of years, the Social Security Administration (SSA) had high hopes to improve the wait time for disabled individuals to get a hearing in front of an Administrative Law Judge (ALJ).  Because there was such a large number of backlogged disability appeals waiting to get a hearing date, the SSA's proposed goal was to improve the Social Security appeals system by hiring more ALJ's to hear cases, add more hearing centers, and implement technologies that would make it easier to process more hearings across the nation. With these intended plans, the SSA did not foresee the significant budget cuts that would later disrupt these proposed plans. Unfortunately, the backlog of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) appeals has not decreased; as a matter of fact, it appears that the number of disability appeals has grown since this initial plan.

In 2011, a study shows that a lack of resources, combined with an increased number of SSDI and SSI claims filed, may be having an impact on the wait time for a hearing. Statistically, the study showed that the number of appeals nationally still pending in the current year was 735,660.  In the 2010 fiscal year, the number of individuals waiting for a hearing was 705,367.  As you can see, there is a significant increase in applicants waiting for a hearing from last year.

Although there is an increase in the number of backlogged cases, the average wait period for an individual to get in front of an ALJ has decreased from 514 days in 2008 to 369 days in 2010. So regardless, the SSA has been able to improve the wait period from 2008 to 2010.

Unfortunately it is very difficult for a disabled individual to get a hearing scheduled faster than other disabled individuals.  Although, there may be measures that a disability claimant can take in order to increase their chances of being approved for benefits during the initial stages of the claims process, therefore avoiding the need for a lengthy disability appeal.

Some individuals may find it beneficial working with a qualified disability attorney during their initial stages of the claims process.  Statistically, individuals represented by a Social Security disability lawyer, or qualified representative, may help a disability applicant improve their chance of getting an approved Social Security disability claim. The initial application process takes an average of three to six months.  At the law office of Scott D. Lewis, Mr. Lewis and his staff assist disability claimants with filing their appeal after they have been denied.  It is important to provide the SSA with appropriate medical documentation supporting your disability claim.  Attorney Scott D. Lewis is an experienced disability lawyer who takes great pride in assisting individuals who are unable to work due to a disabling condition.  If you filed for disability benefits and you have been denied, contact Indianapolis Attorney Scott Lewis for a free consultation.  Don't be discouraged by the appeals process, appealing your denied claim just might get you what you deserve.  Call (317) 423-8888 today for your free case evaluation.

Are you an individual suffering from chronic or acute leukemia and cannot work because of this disease?  Leukemia is a type of cancer that affects more than 40,000 people per year.  Currently, there is no cure for leukemia. Leukemia occurs when blood cells in the bone marrow grow out of control.

Leukemia usually starts with some common symptoms such as:

• prolonged bleeding,
• bruising,
• weakness,
• weight loss, 
• infections, or
• pain & swelling in your joints.

The earlier leukemia is detected, the more likely it can be treated effectively.  This cancer is highly dangerous, but also highly treatable. Some treatments may include:

• chemotherapy;
• radiation therapy;
• other kinds of drug therapy; and
• stem cell transplants.

Being diagnosed with leukemia can possibly mean a major lifestyle change. Although treatments of these cancers are highly effective and can allow those individuals diagnosed with this cancer to still enjoy a good quality of life, they do not cure the cancer and often leave many side effects that may significantly reduce the quality of life for those who suffer from the disease.

If you have been diagnosed with leukemia and are unable to work because of it, you may qualify for Social Security disability benefits. The Social Security Administration's "Listing of Impairments" outlines the criteria that qualifies an individual with leukemia for disability benefits.

In order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you should provide the Social Security Administration (SSA) medical proof of your condition supported by doctor's exams, imaging technology, blood tests, etc. In addition, if this information also includes statements from your physician(s) asserting that you are unable to work because of your leukemia, it may be beneficial in winning your claim.

Indianapolis Social Security disability attorney Scott D. Lewis realizes that dealing with a diagnosis of cancer may be difficult enough, but dealing with financial problems because you can't work due to this diagnosis may make it that much more difficult to deal with. Individuals that find that they are unable to work due to leukemia are encouraged to apply for disability benefits.

If you decide to go through the disability application process, contact disability attorney Scott D. Lewis for a free case evaluation.  Mr. Lewis and his staff are knowledgeable about the disability claims process and are capable of assisting you throughout each step of the disability claims and appeals process.  Call (317) 423-8888 for your free consultation.

Indiana disability claimants who have endured a lengthy wait for their disability hearing should not be surprised to find themselves staring at their mailbox waiting for a decision to arrive.  Indianapolis Social Security disability attorney Scott Lewis receives many calls from his clients asking why it takes so long to find out whether or not they have won or lost their Social Security disability appeal.  Mr. Lewis understands it can be a frustrating wait when the bills are due and families are having a difficult time putting food on their tables.

There is always a possibility there is still work to do on your Social Security disability claim after you leave the courtroom.  Perhaps the Administrative Law Judge (ALJ) is not through reviewing your case.  All Judges conduct hearings differently and some take testimony first and then look deeper into the medical documentation to make a decision.  If there were no experts at your hearing, the Judge may want to ask questions regarding employment to a vocational expert after the hearing has concluded. On the other hand, some Administrative Law Judges have made a decision during the hearing or as soon as you walked out the door.   

There can be other reasons for a lengthy wait. It may be a problem of too much workload put on Administrative Law Judges and their staff.  Considering the large number of claims that are backlogging the hearing offices, it would not be too far fetched to think they are having a difficult time keeping up.  Indianapolis disability lawyer Scott Lewis deals with numerous hearing offices and has noticed some offices are simply slower than others.  With that being said, there are certain judges that seem to work at break neck speed to get decisions out.  It is important to remember though that the Administrative Law Judge is not the only one that has a hand in getting the decision to the claimant.

So what can you do to speed up the process?  In Indianapolis disability attorney Scott Lewis' experience unless you are required to comply with another medical examination or submit additional medical documentation the judge has requested there is not much else you can do.  You can only hope the Judge in your claim is being thorough and making a fair decision based on the medical evidence and your testimony.

Scott Lewis is local Indianapolis disability attorney who strives to achieve the best outcomes for his Indiana disability clients.  Mr. Lewis offers a free case evaluation by calling (317) 423-8888.  If you have a disability that prevents you from working call Mr. Lewis and his staff for your free consultation.

Some individuals diagnosed with chronic hepatitis are unable to work and find the need to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  The Social Security Administration (SSA) considers Hepatitis under Section 5.00, Digestive System in the "Listing of Impairments."  The specific listing for Hepatitis is found under Section 5.05 Chronic Liver Disease and to meet this listing for purposes of qualifying for disability benefits, your medical records must indicate one of the following:

1. Esophageal, gastric, or ectopic varices with a documented history of massive hemorrhaging as a result; or
2. Having had a shunt operation due to esophageal varices; or
3. Pathologic fluid collection in the abdomen for three (3) months or more that has required removal of such fluid or hypoalbuminemia; or
4. Hepatic Encephalopathy; or
5. High levels (2.5 mg per 100 ml. or more) of bilirubin in the blood on repeat exams for at least three (3) months; or
6. Confirmed diagnosis of chronic liver disease with ascites as mentioned in #3 above, or with serum bilirubin levels as mentioned in #5 above, or with inflammation of the liver or cellular death of tissue within the liver for at least three (3) months. This is demonstrated by a blood test showing abnormal prothrombin time (a measure of how long it takes blood to clot) as well as blood tests indicating abnormal levels of other liver enzymes.

Disability claimants must also have a medical diagnosis of Hepatitis which is supported by a liver biopsy in addition to documenting the above requirements.

Indiana individuals who are unable to meet this listing based on the above information, may still file for disability benefits in the form of a medical vocational allowance. You may be considered for this medical vocational allowance if your symptoms are severe enough that you are unable to function at work and your condition is not expected to improve for a period of not less than twelve (12) months, even with medical treatment.

If you are disabled because of Hepatitis that is so severe that it prevents you from working, you may be entitled to disability benefits. Individuals may benefit to work closely with their medical provider and a qualified Social Security disability lawyer or representative to obtain the appropriate medical documentation to support their disability claim in front of an Administrative Law Judge (ALJ).   

So remember, you may be able to win your SSDI or SSI claim even if you do not meet or equal the above mentioned criteria for individuals with chronic liver disease.  Social Security disability benefits amay be based upon an individual's residual functional capacity.  Therefore, if your hepatitis has prevented you from performing substantial gainful work activity for the past twelve months or you expect that it will prevent you from work activity for twelve months or more, your condition may be severe enough to be approved for disability benefits.

Indianapolis Social Security disability attorney Scott D. Lewis is an experienced lawyer who represents individuals with their SSDI or SSI claim.  Disability lawyer Scott Lewis offers a free case evaluation to individuals seeking disability benefits.  If you are disabled and would like a free consultation regarding your disability claim, call (317) 423-8888 to speak to Mr. Lewis or his staff.  Call today!

At times, the Social Security disability claims process can be frustrating and confusing.  Indiana disability attorney Scott Lewis talks to many clients about their concerns regarding the disability process.  Going through the difficult time of dealing with a disabling condition combined with the paperwork involved in a Social Security disability claim, may possibly create a very stressful situation.  Mr. Lewis strives to alleviate some of his clients worries by assisting them in the claims process.

The Social Security disability claims process has very distinct stages in obtaining an outcome for your claim.  These can include:

•   Filing the initial claim application
•   Filing a "Request for Reconsideration"
•   Requesting a hearing in front of an Administrative Law Judge
•   Appealing the Judge's decision to The Appeals Council

Obviously the first step in any claim is getting started.  Filing an initial claim can be done by visiting the Social Security Administration's website at www.ssa.gov or by calling their toll free number at (800) 772-1213, or by visiting a local SSA office.  Mr. Lewis often spends time with prospective clients during this initial stage addressing their concerns.

If your initial application is denied, the next stage in appealing your claim is to ask for a "Request for Reconsideration".  This is basically telling the Social Security Administration they have made a mistake in denying your claim and they need to take another look at it.  Unfortunately, the majority of these requests are denied again, but it is important not to give up at this point if you feel you have a valid claim.  Proceeding on in the next steps in appeals process may be in your best interest.

The next step, in what can turn out to be a lengthy process, is to request a hearing in front of an Administrative Law Judge (ALJ).  Statistically, studies show that your odds of winning your claim rise at this stage if you have a valid claim.  The setting is an informal hearing in which your testimony is considered in combination with your medical records.  Mr. Lewis spends the majority of his time preparing for and representing his Indiana neighbors at these hearings. 

If an Administrative Law Judge finds your claim unfavorable at the hearing level, you can appeal that decision to the Appeals Council.   Actions taken by the Appeals Council can include remanding the decision back to the hearing level, reversing the decision, or they may agree with the Judges previous decision. 

The above information is just a quick summary of the disability claims process and different claims may have different fact scenarios with different outcomes.  To an individual not familiar with the above process the services of an experienced Social Security disability attorney or representative may be helpful.  Indianapolis Social Security disability attorney Scott Lewis takes great pride in helping his clients through this process.  if you would like a free consultation contact Mr. Lewis and his staff at (317) 423-8888 today!

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability.  Indianapolis Social Security disability lawyer Scott Lewis often discusses with his Indiana neighbors just what these factors may include.  The Social Security Administration will consider a person's age, education, and work experience when analyzing a claim. 

Why does the Social Security Administration care about your education?  Believe it or not, the Social Security Administration does recognize that individuals with a lower education have less jobs in the national economy available to them.  This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have.  This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is are you able to work and to determine that the whole picture must be viewed to come up with an answer.

Many times at Indiana Social Security disability hearings, a vocational expert or "job expert" is present and has the duty of determining with your disabilities combined with your age, education, and prior work experience whether there are jobs that you can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Indianapolis disability attorney Scott Lewis handles claims with a wide range of disabling conditions such as diabetes with neuropathy, cancer, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Lewis at (317) 423-8888 for a free case evaluation.

Indiana Social Security disability lawyer Scott D. Lewis is an experienced attorney who represents individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. In his disability claims experience, he has represented individuals with a variety of disabling conditions.  Whether you suffer from a mental disorder or a physical disability, if you are unable to work due to this disabling condition or a combination of disabling conditions, you may qualify for SSDI or SSI benefits.

Attorney Scott D. Lewis often finds himself representing a disability claimant who suffers from an affective disorder.  An affective disorder is a disabling condition which is characterized by a disturbance of mood.  Mood is an emotion that generally involves depression or elation. In order to qualify for Social Security disability benefits for an affective disorder, an individual is required to suffer from an affective disorder considered severe.  The Social Security Administration (SSA) outlines the qualifying criteria in the "Listing of Impairments," Section 12.04 Affective Disorder.

In this listing, it states that a disability claimant must meet the criteria by proving that one of the following conditions is persistent (either continuous or intermittent):  

1. Depressive syndrome characterized by at least four (4) of the following:

a. Anhedonia or pervasive loss of interest in almost all activities; or

b. Appetite disturbance with change in weight; or

c. Sleep disturbance; or

d. Psychomotor agitation or retardation; or

e. Decreased energy; or

f. Feelings of guilt or worthlessness; or

g. Difficulty concentrating or thinking; or

h. Thoughts of suicide; or

i. Hallucinations, delusions, or paranoid thinking; or

2. Manic syndrome characterized by at least three of the following:

a. Hyperactivity; or

b. Pressure of speech; or

c. Flight of ideas; or

d. Inflated self-esteem; or

e. Decreased need for sleep; or

f. Easy distractibility; or

g. Involvement in activities that have a high probability of painful consequences which are not recognized; or

h. Hallucinations, delusions or paranoid thinking; or

3. Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes);

Included in this listing, a person must suffer from one of the three items above and as a result, suffer from at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

If the individual does not meet the above criteria, he/she may still qualify if it is medically documented that he/she has a history of a chronic affective disorder for at least 2 years' and that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

As stated above, the criteria for this and other qualifying disabilities can be found on the Social Security Administration's website.  If you are suffering with an affective disorder and find it impossible to perform substantial gainful activity, contact Indianapolis Social Security disability lawyer Scott Lewis for a free consultation.  This free case evaluation is only a phone call away at (317) 423-8888.  Call today!

Indiana residents that experience tinnitus often wonder if they qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Depending on the severity of tinnitus, some individuals may qualify to receive disability benefits.  People with tinnitus may experience hearing a sound within their ear or head when there is no external physical sound present. Some individuals describe the sound as the following:

• hissing,
• chirping,
• buzzing,
• roaring, or
• high-pitched ring.

Tinnitus is a very common problem that affects 10-17% of the general population. Approximately 44 million Americans experience tinnitus to some degree and is more prevalent in elderly people. Although some people find tinnitus is just a nuisance. Others may find it is a life-altering condition.

My tinnitus is so severe that is causes me to be unable to work; do I qualify for Social Security disability benefits?  Many individuals find their tinnitus so severe that it interferes with their ability to function daily activities including, but not limited to, work.  These individuals may qualify for SSDI or SSI benefits if he/she is able to prove the severity of the condition and how it affects their daily life.  The Social Security Administration (SSA) does mention under  their "Listing of Impairment" Section 2.00 Special Senses and Speech that tinnitus is part of vestibular disorders. 

At the law office of Scott D. Lewis, Indianapolis Social Security lawyer Scott Lewis has represented disability claimants with tinnitus.  In his experience, establishing and obtaining good medical records that support the claimant's disability claim may be key to winning your disability claim.  Individuals with tinnitus may benefit by continuing to visit their treating physician and maintaining treatment as prescribed by their physician.  Tinnitus combined with other disabling conditions may be considered in your disability claim.  Attorney Scott D. Lewis offers a free consultation to individuals seeking disability benefits from the Social Security Administration.  For your free case evaluation, contact Mr. Lewis at (317) 423-8888.