Indiana Social Security Disability Lawyer Blog

Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) recipients often wonder how long they will receive these disability benefits.  Many SSDI or SSI claimants are under the assumption that their disability benefits will last until retirement age. Although many disability recipients will receive benefits until they reach the retirement age, this is not the case for everyone. For those individuals who do receive Social Security disability benefits until retirement age, Social Security disability benefits will not just stop altogether, but they will simply change from Social Security disability benefits to Social Security retirement benefits. On the other hand, there are some instances in which a disability recipient will have their disability benefits end prior to reaching the retirement age.

The most common reasons for a stop in disability benefits are:

• improvement of one's disabling condition,
• incarceration, or
• return to work.

As stated above, improvement of someone's condition is just one reason why the Social Security Administration (SSA) may revoke benefits.  The SSA reviews the SSDI or SSI claimant's disability benefits on a regular basis. These reviews are called "Continuing Disability Reviews" and these reviews are given to everyone who receives disability benefits. The time between these reviews may depend on whether or not your condition is expected to improve. Benefits may be reviewed by the SSA anywhere from every 18 months to several years depending on your condition and your chances of improvement.

Another reason the SSA may revoke disability benefits is incarceration.  If an individual who receives disability benefits ends up in prison or is put in jail for more than 30 days, it is likely the disability benefits will stop. However, incarceration does not permanently end an individual's disability benefits. When the individual gets out of jail, it is possible to this individual to get their SSDI or SSI benefits reinstated.

One misconception people have is that going back to work automatically disqualify a person from receiving Social Security disability benefits.  This is not necessarily true.  Although. an individual that decides to go back to work who earns a substantial income may no longer be entitled to disability benefits.  In this case, you may be entitled to Social Security retirement benefits once you reach retirement age. If you do decide to return to the workforce, benefits will not stop immediately. An individual can earn income on a "trial" basis for up to nine months before your Social Security disability benefits are revoked. If you try to return to work and find that you are unable to cope with it, your Social Security benefits will not end.

Individuals who remain disabled until retirement age will be able to keep their disability benefits until retirement age. However, it is important to understand that you need to take steps to ensure you are actually able to keep your Social Security disability benefits.  Attorney Scott D. Lewis likes to remind his disability clients to continue stay on top of their disabling condition. Continue to schedule regular doctor's visits. Continue to explain to your doctor how your condition prevents you from performing normal daily activities so that there is documentation of your continuing disability. This may be beneficial for your "Continuing Disability Reviews".

It is also very important for an individual to comply in a timely manner to the "Continuing Disability Review."  Individuals who refuse to respond to a review may potentially cause you to lose your benefits. Additionally, the SSA may arrange for you to meet with a physician for a medical examination.  It is important to make this appointment.   Indianapolis Social Security disability lawyer, Scott Lewis informs all of his potential clients and his current client's to be cooperative and timely with all requests by the SSA. 

If you are disabled and are seeking disability benefits, contact Attorney Scott Lewis for a free case evaluation.  Mr. Lewis and his staff would gladly discuss your disability claim with you.  Call (317) 423-8888 for you free consultation.

When Indianapolis disability attorney Scott Lewis finds out someone has been denied their Social Security disability benefits, one of the first things he asks them is what is the date on their denial letter.  The date on denial letters received from the Social Security Administration (SSA) can play an important part in the processing of a Social Security disability appeal.  This may be the difference between a valid ongoing disability claim and a claim that needs to be refiled in order to pursue your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

If you find that you have been denied it is important to note the date of the denial letter.  You have sixty (60) days to file a "Request for Reconsideration" or "Request for a Hearing in front of an Administrative Law Judge".  The Social Security Administration does allow additional days for mailing.  If you are unable to make this important deadline, the Social Security Administration may allow a late submission or untimely filing if you have a valid reason for turning the required paperwork in late.  Attorney Scott Lewis advises his client not to count on an untimely filing to be accepted, and as long as the Indiana Social Security disability process can take there is usually no benefits to drag your feet when appealing a denial.

Indianapolis disability appeals attorney Scott D. Lewis attempts to keep his Indiana Social Security disability clients aware of how important it is to stay on top of important dates and time constraints. Mr. Lewis encourages his clients to call his office to make sure the appropriate paperwork has been received through the mail.  Mr. Lewis knows how important your disability claim is to you and your family when resources are scarce and bills are piling up.  If you or someone you know is struggling with a Social Security disability claim, contact Mr. Lewis or his staff for a free case evaluation.  Indianapolis disability attorney Scott Lewis can be reached at (317) 423-8888.  Call now for a free consultation!

When getting ready for your Indiana Social Security disability hearing, you may be wondering  just what the atmosphere will be like and how the questioning will go.  Indianapolis disability lawyer Scott Lewis attempts to prepare all of his clients for what they may expect during the course of their Social Security disability appeal hearing.  Although all Administrative Law Judges (ALJs) may be different, the general framework of the questions usually remains the same.

You may be familiar with courtroom television shows and perhaps are expecting a very rigid line of questioning following strict court rules, you may be surprised to find a more informal setting at your disability hearing.  At times these hearings often resemble more of a conversation than a strict guideline of rules and procedures that make it difficult for you to follow.  Many times, the judge will simply ask you questions and then when he/she is finished, they will let your attorney or representative cover any issues they feel are important or have been overlooked.

Because most judges do not follow strict trial rules, many times an attorney can ask questions that may appear leading in order to expedite the hearing process.  Most hearings are scheduled for one hour or less.  If an attorney was required to lay a foundation for every question being asked, a hearing could last for a very long time and with the huge backlog of Indiana Social Security disability claims this could have a large impact on wait times for others seeking their day in court.  Indianapolis Social Security disability lawyer Scott Lewis believes this type of judicial inefficiency is not advantageous to the Social Security disability process and can only muddy the water when attempting to get important testimony out in a timely fashion. 

Indiana Social Security disability attorney Scott Lewis believes Administrative Law Judges that provide latitude in questioning, Social Security disability claimants only help to establish a fair and speedy hearing process.  Indiana Social Security disability claimants waiting such a long period for their hearing only to find themselves muzzled at such an important day may feel they have been treated unfairly.  For the most part, the Social Security disability claims process and its Administrative Law Judges should be commended for holding hearings in a manner consistent with a fair and expeditious setting in mind.

If you are struggling with a Social Security disability claim or simply have questions about fling a claim, you can contact Mr. Lewis and his staff for a free case evaluation.  Contact Mr. Lewis and his staff at (317) 423-8888 and discuss your case with Mr. Lewis today.  

Scott Lewis is an Indianapolis Social Security disability lawyer who is experienced in helping individuals in obtaining the Social Security disability benefits they deserve.  Mr. Lewis has also read the results and talked to his Indiana disability clients about consultative examinations.  The Social Security Administration (SSA) uses consultative examinations when they determine there is either not enough supportive information from your treating physician(s) or you simply do not have a physician to provide information to support your disability claim. 
A consultative examination (CE) is an examination covering psychiatric, psychological, or physical impairments.  The consultative examination is conducted by medical professionals contracted by the government to provide information regarding the severity of the disabling condition the claimant has asserted as a mental or physical impairment. 

Indiana disability attorney Scott Lewis fields many questions from his clients about these consultative examinations.  Many individuals ask Mr. Lewis if it is mandatory that they attend the examinations.  Mr. Lewis often tells his clients that not attending a consultative examination could result in denial of the disability claim.  Active participation in the disability process when you are asked to help move the process along may help you receive a favorable outcome.  If you cannot attend your consultative examination, let the Social Security Administration know so it can be rescheduled at a time more convenient for you.

There can be drawbacks to relying on a consultative examination for an approval of your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  These examinations are usually very brief.  In Mr. Lewis' experience, they are not a good substitute for a long standing relationship with a treating physician.  You also must remember a consultative examination is usually a single appointment by a physician who has never seen you before.  Obviously this is probably not a good substitute for numerous medical records you may have accumulated from your treating sources.  Your treating physicians medical records should play an important role in you being approved for Social Security disability benefits, so it may not be wise to rely on a consultative examination to provide you with the disability benefits you are seeking.

Scott Lewis tells his Indiana disability benefits claimants the consultative examination may be a hoop you simply have to jump through in order to eventually get your Social Security disability benefits.  Mr. Lewis represents his Indiana neighbors with a variety of disabling conditions such as multiple sclerosis, cancer, diabetes, heart disease, depression, and bipolar disorder. If you have questions concerning your Social Security disability claim you can contact Mr. Lewis at (317) 423-8888 for a FREE case evaluation.   

Social Security disability applicants that have been denied disability benefits have the right to appeal that decision made by the Social Security Administration (SSA).  As an individual goes through the stages of appeals, he/she may eventually find him/herself in front of an Administrative Law Judge (ALJ).  Indiana hearings are heard at one of the Office of Disability Adjudication and Review (ODAR) locations. 

Most states have more than one ODAR location.  According to the SSA, there are currently 10 regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and 1 national case assistance center. There are approximately 1,300 administrative law judges and 7,000 support staff in the field organization. Additionally, administrative law judges may travel to other sites such as local Social Security offices to conduct hearings if needed or appear by video at your location.

In addition to the stated above, the SSA may use other facilities throughout the state to conduct the hearing. Don't be surprised if you are scheduled for a hearing at the Social Security Administration office, a conference room at another facility or in a hotel or bank. Regardless of the location, the ALJ that presides over the case will still review the evidence, listen to the comments made by your disability attorney, and hear testimony from medical or vocational experts.

The ODAR Chicago Region services residents in the six state area comprised of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.  Indiana residents will find their hearing scheduled at the location closest to their home.  Indiana Social Security disability attorney Scott D. Lewis finds himself traveling throughout the state of Indiana to represent disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  If you have been denied disability benefits or if you cannot work due to a disabling condition, contact Indiana Attorney Scott Lewis for a free case evaluation.  Mr. Lewis and his staff will gladly discuss your disability claim with you.  Call (317) 423-8888 for your FREE consultation.

Do you really need a disability lawyer when applying for Social Security disability benefits?  Indiana disability claimants may become overwhelmed by the Social Security disability application process. According to Indianapolis Social Security disability attorney Scott D. Lewis, this isn't very surprising when considering how frustrating the process may be.  Although everyone's disability case is unique, some common frustrations may develop from claimants having a legitimate claim denied, individuals waiting years for their benefits to be approved, or possibly feeling as though they are treated unfairly during the appeal process.  Many individuals wonder whether or not they should hire a disability lawyer to help with the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application process.  There are some factors that you may want to consider when deciding whether or not you need to retain an attorney for your disability claim.

Majority of disability applicants are denied at the initial application stage. Those individuals who have been denied may become completely overwhelmed by the Social Security disability application process.  As a result, they find it necessary to hire a disability lawyer or representative so they do not have to face the appeals process alone. 

Once an individual has been denied SSDI or SSI benefits, the need for representation might be considered. It may be beneficial to hire a Social Security attorney to represent you through the appeals process.  Some statistics show that disability claimants who have legal representation at the appeals stage are often more successful in being approved for benefits than those who decide to go on without representation.  Social Security disability attorney Scott Lewis believes that you are entitled to a fair hearing and strives to ask all of the questions you should be asked during this process. Mr. Lewis attempts to be aware of the Social Security disability regulations that may be beneficial in your claim being approved.

If you are an individual that decides to hire a Social Security disability lawyer, you may worry about the costs involved. Understanding that you're applying for disability benefits and you don't have an income, you may be concerned with being able to afford to hire a lawyer.

Surprisingly, hiring a Social Security Disability attorney may be considered to be very affordable. Most Social Security disability lawyers are paid up to 25% of what you receive in Social Security disability back payments, and in 2011 that amount cannot exceed $6,000. So, what does this mean?   For example, if your past due award is $20,000, your disability attorney would receive 25% of that amount, which is $5,000. The Social Security Administration (SSA) would then pay your attorney by taking the fee directly from your past due award. 

On the flip side, many people worry what will happen if they don't win their case.  How will they be able to pay their legal fees?   Don't worry!  In the case of Mr. Lewis, an individual that does not win their disability case does not pay him for his representation.  There is no financial burden on the claimant if they do not win their claim.  To say the least, this may also gives your lawyer quite a bit of incentive to represent you effectively.

In the end, whether or not you decide to hire a lawyer to handle your SSDI or SSI claim is up to you. It is a personal decision that only you can make. At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis strives to make the appeals processes go as smoothly as possible for his clients.  He offers a free consultation to individuals that are unable to work due to a disabling condition or a combination of disabling conditions.  If your initial Social Security disability claim has been denied, contact Lawyer Scott Lewis at (317) 423-8888 for your free case evaluation. 

If you are applying for Social Security disability benefits or are appealing a denied Social Security disability benefits claim in Indiana and you are confused by what's going on, you may not be alone.  Indianapolis disability lawyer Scott Lewis talks to potential disability clients on a frequent basis about the complex issues that arise during a disability claim.  There may be words that are difficult to understand or abbreviations that are hard to figure out in the disability process.  If you are suffering from a mental disorder and your psychiatrist or therapist talks about a "GAF" score you may wonder exactly what they are referring to. 

A Global Assessment of Functioning (GAF) score is a number used to rate individuals social, occupational, and psychological functioning.  The numbers range from 0 to 100 and are generally classified in the following way:

• 91 -100 Superior range of functioning in a wide range of activities.
• 81 - 90  Absent of minimal symptoms.
• 71 - 80  If symptoms are present they are transient and expectable reactions to psychosocial stressors.
• 61 -70  Some mild symptoms.
• 51-60  Moderate symptoms.
• 41-50  Serious symptoms.
• 31- 40  Some impairments in reality testing or communication.
• 21 - 30  Behavior is considerably influenced by delusions or hallucinations.
• 11 -20  Some danger of hurting self or others.
• 1 - 10  Persistent danger of hurting self or others.

It is important to note that the above is only a general framework defining GAF scores, and more information can be obtained describing each category in more detail.  Indianapolis Social Security disability attorney Scott Lewis urges his clients to seek the care of a qualified mental health professional to assess your mental impairments.  GAF scores can be used by the Social Security Administration (SSA) in determining the severity of your mental condition.

Mr. Lewis attends numerous Social Security disability appeals hearings in Indiana and, at times, finds a medical expert at the hearing is very interested in knowing how high or low an individual's GAF score is.  If you are suffering from a mental disorder such as depression, bipolar disorder, schizophrenia, anxiety, or any other disabling condition, contact Mr. Lewis for your fee consultation.  Call (317) 423-8888 to discuss your case with Mr. Lewis and his staff.

Did you know that the Social Security Administration (SSA) can look at all of your disabling conditions combined when making a disability determination?  Indiana disability attorney Scott Lewis tries to get his clients to disclose to him all of their conditions that have an impact on their ability to work.  After questioning his clients, many times Mr. Lewis finds that there are several conditions that when combined create a total picture showing his client is in fact disabled.

For instance, you may have had back surgery and are experiencing pain and/or discomfort that may be preventing you from working so; you have filed a Social Security disability claim.  Upon further review of your medical records, Mr. Lewis notices you are also suffering from depression, diabetes, and asthma.  If these other conditions are severe enough, it may be wise to include these conditions in an argument as to why you are unable to work.  While your back may keep you from being able to sit, stand, or walk for any length of time, your depression may make it difficult to concentrate on work related tasks, your diabetes may involve neuropathy causing numbness and tingling in your extremities, and your asthma may cause shortness of breath in certain circumstances.  So, by considering a combination of all of these impairments, it may be clear you are unable to maintain substantial gainful activity. 

Just stating that you have additional problems is probably not going to be good enough to win your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  Medical records from qualified treating medical professionals specializing in the area where your disability exists is usually the best supporting documentation to help prove your disability claim.  At times, general medical practitioners may work to help support your disability claim, but many times an Administrative Law Judge (ALJ) wants to examine records from a specialist in the area of the disabling condition you are claiming is keeping you from working.

Indianapolis Social Security disability attorney Scott D. Lewis and his staff can be reached at (317) 423-8888 to provide a free consultation to those individuals seeking SSDI or SSI benefits.  If you are experiencing a disabling condition that is keeping you from working, call today to speak with Mr. Lewis and his staff.