Indiana Social Security Disability Lawyer Blog

If you left an Indianapolis Social Security Disability Appeals courtroom and heard the words "physical residual functional capacity" and didn't understand what they were talking about, you may not be alone.  Indiana Social Security disability attorney Scott Lewis can see why someone not familiar with the Social Security appeals process may not know why these terms are being used.  While the disability process may be confusing, at times it can also be predictable and some of the terms used at your hearing are usually used over and over at hearings to analyze disability claims.

In cases where you are claiming a physical disability, the Social Security Administration (SSA) usually tries to determine your residual functional capacity (RFC).  Your RFC in general terms is how much you can physically do despite the disabling condition you are experiencing.  Once it is determined what you RFC is the SSA will try to determine if you can return to your previous employment with the limitations you experience or if you cannot whether there are other occupations that exist in the economy that you can perform.

Some of the things the Social Security Administration will look at when examining your RFC may include:

• How long you can sit, stand, and walk.
• How much you can lift and carry.
• Do you have postural limitations such as bending, squatting, or stooping?
• Do you have limitations on fine or gross manipulation with your hands?

Indianapolis Social Security disability attorney Scott Lewis may attempt to get a RFC assessment completed by his client's treating physician if necessary.  A favorable RFC by a treating physician may or may not be given weight by an Administrative Law Judge.  Mr. Lewis has found some treating physicians will not complete these forms and leave their patients on their own when trying to receive disability benefits.  If you are able to foster a good patient doctor relationship it may enhance your ability to get your physician to fill out forms that can enhance your chances of winning your Social Security disability claim. 

Scott Lewis is an experienced Indiana Social Security disability attorney and represents clients with a wide variety of disabling conditions.  If you or someone yo know is struggling with their Social Security disability claim contact Mr. Lewis and his staff for your free case evaluation.  Contact the law office Scott Lewis today by calling (317) 423-8888.

Indianapolis Social Security disability attorney Scott D. Lewis is an experienced disability lawyer who represents individuals with their Social Security disability appeal. Some common questions an individual who is seeking disability benefits have are:

1. "Do I really have to hire a lawyer to represent me in my Social Security disability claim?"
2. "Should I hire an attorney to handle my Social Security disability claim?"
3. "Will it benefit me to have representation at my Social Security disability hearing?"
4. "If I hire an attorney, will I be able to get my disability hearing faster?"
5. "How will I be able to afford to pay an attorney to represent me with my disability appeal?"

If you have been recently denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you probably just read the above questions and thought to yourself that you have been thinking about these exact same concerns.  Here are the answers you have been looking for!

Do you really have to hire a lawyer to represent you in your Social Security disability claim?  Quite simply, no.  SSDI or SSI claimants are not required to have a Social Security disability attorney or representative represent them in their disability appeal.  Having representation is a client's right.  If you attend your SSDI or SSI hearing alone, most Administrative Law Judges will ask the claimant if they would like to continue their claim so they can seek representation.  Again, this is a right, not a requirement.

Should you hire an attorney or representative to handle your Social Security disability claim?  This is a personal preference.  Some individuals decide that they would like to handle their claim on their own.  Although, statistically, more disability claims are won among individuals that are represented by an attorney or representative than those individuals that are not represented at their Administrative Law Judge (ALJ) hearing.  In fact, some ALJ's will send the claimant away from their hearing to get representation before proceeding. 

Will it benefit a claimant to have representation at their Social Security disability hearing?  Hiring a skilled Social Security disability attorney or representative has many benefits.  An experienced Social Security disability attorney like Scott D. Lewis, can assist the claimant with filing their appeals in a timely manner.  In addition, the knowledge that a Social Security disability attorney regarding the disability appeals process, can greatly benefit the claimant.  Many clients are not familiar with the medical evidence that might be needed to support the claimant's disability claim, but a disability attorney is familiar with the Social Security Adminsitration's criteria that defines disability. 

If you hire an attorney, will you be able to get your disability hearing faster?  Absolutely not!  Most claims are processed exactly the same regardless if you hire an attorney or not.  Please don't think that your attorney is able to speed up the disability process.  Unfortunately, his/her arms are tied until the SSA assigns a hearing date for the claim.  If you find yourself in dire circumstances, contact your attorney right away.

How will you be able to afford to pay an attorney to represent you in your disability appeal?  So, you are unemployed and you have no income, but you are worried about how you can afford to pay an attorney to represent you in your disability claim.  No need to worry, most Social Security attorneys are paid the same way as Scott D. Lewis.  Mr. Lewis is only paid if he wins your claim.  If your claim is denied, Mr. Lewis will charge you nothing.  To find out more, please contact the law office of Scott D. Lewis, Attorney at Law, LLC for more details.

Indianapolis Social Security Attorney Scott Lewis offers a FREE consulation to disabled individuals trying to fight for disability benefits.  For your free case evaluation, contact Mr. Lewis or his staff at (317) 423-8888.

Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) applicants suffering from schizophrenia may qualify for disability benefits. Schizophrenia is a psychological disorder that usually manifest in early adulthood.  Often times, schizophrenia is mistaken for multiple personality disorder. Schizophrenia is a much different psychological diagnosis than multiple personality disorder. Schizophrenia is a thought disorder rather than a disorder that manifest in creating multiple personalities. Even though schizophrenia symptoms vary from person to person, the most common symptoms may include:

• Confused speech
• Strange or disorganized behavior
• Delusions
• Hallucinations
• Motivational loss and/or loss of interest in daily activities
• Difficulties in maintaining social functioning

In addition, many individuals who suffer from schizophrenia may experience a loss of cognitive function resulting in a loss of memory and skills required to work. Some individuals may have worked for years before being diagnosed with this disease.  When an individual diagnosed with schizophrenia is no longer able to sustain employment, he/she may qualify for SSDI or SSI benefits.   Under the Social Security Administration's "Listing of Impairments", Section 12.00 Mental Disorders, the SSA describes the criteria used to qualify an individual who suffers with schizophrenia for disability benefits.  Refer to Section 12.03 for more specific evaluation criteria supplied by the SSA.  Meeting this listing may qualify an individual for receiving disability benefits that they may deserve.  It is important and necessary for disability claimant's suffering from schizophrenia to have medical documentation proving and supporting their disability claim.  Proving a history of this disorder may be key in receiving disability benefits. 

If you or your loved one suffers from a mental disorder such as schizophrenia, anxiety disorder, bipolar disease or any other impairment and would like to learn more about receiving Social Security disability benefits, please contact disability attorney Scott D. Lewis. The law office of Scott D. Lewis handles disability benefits claims and you can receive your free consultation by calling (317) 423-8888 today.

Many individuals suffering from chronic migraine headaches find it difficult, if not impossible, to work and perform gainful activity.  Indiana Social Security disability attorney Scott Lewis finds that many of his clients suffering from chronic migraine headaches have similar complaints.  These complaints can include, but are not limited to:

• The inability to focus or concentrate
• Sensitivity to light and sound
• Extreme pain
• Nausea
• Problems with vision
• Chills
• Fatigue
• Loss of appetite

The Social Security Administration (SSA) can look at the symptoms you are experiencing due to severe migraine headaches in order to decide what limitations you may experience in the work setting.  If it is determined these limitations are severe enough to prevent you from performing a full day of work on a continuous basis you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. 

Medical records can be the key to winning your Indiana Social Security disability claim.  In disability attorney Scott Lewis' experience records from a treating neurologist may greatly enhance your chances of winning your disability claim.  Appropriate testing and imaging combined with a good medical history documenting the severity of your migraine headaches may help your support the fact your are unable to work.

If you have questions concerning your Social Security disability claim, you can contact Mr. Lewis by calling (317) 423-8888.  Mr. Lewis handles a wide variety of disabling conditions including migraine headaches, diabetes, depression, heart problems, and learning disabilities just to name a few.  Call now and receive your FREE case evaluation.

Indianapolis Social Security disability lawyer Scott Lewis talks to numerous clients about their mental condition(s) and finds that some of his clients may not be receiving the type of medical care they need in order to win their Social security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  Unfortunately, the Social Security Administration (SSA) does not put as much weight in all of the physicians you may be seeing because your medical professional may not specialize in a particular area.

Mr. Lewis attempts to let all of his clients suffering from a mental condition that is preventing them from working to attempt to get appropriate medical treatment and that may be from a psychiatrist, psychologist, or therapist.  In Mr. Lewis' experience a professional in the mental health field is usually more qualified to render a diagnosis that the Social Security Administration will recognize as legitimate when you are trying to get your benefits approved.  While your general practitioner may have a long history with you and may be very knowledgeable about your personal history, he/she may not possess the credentials needed to diagnose you with a mental disorder in the eyes of the Social Security Administration. 

It may be as simple as asking for a referral from your treating physician to get to a treating source the Social Security Administration will put stock in.  In Mr. Lewis' experience many Administrative Law Judges like to see an ongoing therapist patient relationship documenting the progression of the mental illness.  There is usually no substitute for good medical records when stepping into the court room to address your Social Security disability appeal. 

Indiana disability attorney Scott Lewis represents his Indiana neighbors with a wide variety of disabling conditions including schizophrenia, depression, anxiety, PTSD, and bipolar disorder.  If you or someone you know is struggling with the Social Security disability appeals process or simply has questions concerning the process contact Mr. Lewis and his staff today for a free case evaluation.  Mr. Lewis can be reached by calling (317) 423-8888.

When you leave your Social Security disability appeal hearing you may scratch your head and wonder what exactly just happened.  Indianapolis Social Security disability lawyer Scott Lewis, at times, can give his clients a pretty good idea of what just transpired in the hearing room.  Mr. Lewis represents hundreds of Indiana Social Security disability claimants each year and has found there can be some signs during a Social Security disability hearing that may indicate an Administrative Law Judge (ALJ) is leaning one way or another regarding the decision in your appeal.  There are a few factors that may help determine what the outcome will be.

Who was your Administrative Law Judge (ALJ)?  Administrative Law Judge approval percentages on Social Security disability claims can be all over the board.  Some Judges may approve a very small number of claims, while other Judges may approve a large percentage of the claims they preside over.  Indiana Social Security lawyer Scott Lewis has represented his Indiana neighbors in front of all of the current Administrative Law Judges in the Indianapolis ODAR office and usually has a pretty good idea how often they find individuals disabled.  Also, there are statistics put out by the Social Security Administration (SSA) showing the approval rates for Administrative Law Judges. 

What did the Medical Expert (ME) testify to at your hearing?  Medical experts are sometimes used at Social Security disability hearings.  These experts are supposed to analyze the medical records in your Social Security disability file to determine what your medical condition is, whether or not you meet one of Social Security's Listing of Impairments, and what your limitations may be related to your mental or physical condition.  Some Administrative Law Judges do not use medical experts, but if they do, at times they can rely heavily on their testimony.  It is important to remember even if there is a medical expert at your hearing the Administrative Law Judge does not have to agree with the expert and may make an independent judgment regardless of the testimony of the medical expert.

What did the Vocational Expert (VE) say about  jobs you could perform?  If there is a vocational or "job" expert at your hearing, which in Mr. Lewis' experience there usually is, you may hear testimony about what your past jobs entailed and whether or not you can perform other types of employment.  A Job experts testimony is usually taken toward the end of your hearing and they are generally asked based on certain restrictions and limitations you suffer from due to your disabling condition(s) whether you can perform your past work or any other work.  The vocational expert's testimony can be important at your disability hearing because the primary question in adult disability hearings is whether or not you can work.

Taking into consideration all of the above mentioned factors, Mr. Lewis usually tries to give his Indiana Social Security disability clients a good idea of which way the outcome is headed.  It is important to remember though that no matter what has transpired before, during, or after your hearing finding a favorable decision in you mailbox may be the only sure way to know you have won your claim..  If you have questions regarding your Indiana Social Security disability claim or are confused and frustrated with the process you can contact Mr. Lewis and his staff for a free case evaluation.  Contact Mr. Lewis at (317) 423-8888 today for your free consultation! 

An individual suffering from Chronic Fatigue Syndrome (CFS) experiences extreme fatigue.  This fatigue cannot be explained by any underlying medical condition. Although the fatigue may worsen with physical or mental activity, it does not always improve with rest. Individuals suffering with CFS do not know the cause of this disorder and there is no single test to diagnosis an individual with CFS.  Indiana disability claimants diagnosed with CFS may undergo several medical exams to rule out other health problems that have symptoms that are similar resulting in a diagnosis of CFS.  

Many disability claimants suffering with CFS may find it difficult to prove that they are unable to work due to this condition.  So, how does the Social Security Administration (SSA) approve a Social Security disability claim for individuals suffering with CFS?  According to the SSA's website, when an individual with CFS applies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the SSA must decide whether the individual is disabled under the law. The SSA base their decision on information provided by the claimant and other medical evidence. Under Social Security law, an individual may qualify for SSDI or SSI benefits if he or she is:

1. unable to do any substantial gainful activity (SGA) because of a medical condition that has lasted or expected to last for at least 12 months, or that is expected to result in death; or
2. if the individual is under the age or 18, the individual suffers from any medically determinable impairment (physical or mental) that results in marked and severe functional limitations.

The disability claimant has a responsibility to provide the SSA proof that the condition exist, the level of severity, and duration of the impairment(s).   It is important to include a thorough medical history, and all clinical and laboratory findings from your treating physicians. In addition, provide the SSA with copies of laboratory results and results of any mental status examinations.

Providing the SSA with all clinical records and detailed historical notes discussing the course of the disorder, including treatment and response, are very useful for the SSA since they are interested in the impact of the illness over a period of time.

Having your medical provider's support may be key in winning your SSDI or SSI claim.  Some disability claimants may find it helpful to include a physician's statement about what work-related restrictions the person may not be able to perform due to their condition. Examples of work-related physical functions may include walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, and handling.  Some mental work-related functions may include understanding, remember, carry out simple instructions, the ability to use appropriate judgment, and the ability to respond appropriately to supervision, co-workers, and usual work situations, including changes in a routine work setting.

As stated above, because there is no specific test diagnosing an individual with CFS, it is extremely important to have medical history and physician support with your disability claim.  Indianapolis Attorney Scott D. Lewis has experience with representing individuals with Chronic Fatigue Syndrome, and other unexplained disorders such as fibromyalgia.  Don't give up on your disability claim.  Call for a free consultation at (317) 423-8888.  Social Security disability lawyer Scott Lewis looks forward to discussing your disability claim!