April 18, 2011

Will I Have To Talk At My Indiana Social Security Disbility Hearing?

Indiana residents waiting on a Social Security appeals hearing may find themselves anxious  and worried about what will happen when they enter the courtroom.  Indianapolis disability attorney Scott Lewis is often asked by his clients whether or not they will have to speak at the hearing.  Mr. Lewis advises his clients that they probably will have to speak at the hearing, but at the same time they should expect to be prepared for what kind of questions they will be asked.

As an Indiana Social Security lawyer, Mr. Lewis believes it is a very important part of his job to prepare his clients for the hearing.  Although no Administrative Law Judge (ALJ) is exactly the same, there is usually a general framework of questions that are asked of each client.  Indianapolis attorney Scott D. Lewis lets his disability clients know they are usually asked personal questions, job related questions, and medical questions.  Mr. Lewis believes your answers are sometimes judged as to whether you are credible.  In other words, are you believable, are you telling the truth, and are you exaggerating how much pain you are in. 

Indiana Administrative Law Judges conduct numerous hearings every year and some can be pretty slick in the way they question you and may even try to trick you into making contradicting statements.  It is important to tell the truth and do not overstate the problems you are experiencing.  If you are honest and realistic about the problems you are experiencing then you will not have to worry about the credibility of the statements you make.  The pain you experience is usually not something a test can measure, so your own opinion of your pain is all an Administrative Law Judge can count on. 

talk.jpgIndianapolis Social Security attorney Scott Lewis believes a good attorney will let his clients know what questions will be asked at an Indiana Social Security hearing.  Mr. Lewis believes a simple yes or no answer is not always the best answer.  When it comes to pain for instance you may want to answer with what the pain feels like, how often you feel it, and if anything relieves the pain.  A simple "yes" I have pain in my back may not be sufficient. 

So will you have to speak at your hearing?  Probably yes, but wouldn't it be easier if you knew the type of questions before the hearing?  Mr. Lewis hopes his conversation with you before the hearing may take away some of the anxiety you may be experiencing.  Your day in court may not be the most pleasurable day you have had, but hopefully it will not be full of surprises.

Indiana disability lawyer Scott Lewis offers a free consultation and can be reached by calling (317) 423-8888.  Mr. Lewis handles a wide variety of claims including autism, spinal problems, heart disease, epilepsy, depression, and diabetes just to name a few.  Indianapolis Social Security disability lawyer Scott Lewis does not charge a fee unless he wins your disability claim.  Call today! 
April 14, 2011

Why Was I Denied Social Security Disability Benefits?

It is not uncommon for an Indiana disability claimant to have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits since majority of disability claims  are denied at the initial application level.  Many SDDI and SSI claimants face the same question after they have been denied benefits by the Social Security Administration (SSA).  Attorney Scott D. Lewis gets calls from disability claimants on a daily basis asking him why they have been denied disability benefits and what should they do next.

Mr. Lewis always directs the claimant to the denial letter that they have received by the SSA.  This letter specifically states the reason for denial.  So, take the time to read the decision the SSA sent to you to figure out exactly why you were denied in the first place.  Once you know why you were denied, you can begin to collect the necessary documentation to appeal this decision.  Some reasons for denial may include:

  • In 2010, you make more than $1,000 per month.  If you exceed this amount, you will immediately be denied disability benefits.
  • Based on the information you provided the SSA when filing your claim, they have determined that your disability will not last or be expected to last a minimum of 12 months.
  • You failed to comply with the SSA's request for information or medical records.  Not complying with this request may ultimately cause you to be denied benefits.
  • The SSA has attempted to locate you and was unable to reach you.

At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis assists disability claimants with appealing their denied claim.  Either him or his staff will often ask his clients to retrieve the denial letter so he can discuss the reasons for denial prior to appealing the claim.  It is important for Mr. Lewis to know the reason for denial in order to properly fight for what the claimant deserves.  If you or someone you know has a disability and you are unable to work due to this disability, contact Social Security disability attorney Scott Lewis for a free evaluation of your claim.  Mr. Lewis and his staff are available at (317) 423-8888 for your free case consultation. 

April 13, 2011

Disability Lawyers In Indiana Can Represent Individuals With Various Disabling Conditions

question mark.jpgSome Indiana disability claimants may wonder if the disabling condition they are experiencing is common or if it is some obscure condition no one has ever heard of.  Indianapolis Social Security disability lawyer Scott D. Lewis has experience with many different disabling conditions.  Due to advances in medical procedures and research, many new types of disabling conditions are found on a regular basis.  Indianapolis disability attorney Scott Lewis strives to keep up to date on new medical impairments and is eager to gain more knowledge to help you win your Indiana Social Security disability claim.

If you have a disabling condition and you are unsure as to whether it will qualify you for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it may be worth your while to contact Mr. Lewis.  The Social Security Administration (SSA) sets forth written guidelines for disabling impairments that are published in "The Listing of Impairments".  This is a detailed description of various disabling conditions and what criteria must be met to establish disability.  It is important to realize that Indiana disability claimants do not have to meet a listing, but can rather equal a listing to establish disability.

So what if the disabling condition you are experiencing is not in The Listing of Impairments?  Do not give up.  While the Listing of Impairments is a fairly comprehensive guideline, it is just that, a guideline.  Many impairments may equal a listing when they are not precisely defined in the guidelines.  Another way to be successful in your Indiana disability appeal is to prove that the medical condition you experience simply prevents you from performing substantial gainful activity.

What does all this mean to you when you are unable to work because of a disability that is fairly unknown?  It may be a good idea to move forward in a diligent manner to prove your claim.  It could be in your best interest to do research on your condition, seek appropriate medical treatment, and consult a Social Security disability attorney or representative to help determine the validity of your Indiana Social Security disability claim.

Many times, Indiana disability attorney Scott D. Lewis finds what a claimant thinks is a rare condition is actually not so rare and many other individuals suffer from the same or similar condition.  If you have questions regarding a disabling condition you can contact Indiana disability lawyer Scott D. Lewis for a free consultation.  Call (317) 423-8888 for your free case evaluation.
April 11, 2011

How Long Will I Have To Wait For My Social Security Disability Hearing?

There is still a tremendous backlog of individuals waiting for an Indiana Social Security disability hearing. Indianapolis disability lawyer Scott Lewis spends much of his day explaining to current and future Social Security disability clients that they are in a long line waiting for their day in front of an Administrative Law Judge (ALJ). Statistically your chances of winning your claim go up when you finally enter a courtroom to present evidence in front of an ALJ, but the Social Security Administration (SSA) is not going to pay your bills during this long wait.

clock.jpgSo exactly how long does it take to get your disability hearing in Indiana?  It depends on a variety of factors.  The Indianapolis Office or Disability Adjudication and Review (ODAR) is currently one of the more lengthy waits if your hearing is in Indiana.  There are other hearing offices throughout the state of Indiana that are quicker to get you your day in court.  Can you pick where you have your hearing?  No, it is assigned a location depending on where you reside. 

Is there any good news on the horizon?  Things MAY be looking up. Indianapolis Social Security disability attorney Scott Lewis has noticed a decrease in the wait time in some cases.  In the recent past,  Mr. Lewis would tell his disability appeals clients the wait was generally running 18 - 24 months from the date they requested a hearing until they would actually see a judge.  Lately, Mr. Lewis has seen individuals receive a Social Security disability hearing in 12 months after requesting a hearing.  

Does this mean your hearing will be within 12 months of the day you requested it?  Probably not.  Many factors determine your hearing date including what Administrative Law Judge you are assigned, whether you have an in person or a video teleconference hearing, and other factors. Indianapolis disability lawyer Scott D. Lewis believes the best thing you can do during this wait is to be prepared.  Continue to see your medical professionals as needed and keep attorneys or representatives like Indiana disability lawyer Scott Lewis informed of your situation.

If you would like a free case evaluation concerning your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim contact Mr. Lewis at (317) 423-8888 today!

April 7, 2011

Can I Get Social Security Disability For Coronary Artery Disease?

Indiana disability attorney Scott Lewis seems to get more and more calls from his Indiana neighbors asking the above question.  This may be due to medical advances being able to diagnose coronary artery disease at an early stage or perhaps simply more individuals are experiencing this cardiovascular impairment.  There are many factors that go into a finding of disabled for coronary artery disease and if you are pursuing an Indiana Social Security disability claim you need to be aware of what documentation you may need to win your disability claim.

Indianapolis disability attorney Scott Lewis has seen many clients denied disability benefits at the initial and reconsideration levels when they have already underwent numerous medical procedures including bypass surgeries, stent placement, and various other procedures.  Some individuals have experienced heart attacks and still find themselves pulling a denial from their mailbox.  Many individuals not familiar with heart problems may be shocked to find a finding of disability is not a sure thing when an individual suffers from this type of impairment.  The truth is, the Social Security Administration (SSA) believes you can recover from these types of cardiovascular impairments and go on to perform substantial gainful activity. 

How can you win an Indiana Social Security disability claim for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits?  One of the keys may be good solid comprehensive medical records.  Statements from your treating physician, preferably a specialist in the cardiovascular area, stating your restrictions and inability to work can be beneficial.  One way to win your Indiana Social Security disability claim is to meet or equal Social Security's Listing of Impairments under Section 4.00 for the Cardiovascular System.  The Listing of Impairments can be very rigid in their guidelines, and many Indiana disability claimants find that they don't precisely meet the standards contained int the listings.  It is important not to give up when you do not meet or equal a listing, but instead concentrate on your physical residual functional capacity or how limited you are by your heart condition.

Indiana disability lawyer Scott D. Lewis
usually concentrates on symptoms histethascope.jpgs clients experience such as extreme fatigue, shortness of breath, chest pain, and the inability to stay on task just to name a few.  Many individuals find they cannot complete a full work day due to this disability and if they do they are simply unable to return to the workplace the next day due to exhaustion and/or pain.  It can be very important to let your treating physician know the serious symptoms you are experiencing in order to win your Social Security disability claim. 

If you are struggling with your Social Security disability claim and would like a free consultation, you can contact Indiana disability lawyer Scott D. Lewis for a free case evaluation.  Mr. Lewis does not only handle cases involving coronary artery disease, but a wide range of disabling conditions including but not limited to bipolar disorder, diabetes, arthritis, cancer, and major depression.  Indianapolis disability attorney Scott Lewis and his staff can be reached by calling (317) 423-8888.
April 4, 2011

Indianapolis Disability Lawyer Scott Lewis Thoughts On Seizures

Social Security disability claimants experiencing seizures often find themselves denied their disability benefits during the claims process.  While most Americans may think a person suffering from seizures would be a sure thing in obtaining Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments, the Social Security Administration many times has a different opinion. 

Indiana residents suffering from seizures due to epilepsy or other causes are usually surprised to find at times it can be difficult to prove their claim is valid.  Seizures can be unpredictable and many times the only medical evidence contained in a Social Security disability claimant's file is self reporting documentation.  Many times, the seizure is over by the time an individual is seen by a medical professional.  Other issues can include the severity and type of seizure the individual has experienced.

handicamp ramp sign.jpgObviously, the intensity and severity of a seizure can vary from person to person.  Some individuals may experience convulsive seizures while others experience non-convulsive seizures.  The Social Security Administration will probably be interested in knowing the duration and the cause of the seizures.  Another major aspect of a disability claim for a seizure disorder is the after effects of a seizure.  Many individuals suffering from a seizure disorder report memory problems, and extreme fatigue following a seizure. The need to recuperate after a seizure for a lengthy period of time may prohibit an individual from maintaining full time employment.

Indiana Social Security disability claimants not complying with taking prescribed medication to reduce or eliminate seizures may also jeopardize their chances of winning their Indiana Social Security disability claim.  In most cases, if medication eliminates the disabling condition you are experiencing then you will be found not disabled by the Social Security Administration.  Indianapolis Social Security lawyer Scott Lewis encourages his clients to adhere to physician's orders and treatments in order to not only get well, but also build a more credible Social Security disability claim.  Acceptable medical testing such as MRI's is usually a very positive aspect of a valid Social Security disability claim.

If you find you are unable to work due to a seizure disorder or any other disabling condition contact Indianapolis disability lawyer Scott D. Lewis for a free case evaluation.  Most questions can be answered over the telephone by calling (317) 423-8888.  Mr. Lewis handles many different conditions including heart disease, carpal tunnel syndrome, diabetes, degenerative disc disease, and other impairments.  Call today and receive your free consultation!

March 29, 2011

I Can't Stand For Very Long, Can I Get Social Security Disability?

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

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

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

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

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

March 28, 2011

What is the Social Security Administration's Medical Listing of Impairments?

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

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

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

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

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

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

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

March 23, 2011

I Have Been Denied Social Security Disability Benefits and I Don't Know What To Do Next!

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

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

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

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

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

March 19, 2011

Your Indiana Social Security Disability Appeal and Cerebral Palsy

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

1335487_check-box.jpgCerebral palsy is recognized by the Social Security Administration (SSA) as a disabling condition if it meets certain criteria.  To start with an Indiana disability claimant may want to turn to the Social Security Administration's "Listing of Impairments".  This publication outlines various disabling conditions the SSA will consider in making a favorable or unfavorable decision when deciding if your condition meets or equals certain standards.  The Social Security Administration evaluates cerebral palsy under section11.00 Neurological Impairments and more specifically 11.07 for cerebral palsy. Examining the criteria needed to qualify for this impairment while at the same time taking a close look at your treating physician's medical records may help you determine if you do indeed meet or equal the criteria needed to be determined disabled. Indiana Social Security disability attorney Scott D. Lewis often sends a list of questions to his Indiana disability claimant's physician(s) in hopes they may complete these forms in such a way it verifies that his client meets the listing making it easier for the Social Security Administration to find you disabled.

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

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

March 10, 2011

Social Security's Electronic Folder and Your Indiana Social Security Disability Claim

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

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

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

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

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

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

March 9, 2011

Where Will My Indiana Social Security Disability Hearing Be Held?

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

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

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

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

March 8, 2011

Child Social Security Disability Benefits and a Few Words From Indinapolis Disbility Lawyer Scott Lewis

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

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

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

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

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

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

263341_school_bus.jpgIndiana Social Security lawyer Scott Lewis finds it very beneficial to have a treating physician with a long standing professional relationship with the disabled child to document and be prepared to verify medical information that the child has marked and severe problems in these areas of functioning to establish disability. If your child ends up at an Administrative law Judge (ALJ) hearing to determine disability, some of the questions the judge may inquire about may be simple questions as to whether your child is doing age appropriate activities, are they in the correct grade at school, are they in learning disabled classes, or if they engage in activities outside of school, and various other questions.  In Indiana disability lawyer Scott Lewis' experience, one of the questions you may ask yourself is how your child is different than other children his/her own age?  

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

March 5, 2011

Indianapolis Social Security Disability Lawyers Like Scott Lewis Offer A Contingent Fee Agreement

If yo208673_wheres_the_money_gone.jpgu are an Indiana disability claimant trying to make ends meet while struggling through the Social Security disability process, chances are you do not have the extra money to pay for up front attorney's fees.  At times, individuals entering the Office of Disability, Adjudication and Review (ODAR) or commonly known as the hearing office make statements that they do not have an attorney with them because they cannot afford an attorney.  These individuals are unaware that Indiana disability lawyers like Scott D. Lewis represent Indiana disability appeal claimants on a contingency basis.

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

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

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

February 26, 2011

The Third Party Function Report and Your Indiana Social Security Disability Benefits

pencil pusher.jpgScott D. Lewis often hears from his Indiana Social Security disability clients and their families that they are confused by the paperwork they receive from the Social Security Administration (SSA).  The forms are usually requesting information in applying for and appealing their Indiana Social Security disability claim.  One of these forms is called the "Function Report - Adult - Third Party".  It is also known as form SSA - 3380 - BK.  Now with that mouthful out, are you afraid to pick up your pen and start the application and appeals process?  Well, Indianapolis disability lawyer Scott Lewis advises his clients and their families to not be intimidated in completing forms required by the Social Security Administration.  Most of these forms Mr. Lewis' office can assist in completing or guide you, family, or friends through in completing the forms if you wish to complete them for yourself.

The Third Party Function Report has various parts and these include:

  • General Information that includes names, relationship to the disabled person, contact information, and other data.
  • Information about daily activities including how a typical day is, whether the disabled person can care for themselves on a personal level, preparation of meals, house & yard work, mobility, shopping, money management, hobbies, and social activities.
  • Information about their physical and mental abilities of the disabled person.
  • Finally, a remarks section.

Indiana disability attorney Scott D. Lewis tells these third parties that complete this form to be as thorough as possible.  It is important to be truthful and remember their is a reason this form is being asked to be completed.  It is to determine if the Indiana disability claimant has a disabling condition that is severe enough to prevent them from securing and maintaining substantial gainful activity.  In other words, if the Social Security Administration believes you are able to do work like activities as in caring for yourself, caring for others, doing your own laundry, cooking for yourself, shopping, and participating in hobbies and social activities there is a greater possibility you can also perform a job and work like activities. 

Many individuals struggling through application and appeal forms, do not know they have a right to representation.  Indiana Social Security disability attorney Scott D. Lewis offers a free consultation and is available for a phone or in person case evaluation.  By calling (317) 423-8888 you can speak with Mr. Lewis and his staff today.  Indianapolis disability lawyer Scott Lewis handles a wide variety of impairments including cancer, stroke, depression, epilepsy, carpal tunnel syndrome, and many other conditions.