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.

February 25, 2011

Indianapolis Social Security Attorneys Completing And Submitting An Appointment of Representative Form To Be Recgnized By The SSA

Some individuals applying for Social Security Disability Insurance (SSDI) and Supplementabooks.jpgl Security Income (SSI) benefits may decide they need representation to help navigate what can be a confusing disability process.  In order for Indiana disability attorney Scott Lewis to represent you in your disability claim and be recognized by the Social Security Administration (SSA), he must have an Appointment of Representative Form (Form SSA 1696) completed and submitted to the SSA.

The Appointment of Representative form is a fairly easy form to complete, but at the same time is a vital piece of paperwork to ensure representation in your Indiana Social Security disability claim.  The main parts of SSA form 1696 include:

  • Claimant information including name and Social Security number.
  • The authorization to appoint the representative which includes the type of claim, release of information, and whether you have more than one representative.  A signature, address, telephone number, and date are also needed by the claimant.
  • The acceptance of appointment is then completed which contains information about the lawyer or representative involved with the claim. 
  • The two final sections concern waiver of the fee and waiver of direct payment.
When Indiana Social Security Lawyer Scott Lewis is hired to represent a disabled claimant, he tries to get this form into the Social Security Administration early so he has access to the disability claimant's information.  Without the submission of the Appointment of Representative form, the Social Security Administration will not release any information or speak with Mr. Lewis about the Indiana disability claimant's appeal.

Many Indiana disability claimants do not know they have a right to be represented in their Social Security disability claim.  Indianapolis disability lawyer Scott D. Lewis offers a free consultation and his fee agreement is contingent on a favorable outcome in your case.  In other words, plain and simple, Mr. Lewis does not get paid unless he wins your disability claim. 

If you are disabled and you are unable to work, call Indianapolis disability attorney Scott Lewis for a free consultation about your disability claim.  Call (317) 423-8888, Mr. Lewis and his staff are eager to discuss your Indiana Social Security claim!
February 20, 2011

A Few Thoughts About Doctors Not Supporting Your Indiana Social Security Disability Appeal

writing.jpgSocial Security disability attorney Scott Lewis has seen doctors that will go to great lengths (usually short of going to your hearing of course) and doctors who refuse to help at all, and everything in between.  So what can you do when your treating physician will not support you in your Indiana Social Security disability appeal? It probably depends on why they will not support you.  There can be a variety of reasons why your doctor won't support your disability claim.  Perhaps you simply do not get along with your doctor, or your doctor does not believe your disability prevents you from working, or finally maybe your doctor says he/she will help you, but will not assist you with your disability claim when push comes to shove.  In Indianapolis disability lawyer Scott Lewis' experience, a cooperative treating physician can have a huge impact on you receiving a favorable outcome in your Social Security disability claim.

So what can you do when your physician is not willing to help you?  It may depend on your health care coverage.  You may be limited on who you can see pursuant to your medical coverage.  It may help you to discuss your concerns with your treating physician.  Indiana disability lawyer Scott Lewis encourages his clients to try and have a good relationship with their doctor(s).  It is important to remember that physicians are people too and have likes and dislikes like all of us, and it makes sense if they like you they may be willing to go that extra mile for you in helping to establish your disability and your inability to hold down a full time job.

Some Indiana disability claimants have the option of switching physicians when they are unhappy with their treating physician.  One of the problems Indianapolis disability attorney Scott Lewis has experienced with claimants switching physicians is the amount of time the claimant is under a new supportive physician's care.  At times, an Administrative Law Judge (ALJ) may put more stock in medical records where a physician has treated you for an extended period of time compared to a physician who has only seen you for a short time. This is not to say you cannot win your Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim with short term relationships with your physicians, but it may be more difficult.

It can be very helpful to let your treating physician know how your disabling condition is affecting you in everyday life. This can include your pain levels, inability to sit, stand, walk, lift, or even concentrate.  Again, a good supportive physician may detail this information in your medical records, while a non supportive physician may elect to not note any of these issues.  When asked, disability lawyer Scott Lewis tells his clients to let their physician(s) know they are attempting to get Social Security disability payments in hopes these supportive treating physicians may know what standards must be met to be qualified for Social Security disability benefits.

The use of medical provider questionnaires and physical/mental residual functional capacity assessments may also help you in your Indiana Social Security disability claim.  If you are lucky enough to have a caring thoughtful physician that will complete these forms completely and accurately it can go a long way in establishing your disabling condition(s).  On the other hand, some physicians simply refuse to complete these forms for whatever reason.  Indianapolis Social Security disability lawyer Scott Lewis attempts to have his clients take these forms into their physician's office in person, so that the direct contact with the disability claimant may make it more difficult for the treating physician to say "no" to completing the forms. 

The preceding information is not intended as legal advice and is only the experience of Mr. Lewis in his practice of Social Security disability law.  Indianapolis disability attorney Scott Lewis handles a wide range of disabling conditions including cancer, emphysema, learning disorders, diabetes, and many other conditions.  If you would like a free consultation regarding your Indiana Social Security disability appeal contact Mr. Lewis at (317) 423-8888 for a free case evaluation today! 

February 18, 2011

Social Security Disability Benefits for Degenerative Disc Disease

In Indianapolis disability attorney Scott Lewis' experience, one of the most common disabling conditions his clients share is problems with their backs and necks. Disabling conditions in this area can include, but are not limited to scoliosis, herniated disc, spinal stenosis, sciatica, spondylolisthesis, arthritis, and degenerative disc disease. These conditions can cause severe chronic pain that may make it unbearable to maintain full or part time employment.

handicamp ramp sign.jpgOne of the most common types of back pain is due to degenerative disc disease.  As we age, it is not uncommon for this condition to occur.  Causes of degenerative disc disease may include outer layer tears in the disc and fluid loss in the disc.  Depending on the location of the disc or discs affected usually dictates where a person feels the pain. 

The Social Security Administration (SSA) recognizes degenerative disc disease in its Listing of Impairments under Listing 1.04 Disorders of the Spine.  It is important for Indiana disability appeals claimants to note that they do not have to meet or equal this listing in order to receive Indiana Social Security Disability Insurance (SSDI) or Supplemental Securit Income (SSI) benefits.  The Social Security Administration may also consider an individual's physical residual functional capacity.  Physical residual functional capacity refers to the limitations you may have considering items such as your inability to stand, sit, walk, and lift causing you to be unable to maintain employment.  The SSA may also consider the pain the claimant experiences when deciding if they are able to maintain employment.

In Indianapolis Social Security disability lawyer Scott Lewis' experience, good medical records are key to winning your Indiana Social Security disability claim.  Imaging tests such as x-rays and magnetic resonance imaging (MRI's) may be critical in winning your disability claim.  It is also important to let your treating physician know the pain you are experiencing.  Detailed progress notes from your treating physician can give the Social Security Administration a better idea of how severe and chronic your pain is.

Indianapolis disability lawyer Scott Lewis understands how severe pain in he claimant's back and neck may prevent him/her from working.  Many times Mr. Lewis finds that a diagnosis of degenerative disc disease carries with it other disabling spinal conditions.  Indiana disability appeals claimants need to know that the Social Security Administration will consider all of your disabling conditions in combination to determine whether you will receive SSDI or SSI benefits.  In other words, if your diagnosis of degenerative disc disease only partially limits your activities, but you also experience depression, anxiety, heart problems, or any other disabling condition, you may be eligible for disability payments based on all of these conditions combined. 

If you have questions about degenerative disc disease of any other disabling condition, contact Indianapolis disability attorney Scott D. Lewis for your free consultation regarding your Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits.  Mr. Lewis offers a free case evaluation by calling (317) 423-8888.  Indiana disability lawyer Scott Lewis is an experienced Social Security disability attorney and is eager to discuss your claim.

February 15, 2011

Social Security Disability Benefits and Completing the Disability Report Appeal

Many forms need to be completed when appealing a denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Indianapolis disability lawyer Scott D. Lewis advises his clients to be as detailed as possible when completing these forms. One of these forms is referred to as the "Disability Report Appeal".

The Disability Report Appeal (also know as form SSA 3441-BK) is filed in combination with forms needed to file a "Request for Reconsideration", "Request for Hearing by Administrative Law Judge", and "Request for Reconsideration Disability Cessation."  It is important that Indiana Social Security disability appeals claimants file the correct forms to ensure there are no unnecessary delays in processing the needed paperwork.

The Disability Report Appeal has various sections concerning:

  • Information on the disabled person; (This includes basic contact information.)
  • Information about the claimant's disabling condition, illness, or injury;
  • Medical record information;
  • Medications the claimant may be taking;
  • Medical tests that have been performed;
  • Job/work information;
  • Information regarding training and education;
  • Support services you may have received; and
  • A final section where the claimant can put information you do not believe was addressed in other sections of the report.
  • papers.jpgIndianapolis Social Security attorney Scott Lewis receives many calls from his clients asking how they should fill this lengthy form out.  Mr. Lewis believes it is important to be as detailed as possible, but also stay focused on the question being asked.  The section(s) involving the Indiana disability claimant's medical treatment can be very important when completing the form. It may be beneficial to take your time keeping in mind there are time constraints when filing a "Request for Reconsideration" or a "Request for Hearing by Administrative Law Judge".
    If you find you are confused by the various forms the Social Security Administration (SSA) is requiring you to complete for your Indiana disability appeal, you should remember you have a right to representation.  At the Indiana Social Security disability law office of Scott D. Lewis, many important questions regarding your Social Security disability claim can be answered.  Indianapolis disability lawyer Scott Lewis handles many disabling conditions including fibromyalgia, degenerative disc disease, diabetes, anxiety, and other conditions.  If you find you are unable to work due to a disabling condition, call for your free case evaluation.  Call (317) 423-8888 and speak to Indiana disability attorney Scott Lewis and his staff today!
February 14, 2011

Indianapolis Disability Attorney Scott Lewis Discusses Absenteeism in the Workplace and Social Security Disability

Indiana Social Security disability attorney Scott D. Lewis has many disability clients who claim that their disability causes them to miss too many days of work to hold down a job.  In Mr. Lewis' experience, Indianapolis disability claimant's who have a mental condition or a physical condition that causes them to be absent from work on a regular basis may be a factor in determining whether they receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. 

When a Social Security disability claimant gets denied SSDI or SSI benefits, the claimant has the right to appeal that decision made by the Social Security Administration (SSA) by requesting a hearing.  Once the disability claimant is in front of an Administrative Law Judge (ALJ), the claimant often sees other individuals in the hearing room.  One of these individuals may be a Vocational Expert.  A Vocational Expert is at the hearing to testify to which jobs the claimant may or may not be able to perform due to their disabling condition(s).  As Attorney Scott Lewis questions his clients regarding their disabling condition(s), he often finds that his Indiana disability clients have difficulty with regular attendance in a work setting.  Many times, disabling conditions such as depression, anxiety disorders, chronic pain, and other disabling conditions can result in an individual's inability to get out of bed every morning and make it to their workplace.  At the hearing, a Vocational Expert (or job expert) may testify that two or more absences per month may result in termination of employment. At times, in Indianapolis Social Security disability lawyer Scott Lewis' experience, in the above line of questioning when the job expert states that no employers will permit this type of absenteeism, it may result in a favorable decision. 

At an Indianapolis Administrative Law Judge appeal hearing, claimants often find the line of questioning that takes place can be confusing.  On more than one occasion, when Scott Lewis exits the courtroom with his disability client, the first thing they ask him is to explain what just happened.  The appeals process and hearing process can be confusing when you have not experienced these processes before.  If you have questions regarding your Indiana disability claim, the Indianapolis Social Security disability application process, or questions regarding your upcoming Indianapolis Social Security disability appeals hearing, contact Indiana disability lawyer Scott Lewis for a free consultation.  At the Law Office of Scott D. Lewis, Attorney Scott Lewis and his staff are ready to assist you with your disability claim.  Contact (317) 423-8888 for your free consultation regarding your SSDI or SSI claim today!

February 11, 2011

Your Indiana Social Security Disability Appeal and Your Ability To Concentrate

Scott D. Lewis is an Indianapolis disability lawyer who fields many calls from Indiana disability claimants stating that they have a very hard time maintaining concentration due to a mental condition.  Many of these conditions can make it impossible for a person to maintain employment because they are simply unable to stay on task and maintain attention in a work setting.  The Social Security Administration (SSA) is required to consider your ability to maintain concentration, persistence, and pace in making a disability determination.

The Social Security Administration usually makes an appointment for those individuals claiming a mental disability to see a physician to establish the limitations experienced by the mental disorder.  A form is completed called a Mental Functional Residual Capacity Assessment.  This form contains various headings including the ability to sustain concentration and persistence.  The individual completing the form is to check the appropriate box indicating the severity of the condition.  In Indianapolis Social Security lawyer Scott Lewis' experience the physician completing this form usually underestimates the severity of the mental condition concerning concentration, persistence, and pace more than any other limitation contained on the form.  So, now you have left the examination and the reviewer believes your limitations are not significantly limited or only moderately limited, what happens next?

Don't give up!  If you believe your Indiana Social Security disability claim is denied because of this and you believe you have a valid claim, you should appeal that decision.  Many times, Indianapolis disability attorney Scott Lewis finds an Administrative Law Judge (ALJ) after hearing your testimony finds that you are indeed unable to stay on task for the required amount of time to maintain employment.  Indiana residents that finally reach their day in an Indianapolis Social Security disability appeals courtroom may find not only the Administrative Law Judge (ALJ), but various experts in the courtroom also believe they are unable to maintain concentration, persistence, and pace to maintain employment.

How can you prove you cannot stay on task long enough to maintain employment?  Good medical records may be the key to a favorable outcome.  An ongoing relationship with your psychiatrist or therapist combined with detailed treatment and progress records may benefit you greatly in the long run.  Indiana Social Security disability claimants may find it beneficial to describe in detail to their health care providers the problems they experience staying on task. 

If you are frustrated with the Social Security disability claims process and need to speak to an attorney, Indianapolis disability lawyer Scott D. Lewis offers a free consultation.  Mr. Lewis has experience handling cases including schizophrenia, bi polar disorder, anxiety, PTSD, and depression, among other conditions.  Contact (317) 423-8888 for your free case evaluation today!

February 7, 2011

Social Security Disability Benefits for Claimants with Depression

Indianapolis Social Security disability lawyer Scott Lewis is an experienced attorney representing Social Security disability claimants.  Many of his Indiana Social Security disability clients suffer mental disorders such as depression.  Often, disability claimants with depression do not have sufficient medical documentation to back up their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Some disability claimants lack health insurance causing insufficient medical documentation.  Mr. Lewis advises his clients to investigate in the low income health programs or programs offered to uninsured individuals located in the Indianapolis area such as Wishard's Health Advantage program.  Some other reasons disability claimants with depression may lack medical documentation supporting their claim is because a claimant may not be seeing doctors because they are ashamed of their disabling condition so they don't seek the medical attention that they need from a mental health professional.  Having a lack of medical history to support your disability claim may ultimately cause you to lose your case. 

Pills 3.JPGThe Social Security Administration (SSA) approves SSDI or SSI claims based on medical evidence, so if you are suffering from depression, it is important to seek out the opinion of a qualified mental health professional such as a psychiatrist or psychologist who will provide documentation to back up your claim.  It may be helpful that these professionals need to identify that:

  1. you are indeed suffering from clinical depression; and
  2. your depression significantly interferes with your ability to work.

If your mental health physician has prescribed you medication to help you with your depressive state, the SSA may frown upon your lack of compliance if you do continue to take your medications.  Medications such as anti-depressants may not enough to prove your case.  A psychiatrist can be most effective in helping you to demonstrate the following to the SSA:

  • The individual is depressed and suffering from a history of mental health issues related to his/her condition.
  • The disability claimant's depression has been such that they have sought treatment from a qualified mental health professional.  The SSA will give most credence to a history of treatment supplied by a psychiatrist (MD) over a psychologist (PhD), so seeing a psychiatrist can carry more weight in the disability claim.  Many times, Indiana Social Security disability claimants are seeing both psychiatrist and a psychologist.  In most cases, this can only enhance your chances of a favorable outcome.
  • The mental health professional can provide detailed medical records documenting to what extent the depression limits the claimants work capacity, as well as past mental health treatment, and the specific nature of your psychiatric problems.

Depression is defined in the Social Security's Listing of Impairments, Section 12.00 Mental Disorders.  In this section, the SSA more specifically defines Affective Disorders such as depression in Section 12.04.  As stated in Section 12.04, affective disorders are characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.

Some characteristics of depressive disorder are:

  • loss of interest in almost all activities or decreased energy
  • change in appetite or change in weight
  • sleep disturbance
  • feelings of guilt, worthlessness or thoughts of suicide
  • difficulty thinking or concentrating

Some characteristics of manic syndrome are:

  • hyperactivity
  • inflated self-esteem
  • pressure of speech
  • easily distracted
  • decrease need for sleep

Indianapolis Attorney Scott D. Lewis often finds his clients experience depression in combination with other disabling conditions.  Whether depression is the primary disabling condition of your claim or simply a contributing factor to your impairment, it continues to be important to provide medical evidence supporting your disability claim.  Therefore, it may be in your best interest to see a psychiatrist if your depression has negatively affected your job performance or has caused you to be unable to work, as you will need the mental health professional(s) help when filing your SSDI or SSI claim.  If you or someone you know is unable to work due to depression or has been denied disability benefits, contact Attorney Scott Lewis for a free evaluation of your claim at (317) 423-8888. 

February 3, 2011

Searching for an Indiana Social Security Disability Attorney

magnify.JPGIndiana Social Security disability attorneys can help disability claimants who are unable to work due to an impairment or a combination of impairments lasting or expecting to last a minimum of twelve (12) months. The Social Security Administration (SSA) determines eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, processes claims, and administers the benefits program. A Social Security disability lawyer or representative may help guide clients through what can be a rather confusing disability claims process and disability appeals process.   Indianapolis disability attorneys may also assist the claimant with resolving any problems that arise with the SSDI or SSI claims and benefits.

You're disabled and unable to work because of this disability and you have applied for Social Security disability benefits, but find out that you have been denied.  You want to appeal this decision made by the SSA, but think that it would be helpful to hire a disability lawyer to represent you in this claim.  Many Indiana Social Security disability applicants are unaware that they have a right to representation in their Social Security disability claim.  Although it is not required to hire a disability attorney, you may find it to be beneficial to have representation for your disability appeal. 

How do I find an Indiana Social Security disability lawyer?  Indianapolis disability claimants may find themselves struggling with where and how they will ever find a disability attorney that may be able to properly represent them in their disability case.  Disability claimants will find that there are multiple ways to find themselves the representation that they desire.  Indianapolis Social Security Disability Attorney Scott D. Lewis advertises his services in a variety of ways to serve Indiana residents, such as:

  • Television Commercials
  • Internet
  • Telephone Book
  • Billboard
  • Referrals

Mr. Lewis's goal is to be accessible to disability claimants when they need it.  Some disability claimants may find it difficult to utilize the internet when searching for a disability lawyer.  For those individuals that utilize the internet, common search terms may include, but are not limited to:

  • Indiana Social Security disability lawyer 
  • Indiana Social Security disability attorney
  • Indianapolis Social Security disability lawyer 
  • Indianapolis Social Security disability attorney
  • Disability Attorney in Indianapolis
  • Disability Lawyer in Indiana
  • Social Security Attorney in Indianapolis
  • Social Security Lawyer in Indiana

Ultimately, it is the disability claimant's decision on who he/she hires to represent them in their disability claim.  Indiana disability claimants should realize the preceding information is only for guidance in obtaining an Indiana Social Security disability lawyer or representative and all claimants should investigate the credentials of a Social Security disability attorney or representative that they are most comfortable with.  To alleviate any questions you may have when hiring Indianapolis disability attorney Scott Lewis, a free consultation is always offered.  Indiana Social Security lawyer Scott Lewis can answer most questions by telephone and can make appointments for in person consultations.  Scott Lewis handles a wide variety of claims, including degenerative disc disease, fibromyalgia, cancer, depression, and arthritis.  If you have any questions, contact (317) 423-8888 for a free consultation today!

February 1, 2011

Anxiety Disorder and Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) Benefits

Are you an Indiana resident unable to work because you are suffering from anxiety disorder?  Anxiety disorders are the most common of emotional disorders.  Anxiety disorder affects more than 20 million Americans each year.  This is approximately one out of nine people suffering from anxiety disorder.   Indianapolis Social Security disability lawyer Scott D. Lewis has numerous disability clients suffering from mental health disorders such as anxiety disorder.  Disability claimants may experience one or several symptoms associated with anxiety such as:

  • uncontrollable obsessive thoughts,
  • overwhelming feelings of panic & fear,
  • recurring nightmares, and
  • painful, intrusive memories.

Physical symptoms of this emotional disorder include, but are not limited to:

  • sweating,
  • increased heart rate,
  • nausea,
  • shaking,
  • muscle tension, and
  • other uncomfortable physical reactions.

Anxiety disorder differs from normal feelings of nervousness, as the symptoms often occur for no apparent reason and do not go away. These alarming reactions can make everyday experiences sources of potential terror. Anxiety disorder can be characterized as one of the following five types:  Generalized Anxiety Disorder, Panic Disorder, Obsessive-Compulsive Disorder (OCD), Social Phobia, and Post-Traumatic Stress Disorder (PTSD).

Generalized Anxiety Disorder is defined by at least six months of a constant state of worry or tension and is not related to a specific event.  A person with Panic Disorder experiences repeated, unprovoked attacks of anxiety or terror lasting up to 10 minutes. Disability claimants with Social Phobias are irrational, involuntary, and overwhelming fears that lead a person to avoid common objects, social events, or situations. Obsessive- Compulsive Disorder (OCD) is characterized by recurrent, persistent, and intrusive impulses or thoughts that the person feels can be controlled by performing repetitive behaviors. Indiana disability claimants with Post-Traumatic Stress Disorder (PTSD) typically experience PTSD because they were a part of or witnessed a traumatic event or a series of events which resulted in severe stress symptoms lasting more than one month.

How does a Social Security disability claimant with an anxiety disorder win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim?  Basically, there are three ways a disability claimant with anxiety disorders can win their claim.

  1. The disability claimant meets the Social Security Administration's (SSA's) "Listing of Impairments," Section 12.00 Mental DisordersThis medical listing includes several categories of mental health conditions, ranging from depression and anxiety to mental retardation and autism. The most common mental health condition seen by the SSA is depression and anxiety.  Refer to Section 12.06 for specific information about anxiety disorder.
  2. Another way a disability claimant may win their disability claim is to prove that their "functual capacity" has been diminished by their mental health condition and the claimant would not be able to perfom any kind of skilled or unskilled job.
  3. Lastly, the disability claimant's mental health condition in combination with other medical impairments causes the claimant to not be able to work.

In Indianapolis disability attorney Scott Lewis' experience, cases involving anxiety can be more easily won with complete medical records from a psychologist, psychiatrist, or other mental health professionals.  Because there are no tests like a MRI for a spinal condition, well documented progress notes from a mental health professional may be the key to a favorable outcome.  Indiana disability lawyer Scott D. Lewis also finds it helpful if a claimant is complying with their medications.  Also, an ongoing course of treatment can make it easier for an Administrative Law Judge (ALJ) to find in the disability claimant's favor.

If you are an Indiana disability claimant suffering with anxiety disorder, and you refuse  to leave your house due to this disorder because you want to avoid situations that may trigger or worsen your anxiety, and if you are unable to work because of this disorder, contact disability attorney Scott D. Lewis for a free consultation.  Indianapolis Attorney Scott Lewis represents disability claimants with mental health disorders such as depression, anxiety, autism, schizophrenia and mental retardation.  Let Attorney Scott Lewis attempt to help you with your disability claim.  Call the Law Office of Attorney Scott D. Lewis immediately for your free consultation at (317) 423-8888.  Mr. Lewis and his staff are eager to discuss your disability claim!

January 28, 2011

Indianapolis Social Security Attorney Scott Lewis Speaks About The Appeals Council

Indiana Social Security appeals lawyer Scott Lewis at times receives telephone calls from Indiana residents after their claim has been denied by an Administrative Law Judge (ALJ) asking what can they do next. Mr. Lewis advises his clients after they find themselves with an unfavorable decision from an ALJ they can appeal that decision to the appeals council. Again, like previous appeals in the process an individual has 60 days plus some mailing time to appeal the unfavorable decision in writing.

When you send your appeal to the appeals council what can happen next?  There are essentially three different paths your appeal can take:

  • The Appeals Council can deny your request.  This type of denial is usually because the Appeals Council believes the Administrative Law Judge (ALJ) made a correct decision.
  • The Appeals Council can decide the case itself.  In Indianapolis disability lawyer Scott Lewis' opinion, this usually happens when the evidence is very clear you are disabled and entitled to Social Security disability benefits.
  • The Appeals Council can remand or return the case to an Administrative Law Judge (ALJ) for further action.  Upon remand the ALJ can do a number of things including, but not limited to,  asking for additional medical documentation to support your claim or decide your case favorable without any further action.

If you are denied once again at The Appeals Council level there may be further relief available.  You may appeal the decision to a federal district court.

Indianapolis residents can find the claims process frustrating and confusing.  Many Indiana Social Security disability claimants do not know they have a right to representation when appealing a denied Social Security disability claim.  Many times, these same Indiana residents are surprised to find out that Mr. Lewis' fee agreement is contingent, meaning there is no fee unless they win their Indiana Social Security disability appeal.

Indiana Social Security attorney Scott Lewis offers a free consultation to discuss your Social Security disability claim.  He understands you may have questions and he attempts to take the time to talk to you about your concerns.  Disability lawyer Scott D. Lewis handles cases including degenerative disc disease, diabetes, depression, emphysema, cancer, and many other conditions.  Call (317) 423-8888 for your free case evaluation today!