Indiana Social Security Disability Lawyer Blog

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!

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. 

The 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. 

Indiana 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!

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 Disorders.  This 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!

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! 

Indianapolis Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants often find themselves being denied their Social Security disability benefits. As these disability claimants fight for what they believe they deserve, they appeal the Social Security Administration's (SSA) denial by requesting the SSA to reconsider their claim. This is called a "request for reconsideration." Often, this request is again denied by the SSA which leads to a second appeal in which a disability claimant will request that their claim be heard in front of an Administrative Law Judge (ALJ). This appeal is called "a request for a hearing in front of an Administrative Law Judge."

Indiana Social Security Disability Lawyer Scott D. Lewis represents disability claimants who have been denied SSDI or SSI benefits.  At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis and his staff understand their client's frustration when it comes to the appeals process and the length of time it takes to get in front of an ALJ.  As Mr. Lewis prepares for his client's disability hearing, he continues to gather medical evidence to support his client's disability claim, prepares a brief for the judge and also discusses with his clients what they can expect at the hearing.  Most of his clients are eager to know how soon after the hearing they will find out if they won their disability claim.

Indianapolis disability attorney Scott Lewis explains to his clients to be prepared to go home from the hearing without knowing if they won their disability claim or not.  In most cases, the judge will give a written decision which may take months.  Written decisions vary in time based on the judge and other factors involved in decision writing.  In some instances, it is very clear that the claim should be granted and in these cases, the ALJ might issue a "bench decision.What is a bench decision?  A bench decision is simply that, a decision made by the judge from his bench.  Bench decisions are always fully favorable decisions and the judge states his reasons for granting the claim at the hearing. Although bench decisions can be rare, they are more efficient for both the judge and the SSA staff.   In addition, a bench decision is beneficial to the disability claimant because the claimant can leave the hearing room knowing that they won their claim and no longer have the stress of wondering if they will once again be denied.  Typically, within a short time after receiving a bench decision, the claimant will receive a short summary from the hearing office indicating that a fully-favorable decision was issued on the day of their hearing and they were approved for SSDI or SSI benefits.

Indianapolis disability attorneys like Scott Lewis are eager to hear an Administrative Law Judge announce a bench decision.  In Social Security disability lawyer Scott Lewis' experience, it can greatly speed up the processing of a favorable decision.  In Mr. Lewis' experience, when a judge issues a bench decision, the evidence of his client's disabling condition is so clear that no further investigation into the claim is needed and warrants a fast conclusion to a lengthy wait.

Have you applied for Social Security disability benefits and have been denied?  At the Indianapolis law office of Scott D. Lewis, Mr. Lewis is an experienced attorney that represents disability claimants throughout the state of Indiana.  He offers a free consultation to Social Security disability claimants and encourages Indiana Social Security claimants to ask questions concerning the appeals process.  Don't hesitate if you are struggling with your claim; call (317) 423-8888 for a free consultation of your disability claim!

Indiana disability lawyers like Scott D. Lewis often get asked this question.  While the Social Security Administration (SSA) does require an individual to reapply for disability benefits in certain circumstances, it may not always be in the best interest of an Indiana disability claimant to reapply for their disability claim.  The below information may help you in determining what steps you should take next.

Have you been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and don't know what to do next?  Indiana Social Security Disability Attorney Scott D. Lewis strives to help individuals answer that question.  During one of Mr. Lewis's free consultations, he will typically ask the disability claimant if they have already applied for disability benefits and if they have been denied.  It's important for him to know where the claimant is in the application process.  If the claimant has been denied at the initial application level, Attorney Lewis' advice will depend on how long ago the claimant received their denial.  The Social Security Administration (SSA) offers the claimant an opportunity to appeal the denial within 60 days of receiving their denial letter and also allows for mailing time.  If the claimant's 60 day period has expired, Mr. Lewis will attempt to explain to the claimant that he/she has missed their opportunity to appeal that decision and must start over by filing another initial application.  This may be the only time Mr. Lewis advises the claimant to reapply.  Be aware that there are also provisions for untimely filings if the SSA accepts your reason for being late.  Generally, if the claimant has been denied at the initial application level and is within that 60 day period, disability attorney Scott Lewis will inform the claimant to appeal the disability denial rather than starting a new disability claim.  Indianapolis disability lawyer Scott Lewis also finds it very important to find out the reason you were initially denied.  Some denial reasons such as "too many resources" or "not meeting the insurance requirements" may not be an appeal that can be easily won or won at all.  After you have been denied, you may want to hire a Social Security disability lawyer to represent you during the appeals process.  Having representation may be helpful in meeting deadlines, obtaining medical records, obtaining statements from your physicians and keeping the appeals process on task.

Is it better for me to appeal my denial rather than reapply for disability benefits?  There are many benefits to appealing your denial rather than reapplying and starting the process over.   Statistically, it is not to the claimant's advantage to continually file a new initial disability claim after their disability claim has been denied.   Because all initial claims and reconsideration appeals are sent to the same state disability agency for medical determinations, these state agencies are bound by the same rules and regulations each time you apply, and the state disability examiner cannot be as flexible as an Administrative Law Judge (ALJ) in making their medical determination. Therefore, if you keep reapplying, you are likely to get denied over and over. In disability lawyer Scott Lewis' experience, filing an appeal versus reapplying can be more productive.  In his opinion, if your initial claim has been denied, your best chance of winning SSDI or SSI benefits can be at a hearing in front of an Administrative Law Judge (ALJ).  

Although, other than not meeting the appeal deadlines set by the SSA, the only other situation that typically warrants a new application is being denied at the hearing level.  However, all Indiana Social Security disability claims have different fact scenarios and disability attorney Scott Lewis recommends you seek legal advice as to how best handle your Social Security disability claim.  Claimants are entitled to appeal a disability hearing denial, and you can do this by requesting a review of the ALJ's decision by the Appeals Council.  Statistically, the Appeals Council does not overturn many ALJ decisions. Generally speaking, the Appeals Council will either refuse to review the request for appeal or send it back to the ALJ for another decision.  In Mr. Lewis' opinion, if you wait for the Appeals Council to make their decision without filing a new disability claim, this can be a disadvantage for the claimant because Appeal Council decisions themselves can take a fairly long time to receive (several months or more than a year).  In some cases, the claimant may find it beneficial to appeal the denial AND file a new claim at the same time. 

If you have been denied Social Security disability benefits, either at the initial application level or the "request for reconsideration" level, contact disability Attorney Scott D. Lewis for a free consultation of your claim at (317) 423-8888.  Mr. Lewis and his staff are eager to discuss your disability claim and help you fight for what you deserve!

Indianapolis Social Security Disability Attorney Scott D. Lewis provides a FREE consultation to Indiana residents seeking disability benefits. During these consultations, he often finds himself explaining the claims process to the disability claimant. Many individuals are concerned with how they can best be prepared for their upcoming Social Security disability hearing. Mr. Lewis always tries to take the time to explain to his clients how they, as the claimant, can be best prepared for their day in front of an Administrative Law Judge (ALJ).

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants who have been denied at the initial level and reconsideration level of the application process must request for a hearing in front of an Administrative Law Judge (ALJ).  many sources indicate, although it is not required, statistically claimants with representation, such as a Social Security disability lawyer or a representative, have a better success rate with winning their disability claim.  Once the claimant obtains his/her disability attorney, it's important that the claimant keep the attorney informed.  At the law office of Scott D. Lewis, Mr. Lewis and his team strive to review the claimant's file to make sure his/her medical records within the file are current.  If the law office contacts you to complete paperwork pertaining to your medical records, it is the claimant's responsibility to complete the appropriate paperwork immediately and return it to the law office.  If the claimant does not complete the paperwork in a timely manner, it may delay medical evidence being submitted to the claimant's record.  Medical evidence is translated by your disability attorney to determine your work limitations, and at times medical professionals list these limitations in the medical records.  It is important that while in the waiting period that claimants should continue to see their medical physicians.  When visiting the doctor(s), report your symptoms and limitations that would make it difficult for you to work. Without exaggerating, be consistent and descriptive when describing your limitations to your physician.  Indianapolis disability attorney Scott Lewis prepares the theory of disability for his client's case.  This theory is why the claimant is unable to work due to their disability.  The claimant should be able to tell disability attorney Scott Lewis in their own words why they are unable to work.  Disability lawyer Scott Lewis believes that no one knows their disability better than the claimant themself. 

Although the attorney will help the claimant give the judge specific information about their disabling condition, the claimant's testimony in the hearing room should be very descriptive.  For example, the claimant may reply to a question with "I can't walk very far" or "I experience pain," but testimony such as "I can only stand for 20 minutes at a time every 2 hours" or "I have sharp pains shooting down my lower back that last for 30 minutes at a time and cause me to have to lay down for an hour" gives the judge a more specific vocational limitation.

Prior to the claimant's scheduled hearing, Indianapolis Social Security Attorney Lewis contacts his clients to discuss the facts in their disability claim and discusses the processes involved in the hearing.  The claimant should discuss any questions that he/she may have during this time.  It's important that the claimant fully understands the hearing process and it's Scott's goal to clearly explain that process to all of his clients.  In most cases, Mr. Lewis will meet with his client immediately prior to the hearing time for any last minute questions or concerns.  Mr. Lewis encourages his disability clients to always be completely honest with him and display complete honesty in the hearing room.

Indiana Social Security Lawyer Scott Lewis represents claimants with a variety of disabling conditions such as back problems, diabetes, heart conditions, depression, & mental disorders. If you or someone you know has become disabled, it's not too early to contact the law office of Scott D. Lewis, Attorney at Law, LLC for a free consultation.  At our law office, we handle disability claims immediately when a qualifying claimant is initially denied.  So, don't hesitate to contact (317) 423-8888 for your free consultation!

• A concise explanation of how the claimant meets or equals the criteria for disability.
• Citations to medical records of importance and citations to Medical Provider Questionnaires and Physical/Mental Functional Residual Capacity Assessments if they are contained in the file.
• The brief can help the attorney or representative prepare for the hearing and make him/her aware of positive and/or negative aspects of the claim.
• Some Administrative Law Judges ask for a brief to be submitted.
• Set the attorney/representative apart from those individuals who do not submit a brief.
• Make it easier for the Administrative Law Judge (ALJ) to render a favorable decision  There are usually numerous medical documents in a claimant's file; therefore,  Indiana disability lawyer Scott Lewis believes it makes sense to point the Judge in the correct direction and hope he/she agrees with your summary of the case.

The above are just a few reasons a hearing brief may be beneficial in being awarded Social Security disability benefits.  It should be noted all Administrative Law Judges handle Social Security cases differently and the submission of a hearing brief may not have an impact on your Indiana Social Security disability claim.  It has been the experience of Indianapolis Social Security disability attorney Scott D. Lewis that a well written brief can help him in the formulation of a well thought out consistent theory of your Social Security disability claim.  Indianapolis disability attorney Scott Lewis on many occasions has had an Administrative Law Judge (ALJ) thank him for enclosing a hearing brief in the exhibit list.

If you have been struggling with your Indiana Social Security disability appeal and would like to talk to an attorney, call Attorney Scott D. Lewis for your free case evaluation.  Indianapolis disability appeal lawyer Scott Lewis can answer many questions over the telephone by calling (317) 423-8888.  You have a right to Social Security disability representation!

You want to work and you know even with Social Security disability benefits you are going to struggle to make ends meet.  Even with all of the extreme pain you are experiencing, you finally find a job and drag yourself to it just to find out there is no way you can work.  You realize you cannot make it through a full day of work, and even if you do, you find yourself out of work for two days because of the pain you are in from forcing yourself to work.  Indianapolis disability lawyer Scott Lewis has heard the above scenario on numerous occasions.  If this has happened to you or a loved one this might be considered by the Social Security Administration as an "unsuccessful work attempt" or UWA. 

What is an Unsuccessful Work Attempt (UWA)?  This is where a person attempts to do substantial work, but stops or reduces the work to below Substantial Gainful Activity (SGA) levels after six months or less because of a disabling condition or because of removal of special conditions related to the disabling condition.

Other issues concerning an Unsuccessful Work Attempt that may have an impact can include whether you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), trial work periods, and extended periods of eligibility.  More information concerning these topics and other useful topics can be found in the Social Security Administration's publication "The Red Book".

The good news is you do not have to tackle unanswered questions alone. Indianapolis Social Security attorney Scott D. Lewis strives to answer many questions concerning eligibility for Indiana Social Security disability benefits.  Indiana disability lawyer Scott D. Lewis talks to potential clients about claims involving bipolar disorder, scoliosis, stroke, epilepsy, depression, and many other severe impairments.  Mr. Lewis and his staff are eager to discuss your Indiana Social Security disability claim.  Call (317) 423-8888 for a free consultation to discuss your claim.

Maybe you are getting tired of waiting for your Indiana Social Security disability appeal hearing and now you are wondering if there is some way to get in front of a Judge quicker.  You may now find this long wait to have your disability claim heard has put you and your family in financial turmoil and cannot believe it is taking this long to enter an Indiana Social Security disability courtroom.  Indianapolis Social Security lawyer Scott Lewis fields many calls asking this very question, and he lets these Indiana residents know there are ways to get there faster, but the criteria to do so may not sound very appealing. 

There are circumstances where the Social Security Administration (SSA) will at times move you up in the waiting process and these situations are  considered "dire circumstances".  These critical cases include:

• Military service casualty cases
• Compassionate allowance cases
• The claimant is homicidal or suicidal
• The claimant has a terminal illness
• Shelter, food, or medicine is unavailable and the claimant is unable to obtain it

The aforementioned criteria to establish an Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim as "dire need" is only a framework to go by, the facts in each individual case vary and can effect a case differently.  Indianapolis disability lawyer Scott Lewis can discuss your particular case in more detail.  If a claim is determined to be dire need, a hearing office should take immediate action to expedite the Social Security disability claim.

Unfortunately, with the current hearing backlog many Indiana Social Security disability claimants find themselves not fitting into a dire need circumstance, but struggling to make it to their hearing date.  If you have questions concerning Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits contact Scott D. Lewis for a free consultation.  Indiana disability attorney Scott Lewis handles a wide variety of disability claims including degenerative disc disease, arthritis, diabetes, depression, and autism among other conditions.  Call (317) 423-8888 for your free case evaluation today!

Indiana residents may not all agree getting older is a good thing.  Lets face it, as we age it seems to be a bit harder to bounce back from physical problems we encounter.  As we age, we may also find it more difficult to find employment.  Believe it or not, the Social Security Administration (SSA) believes it may be more difficult for older individuals to find suitable employment.  Now, don't be misled that the Social Security Administration (SSA) doesn't look at various other factors when determining if your disability prevents you from working, but age is one very important factor they examine.

Age is just one of the factors considered in what is known as "the grid".  This is a table composed of various factors to help the SSA determine if your disability meets the requirements necessary to "grid out", or be granted Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Other factors include education, the skill level of past employment, and whether you are able to do sedentary, light, medium, or heavy work.  The age criteria is broken down into four categories:

• 18 - 44 years old considered young individuals
• 45 - 49 years old considered younger individuals
• 50 -54  years old considered approaching advanced age
• 55 years of age and older considered advanced age

While all of the above may seem difficult to understand, the simple truth is that those individuals over 50 years of age usually benefit from the grid scenario much more than those individuals younger than 50 years of age. Those individuals over 50 years of age with unskilled work experience that is not transferable combined with a limitation of sedentary work often find themselves on the favorable end of a Social Security disability decision.  With that being said, your disabling condition is still an issue and all disability cases can have different facts.

Whether you are a young or an older individual, you can still win your disability claim if your disabling condition is severe enough to prevent you from working.  Indianapolis Social Security Attorney Scott D. Lewis encourages you not to rely on the above information to determine if you will receive Social Security disability benefits.  Mr. Lewis provides a free consultation by calling (317) 423-8888.  Get your free case evaluation by calling Indianapolis Social Security Attorney Scott Lewis today! 

Recent reports indicate a rise in the amount of individuals filing for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. This could be due to many factors including the rise in unemployment and even the ease of applying for disability benefits online may be a culprit. Whatever the reason, Indiana Social Security disability claimants are not immune to the ramifications of a rising number of disability applications. Indianapolis Social Security Lawyer Scott Lewis fears this rise may result in even longer processing times of applications and create an even more burdensome backlog of individuals waiting on an Indiana Social Security disability hearing.

Sources show that Social Security disability applications have increased by 21 percent recently and in Indianapolis Disability Attorney Scott Lewis' experience Indiana has been no exception. Mr. Lewis has noticed an increase in the amount of interest shown in individuals asking if they may qualify for Social Security disability benefits.  While the requirements of being entitled to Indiana Social Security benefits may appear straightforward, there are many variables that can enter into the equation.  For instance, many of these Indiana residents applying for Social Security disability benefits are receiving unemployment benefits.  While this should not be an absolute bar to receiving Social Security disability benefits, some Administrative Law Judges look on the payments of unemployment as a factor in turning down an otherwise valid Social Security disability claim.

What does all of this mean to a disabled Indiana resident?  It may mean a longer waiting period for your claim to be processed.  It should not discourage you or a family member from applying for Social Security disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits.  Just because there are more people applying for disability benefits does not mean they are more difficult to obtain.  As always, good medical records may be your key to unlocking a favorable outcome regarding your Indiana Social Security disability payments. 

Should you wait to file your Indiana Social Security disability claim?  Disability attorney Scott Lewis believes it is important to file as soon as you find yourself unable to work.  Let the Social Security Administration decide whether you have met the requirements for receiving Social Security disability benefits.  If they determine you are not eligible, you can consult an attorney or representative to decide if you want to appeal that decision.  Many times, Indianapolis Social Security lawyer Scott Lewis finds there are valid grounds on which to appeal an unfavorable decision.

If you find you are frustrated by the disability process, Mr. Lewis provides a free case evaluation.  Indianapolis disability lawyer Scott Lewis handles a wide range of disabling conditions including carpal tunnel syndrome, irritable bowel syndrome, autism, degenerative disc disease, depression, and other impairments.  Call (317) 423-8888 for you free consultation.

Indianapolis Social Security lawyer Scott D. Lewis usually advises his clients to apply for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits when filing their initial application.  Mr. Lewis believes it is important to apply for both programs because if you are not eligible for one program the other program may be right for you.  Indiana disability claimants should be aware; however, the criteria is different for the two programs.  The Supplemental Security Income (SSI) program will look at an individual's resources to determine if they qualify financially and how much their monthly benefit might be.

Why does the Supplemental Security Income (SSI) program care about your resources?  Resources are just one of the factors to figure out whether you are eligible for the benefits.  Indiana disability claimants need to know there is a limit for countable resources.  At the current time it is $2,000 for an individual and is $3,000 for a couple.  Indianapolis Social Security Attorney Scott Lewis lets his clients know they will be asked various questions about their resources by the Indiana Social Security Administration (SSA).

What does the Social Security Administration (SSA) consider resources?  This is not limited to, but can include things like:

• life insurance
• land
• personal property
• cash
• items that can be changed to cash for food and shelter
• vehicles

There is also something called "deemed" resources. This can be some of the resources of a spouse, parent's spouse, and parent, just to name a few.

If you find you have not worked long enough to be awarded Social Security Disability Insurance (SSDI) benefits, then the Supplemental Security Income (SSI) program may be the right fit for you.  If you have questions concerning your Indiana Social Security benefits call Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  You can protect your rights by hiring a qualified Indiana Social Security lawyer.  Attorney Scott Lewis handles a wide range of disabling conditions such as stroke, heart disease, schizophrenia, diabetes, carpal tunnel syndrome, and many other conditions.  Call (317) 423-8888 for your free consultation!

Indiana disability lawyer Scott Lewis finds on occasion his clients have a diagnosis without appropriate medical testing to back it up. At times, an Administrative Law Judge (ALJ) will look through your medical record and remark that while it has volumes of records it is lacking appropriate medical testing. To put it in its simplest terms, you may complain of a broken leg, but without an X-ray you may have a difficult time convincing anyone there is actually a fracture.  Some common tests Indiana Social Security attorney Scott D. Lewis finds absent in a disability claimant's medical file can include but are not limited to those claiming:

• Fibromyalgia With this diagnosis, Mr. Lewis has found Administrative Law Judge's often have a hard time getting their hands around this condition without appropriate testing.  Because currently there is no X-ray or lab testing for the diagnosis of Fibromiyalgia, many times tender points throughout the body are used to determine a diagnosis of Fibromyalgia.  A diagnosis of Fibromyalgia may be made when a patient is positive in 11 of 18 of these tender points.  Does this mean you will qualify for Indiana Social Security disability benefits?  Not always, as some Administrative Law Judges are still skeptical as to this diagnosis.
• Various Breathing Disorders  Pulmonary functioning tests may be beneficial to a claim for a breathing disorder.  A few of these tests can include spirometry and methocholine challenge.  If you suffer from COPD, emphysema, asthma, or any other pulmonary condition you should consult your physician for appropriate testing.
• Impairments of the Spine  Those Indiana Social Security disability claimants finding they are experiencing a disabling condition due to neck and/or back problems should seek appropriate medical testing such as an MRI.  In Indiana Social Security attorney Scott Lewis' experience, a MRI can be crucial in obtaining a favorable outcome with the Social Security Administration (SSA).

The above testing procedures and various diagnosis are only examples and your medical condition may require different testing.  You should consult your physician(s) to determine what tests are appropriate for you. There are many other medical conditions that require testing and the above are only examples.  Indianapolis Social Security lawyer Scott D. Lewis provides a free consultation regarding Indiana Social Security disability claims.  If you find you are frustrated in your attempt to obtain Social Security benefits, call (317) 423-8888 for a free case evaluation.