Indiana Social Security Disability Lawyer Blog

Autism is recognized by the Social Security Administration (SSA) as a disabling condition. Autism is a neurodevelopment disorder that affects social interaction and communication skills. Some symptoms of autism include, but are not limited to, repetitive or restricted behavior or lack of communication. The majority of Attorney Scott Lewis' disability clients attempting to receive disability benefits for autism have been children. While most of these clients are children, adults with autism may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. Indiana disability claimants facing this impairment may be entitled to disability benefits.

Found in the SSA's Listing of impairments, Section 12.10, Autistic Disorder and Other Pervasive Developmental Disorders (in both the adult and childhood listings) are the criteria required by the SSA for meeting the requirements for people with autism. There are several different types of autism including, but not limited to, Classic Autism and Aspergers Syndrome.  According to the SSA, the required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A.  Medically documented findings of the following: 

All of the following for autistic disorder: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; and markedly restricted repertoire of activities and interests;

OR

Both of the following for other pervasive developmental disorders: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity;

AND

B.  Resulting in at least two of the following: Marked restriction of activities of daily living; or marked difficulties in maintaining social functioning; or marked difficulties in maintaining concentration, persistence, or pace; or repeated episodes of decompensation, each of extended duration.

Many of the types of autism that Attorney Scott Lewis observes are Classic Autism, Aspergers Syndrome, Childhood Intergrative Disorder, Rett Sydrome, and Pervasive Development Disorder.  In Scott D. Lewis' Social Security disability law practice, he sees a wide variety of symptoms associated with autism. Many times these individuals have difficulty with communication and interacting with the society as a whole. The range and severity of symptoms seem to vary greatly. In his experience, some of these disability claimant's autism cannot be detected in superficial contact with the public. Upon closer observation, the impairment is quite clear. Many of these younger individuals will never be able to live independently and will most likely be unable to perform substantial gainful activity.

While much research is being done on the cause and prevention of autism, the truth remains it is an increasing diagnosis of disability.  If you or someone you know has been diagnosed with autism and believes Social Security disability might be an option, contact Indianapolis Social Security Disability Attorney Scott Lewis today for a free consultation at (317) 423-8888.

It may be a painful reality that the Indiana Social Security disability claims process is a long drawn out process. In some cases, disability claimants are faced with some unfortunate situations while they are waiting the 18-24 months to be in front of an Administrative Law Judge (ALJ). Indianapolis Social Security Disabilty Lawyer Scott D. Lewis often gets asked by his Social Security disability clients how they will be able to get their hearing date expedited. Mr. Lewis understands the client's frustration with the waiting process, but getting a hearing date faster than anyone else is not as easy as he'd like.

As most Social Security disability attorneys would share with their clients, getting a hearing date expedited may be difficult but not impossible. In some circumstances, a disability claimant may be able to prove a "dire need" to expedite the hearing. As most claimants experience, living without a paycheck, with existing ongoing medical bills, needing a place to sleep, and needing to eat can cause a lot of difficulty when it comes to survival. Attorney Scott Lewis often recommends to his clients to find a good support system during this difficult time. So, how does someone tell the Social Security Administration (SSA) that they are in a dire need to expedite the date of their disability hearing? First of all, the claimant and/or their disability lawyer must submit a "dire need" letter to the SSA explaining their extreme financial hardship. A "Dire Need" situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as lack of food, clothing, shelter or medical care.  The claim must allege specific immediate circumstances.  In Attorney Scott Lewis' experience, the preceding factors may be looked at, but the three main factors the Indiana Social Security Administration will focus on are homelessness, home foreclosures or being terminally ill.

You may wonder what the SSA would consider a dire need situation. Unfortunately, this may mean that things must get pretty bad for the claimant.  Requests for expediting a disability hearing are routinely denied, but some examples of a dire need situation are as follows:

1. If a claimant is the age of 55 or older, consideration of expediting the hearing is more likely.  Claimants that are 55 or older fall into a less restrictive disability category.  As a consequence, the claim is more easily decided by an Administrative Law Judge (ALJ) or an attorney advisor. 
2. If a claimant is terminally ill or when the claimant is at a critical risk for death if emergency life saving surgery is not performed immediately, this may be considered a dire need situation.   This circumstance must be put in writing by the claimant's physician and be submitted with the claimant's request to expedite the hearing. Terminal illness cases or "Compassionate Allowance" cases must clearly set forth the emergency medical situation involved.
3. If a claimant's home is about to be foreclosed or they are facing eviction, the SSA may consider this as a dire need situation.  When a claimant states this claim, they must support it with a Notice of Eviction, foreclosure notice from a mortgage lender, utility companies, etc.  This supporting evidence must be a legally driven notice not a handwritten note from a friend or relative.
4. If a claimant is on the brink of losing the ability to access needed medication, this may also be considered a dire need situation.
5. If a claimant becomes suicidal due to their situation, this may influence an expedited hearing.

As all disability claimants have the right to submit such request, seldom, if ever, these requests are granted.  With the extreme backlog of disability cases pending with the SSA, it's unlikely that a claimant will get their hearing date any faster. On occasion, Attorney Scott D. Lewis does file these requests to the SSA when a client notifies him of such situations.  In some cases, requests for an expedited hearing may only move the hearing date up by a few months.  It is only in extremely rare cases that the SSA will grant a request and hear the case within 90 days. 

If you have a pending Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888. On a regular basis, Attorney Scott D. Lewis deals with disabilities such as degenerative disc disease, diabetes, heart conditions, schizophrenia, COPD, and many other disabilities. 

Indianapolis Social Security Disability Attorney Scott D. Lewis represents claimants that are fighting to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Many of his Indiana clients ask him what disabilities will qualify them for these disability benefits programs. Even though a claimant doesn't always have to meet one the Social Security Administration's (SSA's) Listing of Impairments in order to win their claim, a claimant can win their claim if they do in fact meet the criteris of one the qaulifying impairments. The SSA has listed the criteria for each of these listed impairments that will medically qualify a person for SSDI or SSI benefits. This listing may also known as the SSA's "Blue Book."

Impairments listed in the SSA's Blue Book fall under one of the following categories:

• Musculoskeletal System
• Special Senses & Speech
• Respiratory System
• Cardiovascular System
• Digestive System
• Genitourinary Impairments
• Hematological Disorders
• Skin Disorders
• Endocrine System
• Impairments the Affect Multiple Body Systems
• Neurological
• Mental Disorders
• Malignant Neoplastic Disease
• Immune System Disorder

Every impairment has its own criteria for qualification or approval.  Disabling conditions such as diabetes, high blood pressure, congestive heart failure, personality disorders, anxiety, spine disorders, leukemia, and a variety of other cancers are included in this list of impairments.  Many times, the disability examiner that is reviewing the claimant's application will simply open the SSA's blue book and compare the disorder requirements with the medical evidence of the claimant.  If the disability claimant's supporting medical evidence meets the criteria of the listing, the claimant will be approved for disability benefits. 

Unfortunately, not all disabling conditions are included in the SSA's listing of impairments.  For example, carpal tunnel, fibromyalgia or irritable bowel syndrome are among some of the impairments not listed in the qualifying listing of impairments.  Disability claimants with such conditions might wonder how they would qualify for disability benefits when their impairment is not listed in the SSA's Blue Book.  Since the claimant's disabling condition does not meet or exceed the requirements of a listing, the claimant may get a medical/vocational allowance.  In this case, the disability examiner will look at the claimant's previous work experience and the claimant's medical records.  The examiner will determine if the claimant is capable of performing sedentary, light or medium work.  After the examiner determines what level of work the disability claimant is able to perform, he or she will determine whether or not the claimant is capable of returning to the past work based on the disability claimant's limitations.  In the case that the examiner determines that the claimant is unable to return to their previous employment, the examiner will determine whether there is other types of work the claimant can perform. 

In summary, claimants with a disability that is listed in the SSA's Listing of Impairments and that claimant's disability meets the criteria of that listing, it is likely that the claimant will win their claim.  When a claimant has a physical disorder combined with a mental disorder such as depression, it is important to get the appropriate medical documentation from a qualified physician.  Having a combination of impairments can only strengthen the disability claimant's claim.

If you or someone you know has questions regarding your disabling condition, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888.   

Is it a problem if I am receiving unemployment benefits and I am trying to get Social Security disability benefits?

Indiana disability applicants often ask Attorney Scott D. Lewis if receiving unemployment insurance benefits will be frowned upon by the Social Security Administration (SSA) when attempting to receive Social Security disability benefits. In his opinion, this "may" create a problem. He believes that when a disability claimant is collecting unemployment, but is applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the disability claimant is making two inconsistent statements. First, by collecting unemployment insurance benefits the person is saying that they are able to work. On the other hand, by applying for disability benefits the claimant is saying they are unable to work.

The SSA states that receiving unemployment insurance benefits do not preclude a person from receiving Social Security disability benefits. Although, the SSA goes on to add receiving unemployment benefits can be one of many factors considered in determining if an individual is disabled.

In Social Security Disability Attorney Scott D. Lewis' experience, Administrative Law Judges (ALJ's) often question his clients as to why they are making these too very different statements. Typically, the judge has the record of the disability claimant's earnings including unemployment at his or her fingertips during the hearing and may raise an eyebrow when confronted with this issue. One way to combat this potential disability dilemma is to attempt to amend the disability onset date to sometime after the unemployment payments have stopped. This may help the ALJ give you a favorable ruling in your appeal. In these tough economic times, a disability claimant can only hope an Indiana Administrative Law Judge may be sympathetic in that many individuals feel they may starve without these much needed unemployment funds.

In summary, while receiving unemployment benefits will not automatically disqualify a disability claimant from receiving Social Security disability benefits, it may be used to find your Social Security disability benefits claim denied. In Scott D. Lewis' law practice, he finds it helpful if the client keeps him advised as to any compensation they may be receiving while their claim is pending in order to adequately provide good legal representation.

If you are unable to work due to a disability such as multiple sclerosis, heart problems, bipolar disorder or any other impairment and need the advice of a Social Security Disability Lawyer contact the law office of Scott D. Lewis today for a free consultation at (317) 423-8888.

Can I get Social Security Disabilty Benefits If I have a Part-Time Job?

As an Indiana lawyer serving the Indianapolis & the surrounding area, Attorney Scott D. Lewis would never advise a Social Security disability claimant to not work if they are able to do so. In fact, many times he tells his disability appeals clients that they will not get rich by receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments and it is usually in the claimant's best interest to work if they are able. Often times, claimants may find it much more lucrative to work rather than not work and receive disability payments.

On the other hand, some Social Security disability appeals claimants find that they are able to work on a part-time basis. It is true, it may be alright to work as long as your earnings do not exceed the limit set by the Social Security Administration (SSA). This limit is called the Substantial Gainful Activity (SGA) amount. The monthly SGA amount may change each year.

It may be concerning to some claimants as to how this part-time work may be looked at by the adjudicators at the SSA. Many claimants wonder if the SSA will look at the part-time work and wonder if they are able to work more than part- time. Attorney Scott D. Lewis believes that this may a possibility. The SSA may believe the disability claimant can work more hours than he or she is currently working and the claimant is attempting to just stay under the SGA amount. The Social Security adjudicators may also believe the claimant is not seeking full-time work opportunities while remaining in a job setting that only offers part-time positions.

Attorney Scott D. Lewis has been present for Administrative Law Judge (ALJ) hearings where his disability claimant has been questioned extensively about a part-time job. Right or wrong, judges may think the claimant is not trying hard enough to maintain a full-time job.

With the lengthy waiting period to get to a hearing for your disability claim, many Indiana claimants find that they must work or lose their home or be unable to feed themselves. When faced with such limited options, many disability claimants resort to work activities that may result in an even more painful outcome.

In the end, it is ultimately the disability claimant's decision to work or not. Part-time work may raise eyebrows at the Social Security Administration, and may result in being questioned about your work activity. If you are considering filing for SSDI or SSI benefits and you have questions or need help on a pending claim, call Indianapolis Social Security Disability Lawyer Scott D. Lewis for a free consultation at (317) 423-8888. Attorney Scott Lewis handles disability claims ranging from mental disorders (such as depression and anxiety) to physical disorders (such as diabetes with neuropathy to degenerative disc decease) and nearly everything in between.  If you believe that you have a qualifying disability, complete the contact form on this page and Scott Lewis today!

Indianapolis Attorney Scott D. Lewis represents Social Security disability claimants that have been denied Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. In his experience in working with disability claimants, there seems to be one common question his clients ask him. "How can I improve my Social Security disability claim?"

Mr. Lewis believes that there is no one trick to winning your Social Security claim but there are ways of effectively presenting your claim to the Social Security Administration (SSA) to help support your claim.  When a claimant is filing their initial claim to the SSA, the claimant should submit all medical records that support their claim with this initial application.  It is very important to provide the SSA the medical records that support the claim.  It is Attorney Lewis's experience that you should not depend on the SSA to retrieve all of your medical records.  While you are waiting for the decision of your initial application, continue to see your medical doctors and continue any and all treatment for your disability.  It's important not to miss any doctor's appointments during this period. 

If you have been denied disability benefits, immediately file an appeal.  The claimant should file a "Request for Reconsideration."  This is when the claimant disagrees with the SSA's decision and would like the SSA to reconsider their claim.  At this point, you may have an attorney represent you in this claim.  There are many benefits to having an attorney represent you during the appeals period.  The attorney may keep you informed of any deadlines, can help you obtain medical records, may assist in completing the appeal and may assist in submitting all necessary paperwork to the SSA.  Whether you have an attorney or not, during this appeals period, submit all new medical records and test results to the SSA.  Also, submit any new doctor, hospital, and clinic information to the SSA.  These records and information may help you win your claim.  Build your relationship with your treating physicians.  Ask your doctor if he/she would be willing to complete a "Residual Functional Capacity" (RFC) assessment to submit to the SSA.  These forms may greatly enhance your chances of winning your claim.  RFC forms are available on the SSA's website. 

It is always important to stay involved in your case.  Scott Lewis advises his clients to keep a journal of how their disabling condition affects their day to day life.  It is wise to keep notes describing specifically what these effects are.  For example, if a claimant is taking a medication that causes side effects, make a note of this side effect.  Explain what affects this disability have on your day to day activity and if it affects your sleeping patterns.  Whatever the claimant is experiencing, it should be noted in a journal to support the claim. 

As most Indiana disability claimants are aware, the claims process may be long and frustrating.  Stay calm and be patient.  Be careful to not take your frustration out on your legal representative or the Social Security Administration employees. Many of them may also be frustrated with the disability claims process. 

As earlier stated, there are no one trick to winning your claim but the above tips may help improve the way your claim is presented to the SSA.  In Attorney Scott Lewis's experience, the success rate is much greater when a claimant has the appropriate supporting documents in order to meet the SSA's evaluation requirements.  If you or someone you know is experiencing disabling impairments such as but not limited to multiple sclerosis, diabetes, neuropathy, degenerative disc disease, or depression and have been denied SSDI or SSI benefits, contact Scott Lewis for a free consultation at (317) 423-8888.  He may be able to help you win your claim!

What is a Consultative Examination?  A consultative examination is paid for by the Social Security Administration (SSA) to help determine what disabling condition(s) the Social Security disability claimant may be suffering from. This examination may be performed by a psychiatrist, psychologist, or a medical doctor.

The role of the examiner is to generate a report that the Social Security Administration will consider to determine if the disabling condition meets the standards set forth by the SSA to be a disabling impairment preventing the disability claimant from working. This medical professional will not treat you, but instead will most likely question you about your disabling conditions.

Do I have to go to the Consultative Examination?  Your claim may be denied if you do not attend the examination. While many Indiana residents complain that the physician at the examination did not adequately evaluate their disability, Attorney Scott Lewis advises his clients to go ahead and "jump through this hoop" in order to move the claim along. Although, it is very important to let the medical professional know all of your disabling conditions and try to explain how these disabilities affect you in everyday life.

Can my treating physician do my consultative examination?  Yes, but Attorney Scott Lewis has never seen this done. Perhaps, treating physicians will not accept the low fee the SSA offers, or other reasons may exist. Almost always, the SSA will have a person that has no knowledge of the disability claimant's condition perform the examination.

In Attorney Scott D. Lewis' Social Security disability practice, almost all disability claimants have similar complaints of consultative examinations. These complaints include:

• The medical doctor, psychiatrist, or psychotherapist didn't listen to me and would not even address the actual disabilities I have. 
• The medical doctor, psychiatrist, or psychotherapist rushed through the examination.
• The medical doctor, psychiatrist, or phsychotherapist told me that I was disabled and there shouldn't be a problem getting my benefits, but then shortly after I was denied benefits by the Social Security Administration.

In conclusion, Indiana resident going through the lengthy disability process need to acknowledge this is just one more step they are going through to hopefully receive their disability benefits. Attorney Scott Lewis finds that your own medical professional is usually your best bet when appealing your disability claim.

If you find yourself filing an appeal and you suffer from various disabilities such as back problems, arthritis, diabetes, heart problems, depression, or any other disabling impairment contact the law office of Scott D. Lewis for a free consultation today at (317) 423-8888.

If I am receiving Social Security disability benefits and I reach the age of retirement for Social Security retirement benefits, what will happen?

Many individuals receiving Social Security disability benefits wonder what will happen to their disability benefits when they reach full retirement age. Indiana residents often call the law office of Scott D. Lewis to inquire as to if they will get two payments or what exactly they should be prepared for at that time.

If you are currently receiving Social Security disability benefits, you should be aware your disability benefits are 100% of your primary insurance amount. Will you receive two disability payments? No, when you reach retirement age, your Social Security disability benefits payment amount will automatically convert to regular Social Security retirement benefits. Will your Social Security disability benefits remain the same forever?  Probably not, because there are periodic cost of living adjustments (COLA) determined and it can have an impact on your Social Security payment amount.

There may be one important change when you reach retirement age and your disability payments are converted. Social Security states you are able to receive your benefits with no limits on your earnings starting on the month of your retirement age. For an idea as to what Social Security considers full retirement age, you can refer to the SSA website.

If you have been denied Social Security disability benefits or know someone who believes they should be receiving disability benefits, contact the Law Office of Scott D. Lewis. Many times the disability appeal process can be confusing and the aid of an experienced lawyer may help you get the disability benefits you deserve. Contact Indianapolis attorney Scott Lewis today for a free confutation at (317) 423-8888.

Indianapolis Social Security disability claimants filing a disability claim based on seizure disorder (or epilepsy) often wonder how the Social Security Administration (SSA) evaluates this disorder in order to qualify for  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. 

To qualify for disability benefits based on this neurological condition, the following two requirements must be met:

1. A claimant must have a specified number of attacks, or episodes, occurring within a specified period of time; and
2. The episodes must occur even with a claimant's full compliance with prescribed medications. 

Simply stated,the disability claimant must demonstrate proof of a seizure disorder diagnonis or epilepsy diagnosis and must also indicate that anti-seizure medication has been prescribed, is being taken as directed, and that attacks continue to occur regardless of medications being taken.

At what frequency must these attacks take place in order to qualify for Social Security disability benefits?

According to the SSA, it depends on the type of epilepsy, or seizure disorder, that a disability claimant has. There are two types of seizure disorders that are addressed.  These seizures include convulsive epilespy and non-convulsive epilepsy.

If a claimant's particular form of seizure disorder is classified as "convulsive epilepsy" (grand mal seizures), such seizures must occur more frequently than once per month, in spite of at least 3 months of prescribed treatment. If these convulsive seizures occur during the day, these seizures must also involve loss of consciousness and convulsions.  If they occur at night, they must have the effect of interfering with the individual's activities on the following day.

If a claimant's seizure disorder is classified as "non-convulsive epilepsy" (petit mal seizures or focal seizures), such seizures must occur more frequently than once per week, in spite of at least 3 months of prescribed treatment. Additionally, non-convulsive seizures must involve either loss of consciousness, alteration of awareness (for example, confusion or disorientation), or have the effect of interfering with the individual's activities during the day.

If you or someone you know meets the SSA's requirements for epilepsy, you may qualify for Social Security disability benefits.  Epilepsy can also be considered as a disabiling condition when combined with other disabilities such as mental disorders, diabetes, obesity, and back problems just to name a few.  Indiana Social Security Disability Attorney Scott D. Lewis represents claimants that have been denied Social Security disability benefits.  If you would like a free consultation regarding your Social Security disability claim, call (317) 423-8888. 

Indiana Social Security disability claimants living with multiple sclerosis (MS) who are unable to work due to their MS related disability and/or other conditions, may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

The Social Security Administration (SSA) recognizes MS as a chronic illness or "impairment" that can cause disability severe enough to prevent an individual from working. Disability claimants applying for Social Security disability benefits on the basis of multiple sclerosis can be approved for benefits in one of two ways:

1. By means of a medical vocational allowance; or
2. By meeting the SSA's Listing of Impairment, Section 11.09 Mutlitple Sclerosis

In order to be approved for disability benefits by means of a medical vocational allowance, a claimant's medical records must show that their condition is severe and has lasted, or can be expected to last, for a period of not less than twelve months. During this actual or estimated twelve month period, the claimant's condition must also prevent them from working at a job they have done in the past, and prevent them from engaging in other work.

The SSA's Listing of Impairment, Multiple Sclerosis, specifically identifies the criteria required to meet this listing. In summary, the listing provides for three types of criteria that a claimant should meet in order to be awarded disability benefits.  A claimant must meet only one of the following three categories in order to qualify:

1. Motor function impairment
2. Visual impairments
3. Mental impairments

If you have any of the following symptoms, or any combination of these or other symptoms, that prevent you from working, you may qualify for Social Security disability benefits:

• Experience difficulty with walking, standing, and other motor skills
• Experience difficulty with seeing
• Speech impairment
• Find it difficult to concentrate or complete simple tasks
• Experience difficulty with remembering
• Have extreme fatigue 
• Experience side effects from prescribed medication(s)

It's important for the claimant to prove that their disabling condition has severe limitations on their life.  While SSI and SSDI provide different benefits, SSA uses the same disability determination process for both. You can even qualify for both at the same time.

Remember, you may appeal your Social Security disability claim if you have been denied benefits for muliple sclerosis.  Indianapolis Social Security disability lawyer Scott D. Lewis has represented claimants with multiple sclerosis. If you are a claimant with MS or if you know someone that is unable to work due to their multiple sclerosis, call Scott for a free consultation at (317) 423-8888. 

Indianapolis Social Security Disability Attorney Scott D. Lewis often finds his clients are confused by the difference between the two disability programs offered by the Social Security Administration (SSA). These two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI and SSI programs are administered by the SSA, both programs will pay a monthly benefit to qualifying disabled persons, and both programs follow the same procedures when determining if someone is disabled.

Although SSDI and SSI have some similarities, they are quite different programs. It is important to understand the difference in these two programs when applying for disability benefits.

Social Security Disability Insurance (SSDI) or also commonly known as Social Security Disability (SSD) benefits is the disability program that is funded by the Social Security taxes that are paid by employers, workers and people who are self-employed. This program requires the claimant to have earned the appropriate credits which is based on the taxable work of the disability claimant. This means that the claimant must have paid into this program through payroll taxes from previous work. This program was designed to assist those individual workers that paid into the program that become disabled and are unable to work until retirement age so they basically receive those benefits early.

Financial eligibility for SSDI is based solely on the F.I.C.A. Social Security (F.I.C.A.) payroll taxes the claimant paid through employment. This program is not based on your current wealth situation. To be eligible for SSDI, you must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (essentially five out of the last ten years). If you are under age 31, that number is reduced. If you are over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. So, as long as you can meet the payroll tax payment requirement, you may receive SSDI benefits if you become totally disabled regardless of what other income or wealth you may have. Monthly benefits are determined by the amount of F.I.C.A. taxes the disability claimant paid into the program over the years. The SSA attempts to estimate the payment amount that the claimant would have put into the program if they worked until retirement age. Monthly payment amounts may vary from person to person. Benefit payments begin 5 months after the "onset date" of the disability determined by the SSA.

Supplemental Security Income (SSI) is a program funded through general revenues. This program is designed to assist disabled adults and children that have a financial need due to their inability to work because of their disability. Opposite of SSDI, the SSI benefits program does look at the claimant's assets, resources, and income. Claimants must have limited income, resources and assets to qualify for this program. Monthly payments are determined by the amount of income the claimant earns each month. If a claimant is found to be disabled, the monthly payments will begin on the 1st day of the month the claimant filed for disability benefits.

Attorney Scott Lewis often recommends to his Indiana disability clients to apply for both programs when submitting their initial application for disability. Often times, claimants are not sure what program that they qualify for so it is important not to "miss the boat" when you may just qualify for one of these programs. Remember, if you apply to one of the programs but not the other, the SSA will not evaluate your claim for the opposite program. The SSA will only review your claim for what you are applying for.  So, as recommended by Social Security disability attorney Scott Lewis, take the time to complete both applications.

At the law office of Scott D. Lewis, Attorney at Law, LLC, Scott Lewis offers a free consultation to those individuals seeking Social Security disability benefits. Call Indiana Disability Appeals Lawyer Scott Lewis at (317) 423-8888 for your free consultation.

Indiana Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits claimants often experience pain from their disability, but find it difficult to explain the level of pain to the Social Security Administration (SSA). It may be likely that pain interferes with the claimant's ability to work. So, how does a SSDI or SSI claimant prove to the SSA that the pain they experience limits their ability to working?

Indianapolis Social Security Disability Lawyer, Scott D. Lewis, has represented claimants that experience pain causing them to be unable to work.  In these cases, it is important to effectively prove to the SSA that this pain prevents the claimant from performing their job and any other job.  Since pain is subjective, it may be hard to describe.  Pain is not a visible condition which makes it even harder to prove.  It is essential to identify the physical location of the pain.  Attorney Scott Lewis may ask his clients to rate their level of pain on a scale from one to ten, one being minimal pain such as a mild headache and ten being excruciating pain so severe that the individual must go to the hospital.  It is important not to exaggerate your pain because it may destroy your credibility in front of an Administrative Law Judge (ALJ).  When alleging pain, it is important to be credible.  Claimants should be specific about the level of pain during certain times.  For example, if you have constant pain at a level 5 but the level increases when you vacuum the house to a level 10, then the claimant should describe this change when performing certain activities.  If there is something that specifically triggers your pain, this triggering activity should be described.  For example, if you experience pain in your back from walking or if you experience migraine headache pain from staring at the computer monitor, this needs to be explained to the SSA.  Remember, you want to describe the pain in as much detail as possible.  The claimant should use accurate and detailed adjectives when describing their pain.  Such details may include sharp, dull, throbbing, piercing, or shooting pain.  It may be constant pain or it may progress with certain activities. 

Attorney Scott Lewis advises his clients to accurately describe their pain to their treating physicians at all times.  When visiting your doctor, it is important to be honest about your pain.  When the doctor asks you how you are doing, it's not uncommon for patients to answer "fine" even though they are in pain.  Also, if the claimant's treating physician ask if they are in pain and the answer is a simple "yes," that response may not be adequate to help detail teh claimant's medical records.  These responses may be recorded on your medical records and this may not help you win your Social Security disability claim. 

If your treating physician has prescribed you medication for your pain, it may be beneficial to share how the medication helps with the pain that you experience.  In some cases, the medicine might only alleviate some of the pain.  If that is the case, the claimant should describe what the medication does not relieve. 

Most disability claimants find it to be helpful to keep daily logs of their experiences of chronic pain.  Keeping records may truly benefit in proving your disability claim.  Remember your goal.  Your ultimate goal is to effectively describe your chronic pain in your disability claim.  In summary, a claimant would want to include the following information in their daily log:

• Location of the pain on your body
• Very descriptive words identifying what the pain feels like (remember to use the scale to describe the level of the pain)
• Duration of the pain
• Frequency of the pain
• Any activities that trigger the pain
• Any effects the pain has on the claimant
• Medication effects

If you or someone you know is experiencing pain due to a disability, you may qualify for disability benefits.  Attorney Scott D. Lewis can assist you in getting the benefits you deserve.  If you have been denied Social Security disability benefits, contact Scott Lewis for a free consultation at (317) 423-8888.

Indiana Social Security disability claimants diagnosed with cancer, often find themselves being denied Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. As most cancer patients know, the typical reaction once diagnosed with cancer is the fear of dying. Many cancer patients undergo extensive treatment for their cancer. This treatment can include chemotherapy or radiation therapy. This treatment often causes side effects causing the patient pain and other unpleasant symptoms . As though this is not enough for a cancer patient to experience, it may not be a disabling condition that is guaranteed to receive disability benefits in the eyes of the Social Security Administration (SSA).

You may wonder what it would take for the Social Security Administration (SSA) to award a cancer patient disability benefits. To qualify for SSDI or SSI benefits, any disability must last or be expected to last for at least twelve consecutive months or the disability must expect to result in death. This includes claimants with cancer. Fortunately, some disability claimants respond to treatment and may not necessarily need the assistance of an experienced Social Security disability attorney.  To obtain Social Security disability benefits from the SSA, it is imperative to understand what the SSA will consider in determining your disability.

The SSA will consider to what extent the cancer is involved, frequency, duration and how responsive the disability claimant is to treatment.  In addition, the SSA will consider where the malignancy began (origin) and what effects post-therapeutic residuals have on the cancer patient. Social Security disability claimants filing an appeal might find it beneficial to consider the SSA's "Listing of Impairments" to determine if the cancer they experience is acknowledged by the SSA.  In the Listing of Impairments, Section 13.00 Malignant Neoplastic Diseases, you will find:

• Lung Cancer
• Leukemia
• Breast Cancer
• Cancer of the Head and Neck
• Sarcoma of the Skin or of the Soft Parts
• Malignant Melanoma
• Cancer of the Lymph Nodes or Thyroid Gland
• Carcinoma or Sarcoma of the Salivary Glands 
• Cancer of the Skeletal System (Exclusive of the Jaw)
• Cancer of the Mandible, Maxilla, Orbit, or Temporal Fossa
• Cancer of the Brain or Spinal Cord  
• Cancer of the Pleura or Mediastinum     
• Cancer of the Abdomen, Esophagus or Stomach  
• Cancer of the Small Intestine    
• Carcinoma or Sarcoma of the Large Intestine
• Cancer of the Liver, Gallbladder or of the Pancreas 
• Carcinoma of the Kidneys, Adrenal Glands, or Ureters
• Carcinoma of the Urinary Bladder, Prostate Gland or Cancer of the Testicles 
• Carcinoma or Sarcoma of the Uterus (Corpus or Cervix)
• Cancer of the Ovaries    
• Carcinoma or Sarcoma of the Uterine (Fallopian) Tubes, Penis or Vulva

Also of note, the SSA may consider other listings not contained in the list above to determine whether your disabling condition falls within another category of impairment.  If the SSA determines that your disability does not meet a listing or medically equal a listing, it is important to determine your residual functional capacity.  Remember, if your residual functional capacity does not allow you to engage in substantial gainful activity, you may be entitled to SSDI or SSI benefits. 

So what does a disability claimant do if they find that their diagnosis of cancer is not enough to receive disability benefits?   Let the the SSA know of any and all other disabing condition you experience.  The SSA will consider all of your impairments combined together to determine disability.  Your combination of impairments may be enough to win your disability claim.

We realize Indiana disability claimants feel as though they are in a maze of obstacles when attempting to get disability benefits for cancer.  You have a right to an attorney when fighting your disability appeal.  Indianapolis disability benefits lawyer, Scott D. Lewis, is happy to provide a free consultation and will attempt to clear up any problems you may experience when pursuing your disability claim.  Call (317) 423-8888 today!

Are you a Social Security disability claimant suffering from arthritis and have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Is your disabling condition preventing you from working but you've received an unfavorable decision from the Social Security Administration (SSA) regarding your disability claim?  Indiana disability claimants with arthritis often ask how they can win their disability claim after they have been denied.

It's important to understand how to get approved for Social Security disability benefits.  In all Social Security disability claims, the SSA will review the claimant's claim by using their 5 step sequential process.  In summary, these five steps include:

1. Is the claimant working?
2. Is the disability severe?
3. Is the claimants disability or condition in the SSA's listing of qualifying impairments?
4. Is the claimant able to do work that they previously performed?
5. Is the claimant able to perform any other type of work?

If you are a claimant with severe arthritis who is unable to work, you may qualify for SSDI or SSI benefits.  Arthritis is one of the leading disabilities for benefits.  Arthritis is included in the SSA's Listing of Impairments, Section 1.00, Musculoskeletal Disorder.  Some categories of this section include Inflammatory Arthritiis and Degenerative Arthritis. 

A claimant with Inflammatory Arthriits (such as Rheumatoid Arthritis) should experience persistent swelling, pain and limitations to the joints to qualify for Social Security disability benefits.  The limitations to the joints may include limitations to:

• hips;
• shoulders;
• knees;
• elbows;
• ankles;
• wrists; or
• hands.

A claimant with Degenerative Arthritis (such as Osteoarthritis) should safisfy the SSA's requirement if they are experiencing limitations with their arms and hands or if they have significant issues with walking or standing.  Individuals with neck or back problems due to their Degenerative Arthritis must have persistent sensory, motor & reflex loss in order to qualify for disability benefits.

It should be kept in mind that even though a claimant doesn't necessarily meet the criteria of the Listing of Impairments, that he/she may still qualify for disability benefits.  Indianapolis Social Security disability lawyer, Scott D. Lewis, can discuss your disability claim with you at (317) 423-8888.  Call Scott for your free consultation.

It is important when trying to obtain your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits to let the Social Security Administration (SSA) know all of your impairments or disabling conditions.

Indianapolis lawyer Scott D. Lewis finds when interviewing his clients they often leave out some of their disabilities when attempting to receive Social Security disability benefits. You should not leave it up to the SSA to inquire what your disabling conditions might be. It may be beneficial to make a list of the severe and non-severe conditions that you experience. It is important to remember the Social Security Administration may also consider non-severe conditions in combination with severe conditions when deciding whether you will receive Social Security disability benefits.

Indiana claimants should always remember the question at hand is whether you can perform your past relevant job(s) or other jobs that exist in the national economy. So, while you may consider the fact you have asthma as a minor problem, it may keep you from performing jobs around dust or fumes. Another example could be an individual suffering from anxiety cannot perform jobs requiring the individual to interact with the general public. While you may consider your back impairment the primary reason you cannot work, it is important that you let your Social Security disability attorney know that you have other medical issues that have an effect on your activities of daily living and your ability to hold down a job.

Other conditions many individuals may not consider can include but are not limited to:

• Carpal Tunnel Syndrome (CTS)
• Depression
• Chronic Obstructive Pulmonary Disease (COPD)
• Diabetes
• Hepatitis
• Arthritis
• Learning Disorders
• Visual Impairments
• Hearing Loss

Remember, just saying you have asthma is probably not enough. Seeing a medical professional on a regular basis and seeking treatment for your condition(s) may also be very important in obtaining Social Security disability benefits. There may come a time when a claimant will need to appeal their disability claim and need the advice of an experienced disability benefits attorney.  If you require the assistance of a Social Security disability lawyer, contact the law office of Scott D. Lewis for a free consultation at (317) 423-8888.