Indiana Social Security Disability Lawyer Blog

Most people are not familiar with the Social Security disability claims process.  When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the success of your claim often depends on providing good supporting medical records.  It is important to know what medical documentation that the Social Security Administration (SSA) needs.  Without an attorney, it is the SSA's responsibility to secure your medical records.  An attorney has experience in knowing how to request this information from doctors and other medical professionals.  Indiana Social Security Disability Attorney Scott D. Lewis sees a variety of medical records every day and knows how important good supporting medical documentation can be in getting your Social Security benefits approved. 

Here are a few key things to keep in mind when seeing your doctor and accumulating medical records:

• An abundance of pertinent records relating to your disability will usually help the Administrative Law Judge (ALJ) in finding a favorable result in your case. Try to make it easy on the Social Security Administration (SSA) by seeing your doctor(s) on a regular basis and providing the SSA with good medical records.
• Adequate progress notes can help in obtaining a favorable decision.  If your physician can document your disabilities on a consistent basis showing the disabilities you are having, it can greatly enhance your case.
• Tests verifying your disabilities can have an impact on a favorable outcome.  MRI's, EKG's, and various other objective tests showing the severity of your disability are things the SSA and your attorney can use to substantiate your case.
• A clear diagnosis or assessment of your disability is critical in getting your benefits.  The Listing of Impairments defines disabilities that the Social Security Administration recognizes.  If you have a distinct diagnosis by your physician that meets or equals one of these listings your ability to obtain Social Security Benefits is greatly enhanced.
  

Attorney Scott Lewis believes you should always attempt to have a good relationship with your medical provider, and hopefully he/she will do the things necessary to help you have a strong Social Security Claim.  Attorney Scott Lewis has experience in obtaining medical records from your doctors to help support your case. Often times, he is able to request all medical documents related to:

• Medical diagnoses 
• Mental health evaluations 
• Physical examinations, hospital & emergency room records 
• Lists of prescribed medications
• Laboratory tests

Attorney Scott Lewis and his staff strive to work with you and your doctor(s) to comply with all privacy requirements when obtaining your medical records.  For more information about obtaining the appropriate medical records for your case, contact Scott Lewis at (317) 423-8888 for a free consultation. 

Indiana residents may wonder how the Social Security Administration (SSA) determines if they are disabled.  In order to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the SSA must find you disabled.  There are many factors that go into answering this question.  Outlined below is the five-step process that the SSA uses to decide if you are disabled. Indianapolis Social Security Disability Attorney Scott D. Lewis suggest that you keep the following in mind when you decide to file a claim. 

1. Are you working?  If you are employed and your monthly earnings average more than a certain amount designated by the SSA, the SSA generally will not consider you disabled. The amount changes each year. For the current figure, visit the SSA website.  If you are not working, or your monthly earnings average the current amount or less, then they will look at your medical condition.  Many times, Social Security claimants are unclear of what earnings count.  If you have questions, contact Attorney Scott Lewis. 
2. Is your medical condition "severe"?  For the SSA to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities, such as sitting, standing, walking, and remembering, for at least one year. If your medical condition is not that considered severe, you will not be considered disabled. If your condition is severe, the SSA goes on to the next step.
3. Is your medical condition on the SSA's List of Impairments?  The SSA has a List of Impairments that describes medical conditions that are considered so severe that you automatically qualify as being disabled. If your condition (or combination of medical conditions) is not on this list, they will look to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, it will be decided that you are disabled. If it does not, the SSA goes on to step four.
4. Can you do the work that you did before?  At this step, the SSA decides if your medical condition prevents you from being able to do the work you did before. If it does not, you are not disabled. If it does, the state agency goes on to the final step.
5. Can you do any other type of work?  If you cannot do the work you did in the past, the SSA will look to see if you would be able to do other work. They evaluate your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the SSA will decide that you are disabled. If you can do other work, the Social Security Administration will decide that you are not disabled.

Are you still unsure if you would qualify as being disabled?  Call Indianapolis Social Security Disability Attorney Scott D. Lewis for a free consultation at (317) 423-8888.   

Much like Indianapolis Social Security Disability Attorney Scott D. Lewis, many attorneys advertise their services on television, on the internet, or simply in the yellow pages.  However, finding the "right" representative to handle your Social Security Disability claim is a different matter.  You may ask yourself what qualities you should look for when selecting an attorney to represent you. Although there are no clear cut answers to this question, here are some helpful tips.

You may want to ask the attorney if he focuses on Social Security Disability Insurance (SSDI) cases and Social Security Income (SSI) cases. If he only does SSDI or SSI cases occasionally on top of other types of law, he may not be what you are looking for.  Sometimes, it's best to select a lawyer who  focuses specifically on disability claims, giving him more experience and capability than a lawyer who simply dabbles in SSDI or SSI cases.

Ultimately, who you should choose simply boils down to who you feel comfortable with and who you trust to handle winning your SSDI and SSI benefits.

Although it would be difficult to immediately trust someone you barely know, you may want to gauge your initial trust level based on the following factors:

• Was the attorney accessible by phone and willing to return your phone calls?
• Did the attorney seem knowledgeable regarding the Social Security disability system?
• Did the lawyer answer questions to your satisfaction? 
• Does the attorney a helpful and courteous staff? 

If your chosen Social Security Disability Lawyer and his staff can be reached by phone, returns your calls, knows how the Social Security system works, and is willing to ease your concerns by explaining the process to you, it's likely you are receiving proper representation.

Scott Lewis is an experienced Social Security Disability Lawyer who is pleased to assist clients throughout the state of Indiana. Scott practices focuses in social security disability claims, including SSDI and SSI.  Scott provides his clients legal representation, personal attention, and responsive communications.  Call 317-423-8888 immediately for a free consultation.

Often, Indiana Social Security Disability Claimants wonder how they can effectively work with their attorney in order to help their case.  In my experience as an Indianapolis Social Security Disability Attorney, I have found just a few things that my clients can do to enhance the chances of winning their Social Security claim and also help maintain a good working relationship with my office.

Continue to see your medical professionals.  As your attorney, I can argue until I am blue in the face to the Social Security Administration (SSA) about how disabled you are, but if we don't have good supporting medical records the SSA usually doesn't hear us.  If financially affordable, continue to see your physicians and accumulate medical documentation to support your case.

Meet deadlines.  If you receive materials that are time sensitive, make sure you meet those deadlines.  Before hiring an attorney, you may be responsible for filing your appeal.  Failing to meet these deadlines may result in starting the Social Security process from the beginning again.  Once you hire an attorney to represent you, they strive to meet these deadlines, but can still use your input.

Communication.  If your disability worsens or you go back to work, contact your lawyer.  There are certain times when a worsening condition may need to be addressed with the SSA in order to expedite the process.  Also, if you have returned to the workforce and no longer are seeking Social Security benefits, you should alert your attorney so he can assess the situation and possibly facilitate in withdrawing your Social Security claim.

Be patient.  We understand the stress your disability and the lack of funds can put on a claimant's life. Unfortunately, the Social Security Claims process in Indiana can be very long.  We, like our clients, get frustrated with the long waiting period.  It is important to realize that this process is more like a marathon than a sprint, and to win you must stick with it and attempt to keep your head up.

These are only a few things I find clients struggling with everyday. At the our law firm, it's our goal to discuss these issues with our clients, and help them understand the importance of the end result we are all striving for - a favorable outcome.  For a free consultation, call 317-423-8888.

If your initial application for Social Security Disability Benefits has been denied and you disagree with this decision, you must file the following forms to keep the claims process moving forward:

• Request for Reconsideration (SSA-561-U2);
• Reconsideration Disability Report (SSA-3441-F6); and
• Authorization to Disclose Information to the Social Security Administration (SSA-827).

This is the first level of appeal after your initial denial. In simple terms, by filing these forms you are saying to the Social Security Administration (SSA) that they have made a mistake by not granting you Social Security disability benefits and they need to take another look at your claim.

It is important to note that the SSA states that you have 60 days from the date of the initial claim denial to file a Request for Reconsideration, although it's assumed that you received the letter five days after it was dated so actually you have 65 days.  If an Indiana claimant is untimely in filing the Request for Reconsideration within that allotted time, chances are he will be forced to start at the initial claim stage over again.  There are exceptions to this 60 day requirement.  If you can show good cause as to why you have filed late, you must supply the SSA with a reasonable explanation as to why the Request for Reconsideration is being filed late.

Filling the required forms is not difficult.  Once filed, a Disability Examiner evaluates the claim.  Social Security claimants should remember that the majority of these Requests for Reconsideration claims are denied and result at the hearing level in front of an Administrative Law Judge (ALJ).

Remember, Social Security's denial of your claim is not a personal attack on you.  The people who make these decisions do not know you or your case and most likely do not have all of the evidence they need to make a favorable decision.  It is your job to be diligent and stay the course.  It can be a long journey, but it is one Indiana claimant's can potentially win.  If Indiana residents need help filing these forms they can contact Indianapolis Social Security Attorney Scott D. Lewis.  Attorney Scott Lewis offers a free consultation and will help answer questions you have about the Social Security process.

What should a disability claimant expect when going to a Social Security disability hearing?   Indianapolis Social Security Disability Attorney Scott D. Lewis often tells his client's, "Do not expect it to be something you have seen on a television show."  Outlined below is a brief example of what Scott Lewis experiences when he is representing his Indiana claimants at the hearing level. 

Typically, the hearings office is a rather informal office and the hearing usually takes place in a small room.  As you arrive at the hearings office, you must check-in with the office and then you will take a seat until it is your turn. 

If you have an attorney representing you, when he arrives the attorney will review the claimant's file located at the Social Security office to ensure all of the exhibits he has submitted to the court have been properly placed in the file.  Once you are called into the hearing room, you may see several other people in the room.  This may include a medical expert, a vocational expert, a court reporter, and the Administrative Law Judge (ALJ).  The people present at the Administrative Hearing depends on the ALJ and the availability of the experts.  Occasionally, the ALJ will appear on video from another location rather than physically being in the hearing office.  After court formalities, you are sometimes questioned by the ALJ about your personal information and medical information concerning your disability(s).  After the judge is finished questioning the claimant, he typically turns to your lawyer and asks if there are any further questions.  The attorney will ask the client questions that may support his case.  Once the attorney has completed questioning the client, the judge may ask the Medical Expert for his opinion of your medical records. If the Medical Expert testifies that you are in fact disabled, it is possible that the ALJ may declare a favorable decision at that very moment. However, the Medical Expert may also say you have certain restrictions because of your disabilities.  At this point, usually your attorney has an opportunity to ask questions to the Medical Expert. 

The ALJ will then question the Vocational Expert, with the restrictions asserted, can the claimant do past jobs or any other jobs?  The Vocational Expert may say there are no jobs you can successfully perform and at that point the ALJ may find you disabled.  On the other hand, the Vocational Expert may say there are jobs that you can perform. At that point, the ALJ may let the Attorney ask questions to the Vocational Expert.  When necessary, the attorney attempts to get the Vocational Expert to state that there are no jobs that exist based on the restrictions and limitations you have due to your disability.  At the conclusion of the hearing you may or may not know if you have been found favorable on you Social Security Disability Claim.  If a decision is not made at the hearing, you will be notified by mail. 

It should be emphasized the aforementioned hearing process can and usually will vary from Judge to Judge.  The hearing process can be much more in depth and the process described above is only a bare framework of this procedure.
 
Much more goes into getting prepared for a hearing and being successful.  Attorney Scott Lewis focuses on Social Security claims.  Contact Scott Lewis at 317-423-8888 for more information regarding representation and the hearing process.

Indiana Social Security Administrative Law Judges are not alone when it comes to looking at a claimant's limitations because of their disability.  Your impairment or disability, and any related symptoms, may cause physical and mental limitations that affect what you can do in a work setting. These limitations are called Residual Functional Capacity (RFC).   An Administrative Law Judge (ALJ) is supposed to look at your limitations due to your disability.

To assess your RFC, the Social Security Administration (SSA) will look at all available medical evidence to determine what they believe your restrictions might be. The ALJ and the SSA will also consider statements and observations of your limitations by you, your family, neighbors, and friends.

The SSA will consider things such as, but not limited to:

• How long you can sit, stand, and walk;
• Your inability to lift or carry objects over a certain weight;
• Your inability to use your hands and/or limbs for grasping, holding objects and other repetitive motions;
• How long you can concentrate, and/or keep up with a task;
• Whether you can remember and/or understand instructions;
• Your inability to interact with others, or work under supervision; and
• Various other work related restrictions.

When you hire Indianapolis Social Security Attorney Scott Lewis, he understands how important a completed Residual Functional Capacity Assessment can be at the Administrative Law Judge Level. When this type of assessment is completed by your health care provider, Scott Lewis will strive to make sure it is brought to the Social Security Administration's attention and he will argue why your restrictions prevent you from being a productive employee in the work force.

Many people wonder if they can be found disabled because of side effects to their prescribed medications.  Some people have even given up on their Social Security cases because they thought that they could not be found disabled based solely on side effects to medications.  If you doubt that you can be found disabled because of side effects, do not give up!  Side effects can be disabling.

You may be familiar with the warning labels on the side of your medication bottles.  These warnings are very important because the side effects of some medications can cause problems in the work force.  It's not uncommon for Indianapolis Attorney Scott D. Lewis to ask his clients about their medications, the side effects of their medications, warnings and limitations caused by their medication. The clients' disabling conditions, coupled with the medications' side effects, can often lead to a "fully favorable" decision from the Social Security Administrative Law Judge (ALJ).

Often times, medications may cause drowsiness, inability to drive, nausea, or other side effects and may last for an extended period of time.  This alone may not necessarily be enough to get you disability but the side effects to your medication may be helpful in getting your disability claim approved.  Side effects to medications can always be considered in a Social Security disability benefit case.  In one particular case, a Vocational Expert ("VE") testified that the side effects of the medications caused the claimant to doze off two or three times daily for 10-30 minutes each time which would be enough to preclude any substantial employment.

One of the clearest examples of medication side effects is chemotherapy in cases of cancer.  This treatment saps your strength and can make you physically sick.  This is clearly debilitating and even disabling.  Is this enough to make you disabled?  That decision is up to a Social Security ALJ, but this side effect might give you a good chance of winning Social Security disability benefits. 

If the claimant is taking necessary medications, the Social Security Administration considers any side effects that these medications might have.  So, if one of your prescribed drugs makes you irrational, sleepy, unable to drive, unable to think clearly, unable to concentrate, or unable to remember things, this is important!  These details can make all the difference in your case.  If the side effects of your medications and disabling condition make it impossible for you to work, contact Attorney Scott Lewis to discuss your Social Security disability claim.

Are you discouraged with the waiting period for your Social Security disability claim?  You are not alone.  Thousands of Americans filing a claim for Social Security disability benefits are facing an extensive waiting period.  This poses quite a dilemma because, assuming, anyone filing for benefits is disabled and financially in need.  The average waiting period for a hearing is 24 months, during which a claimant in not working due to their disability or is employed but is not earning over $980 per month in 2009.  At the Indiana law office of Scott D. Lewis, Attorney at Law, LLC, Social Security Disability Attorney Scott Lewis understands that two years is a very long time to have little to no income with the burden of outstanding medical bills. Don't give up!  There are actions by the Social Security Administration (SSA) that are being taken to attempt to fix the problem. 

1. Open 10 new hearing offices
2. Establish 3 new National Hearing Center sites
3. Hire 157 additional Administrative Law Judges (ALJ)
4. Hire an additional 840 hearing office support staff
5. Hire 135 new administrative appeals judges & support staff

These targeted goals are in hopes that the average processing time at the Office of Disability Adjudication and Review (ODAR) will decrease to 270 days.  The Indianapolis hearings office is currently ranked with one of the longest waiting periods for hearings with a wait time exceeding 730 days.  The SSA reaching their proposed goals will be helpful to the Indiana area. 

Don't get discouraged and don't give up.  Call Attorney Scott D. Lewis of the Law Office of Scott D. Lewis, Attorney at Law, LLC, to get more information on the appeals process.  He focuses in Social Security disability claims and has the experience to help you with your claim.   

Are you currently employed but are considering filing for Social Security Disability Benefits because you are disabled?  Are you wondering if you make too much money at your job in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs? 

The Social Security Administration (SSA) has a multi-step questioning process in deciding whether or not you are disabled.  The first step in this process is to determine if the claimant is unable to engage in "Substantial Gainful Activity" (SGA).  SGA is defined as any activity that can be done for profit for a specified period of time.  This profit is the money earned from performing this activity and is limited by the SSA.  Do not misinterpret this definition as being "work related" activity but understand that this is any activity that qualifies and is based on the amount of money you have made, or could have made, from the activity. 

The SSA has a specific earnings guideline to determine if you are engaging in Substantial Gainful Activity.  The amount of monthly earnings considered as SGA depends on the nature of a person's disability (blind vs. non-blind individuals).  In 2009, the SGA amount for non-blind individuals is an average of $980 per month and for blind individuals it is an average of $1,640 per month.  If you earn more than these amounts, it's unlikely you will be considered disabled.  Every year, these amounts increase as there are increases in the National Average Wage Index.  When calculating your monthly earnings, you may be able to deduct certain Impairment Related Work Expenses that allow you to be able to work.  For the expenses to be considered an Impairment Related Work Expense, the expense must not be reimbursed, must be related to your disability, and needed in order for you to be able to work.

Contact Indiana Social Security Disability Attorney Scott D. Lewis to discuss your current and past employment earnings.  The Law Office of Scott D. Lewis, Attorney at Law, LLC can provide you more details regarding Substantial Gainful Activity as described by the SSA.

The Social Security Disability Insurance (SSDI) program pays benefits to qualifying disabled people or to their family members of those that have a qualifying work history and have paid Social Security taxes.  The Supplemental Security Income (SSI) program pays benefits to disabled adults and children that have limited resources and income.  SSI benefits are also available to adults over the age of 65 without disabilities who meet the financial limits established by the Social Security Administration (SSA). 

Indiana residents that become disabled should file an application for Social Security Disability Benefits with the SSA immediately.  An application for SSDI and SSI can be filed online at SSA's website, you can call the SSA at 1-800-772-1213 to set up an appointment, or visit your local Social Security Office to apply in person.  It may take several weeks before a decision is made regarding your applications.  

If approved, congratulations!  On the other hand, if you receive a "Notice of Disapproved Claim" from the SSA, don't become discouraged.  Statistics show that the majority of all claims are denied at the initial application.  Within 60 days from your denial, you must submit a request for reconsideration to the Social Security Administration.  If your request for reconsideration is denied, you have 60 days from that denial to request a hearing in front of an Administrative Law Judge.  It is important for you to stay within these deadlines or the SSA may force you to start the initial application process over again.  

If you have questions regarding this process, contact Indianapolis Attorney Scott D. Lewis for more details.  Scott focuses on representing Indiana area clients with their Social Security Disability claims after they have been denied.  He will continue the appeals process with you and represent you at your scheduled hearing in front of an Administrative Law Judge.  Scott will fight for what you and your family deserve. 

Over 55 million Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients will receive a one-time payment of $250.00, due to legislation signed into law on February 17, 2009.  Indiana social security recipients should expect to receive the payment no later than 120 days after February 17, 2009. 

Social Security Disability Income (SSDI) and Supplemental Security Insurance (SSI) beneficiaries need to take no action, as the payment will be made the same as monthly payments are currently being made to these recipients.  Indianapolis Social Security Attorney Scott D. Lewis believes that these checks are needed as those receiving social security benefits are some of the hardest hit by a troubled economy. 

Other provisions of this legislation include $500 million to help with the backlog in processing Social Security Claims and to help address the workload.  Also, another $500 million is for the National Computer Center.   As many residents and Indiana Social Security Lawyers are aware, the money is greatly needed to alleviate and help decrease the amount of time when awaiting a social security hearing.