Indiana Social Security Disability Lawyer Blog

In the past couple of years, the Social Security Administration (SSA) had high hopes to improve the wait time for disabled individuals to get a hearing in front of an Administrative Law Judge (ALJ).  Because there was such a large number of backlogged disability appeals waiting to get a hearing date, the SSA's proposed goal was to improve the Social Security appeals system by hiring more ALJ's to hear cases, add more hearing centers, and implement technologies that would make it easier to process more hearings across the nation. With these intended plans, the SSA did not foresee the significant budget cuts that would later disrupt these proposed plans. Unfortunately, the backlog of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) appeals has not decreased; as a matter of fact, it appears that the number of disability appeals has grown since this initial plan.

In 2011, a study shows that a lack of resources, combined with an increased number of SSDI and SSI claims filed, may be having an impact on the wait time for a hearing. Statistically, the study showed that the number of appeals nationally still pending in the current year was 735,660.  In the 2010 fiscal year, the number of individuals waiting for a hearing was 705,367.  As you can see, there is a significant increase in applicants waiting for a hearing from last year.

Although there is an increase in the number of backlogged cases, the average wait period for an individual to get in front of an ALJ has decreased from 514 days in 2008 to 369 days in 2010. So regardless, the SSA has been able to improve the wait period from 2008 to 2010.

Unfortunately it is very difficult for a disabled individual to get a hearing scheduled faster than other disabled individuals.  Although, there may be measures that a disability claimant can take in order to increase their chances of being approved for benefits during the initial stages of the claims process, therefore avoiding the need for a lengthy disability appeal.

Some individuals may find it beneficial working with a qualified disability attorney during their initial stages of the claims process.  Statistically, individuals represented by a Social Security disability lawyer, or qualified representative, may help a disability applicant improve their chance of getting an approved Social Security disability claim. The initial application process takes an average of three to six months.  At the law office of Scott D. Lewis, Mr. Lewis and his staff assist disability claimants with filing their appeal after they have been denied.  It is important to provide the SSA with appropriate medical documentation supporting your disability claim.  Attorney Scott D. Lewis is an experienced disability lawyer who takes great pride in assisting individuals who are unable to work due to a disabling condition.  If you filed for disability benefits and you have been denied, contact Indianapolis Attorney Scott Lewis for a free consultation.  Don't be discouraged by the appeals process, appealing your denied claim just might get you what you deserve.  Call (317) 423-8888 today for your free case evaluation.

Scott D. Lewis is an Indianapolis Social Security disability attorney and has experience with Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims from start to finish.  When a Social Security disability claim is found favorable it generally sets into motion a chain of events that hopefully will result in a payment to the disabled individual.  Indiana disability attorney Scott Lewis advises his clients on what to expect in the event of winning their claim, but usually cautions them to not get ahead of themselves and concentrate on winning the disability claim first.

So what happens after you receive a notice in the mail that you have won your disability claim?  If it is a Supplemental Security Income (SSI) claim you can probably expect a phone call from the Social Security Administration to determine what resources you have among other factors to determine how much your monthly benefit will be.  The SSI program is basically a "needs" based program and how much the Social Security Administration determines you need through a formula that is used will determine how much you will receive. Once that is determined an award letter is generated detailing how much your payments will be, when they will start, and how much of a back payment is due if any.

If you are entitled to Social Security Disability Insurance benefits you will probably not be contacted by the Social Security Administration (SSA).  The formula used for computing your payments is based on your work history.  This can usually be computed by the Social Security Administration without your assistance.  Resources are generally not an issue for computation purposes.  Once again, an award letter is generated telling you how much your payments ill be, when they start, and how much of a back payment is due if any.

Your award letter also contains information regarding government health care and other issues, so it is important to read all correspondence from the Social Security Administration carefully as some items are time sensitive.  Most of the letters sent by the SSA contain toll free telephone numbers and other contact information if you have questions regarding your Social Security disability benefits.

Indianapolis disability lawyer Scott Lewis helps Indiana residents with a variety of disabling conditions including arthritis, coronary artery disease, diabetes, depression, and anxiety among other impairments.  If you are struggling with your Indiana Social Security disability claim or simply have questions about filing a disability claim contact Mr. Lewis and his staff today.  Mr. Lewis provides a free consultation by calling (317) 423-8888.

You have received a denial from the Social Security Administration (SSA) for your Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and you had sixty (60) days to appeal this decision. In Indianapolis Social Security disability attorney Scott Lewis' experience, this is an all too familiar scenario.  As some Indiana disability claimants experience, sixty (60) days may not seem like a whole lot of time and passes by before you know it causing you to miss the deadline set forth by the SSA to file an appeal. All SSDI or SSI claimants' that have been denied disability benefits have the right to appeal that denial decision. As stated above, disability claimants have sixty (60) days from the date of the denial letter to file an appeal. Although, the SSA takes into account that the appeal period begins with the date of the denial notice, so they allow five additional days for the mailing time of the denial notice. Basically, this means that any disability applicant who receives a disability denial has five (5) extra days, for a total of sixty-five (65) days, to get their appeal to Social Security. In order for an appeal to be timely it must be in the Social Security office of jurisdiction on the sixty-fifth day from the date of the notice of denial.

Disability claimants that want to file an appeal have a few ways to file the appeal. Appeals can be filed the following ways:

• Online at the Social Security Administration's website at www.ssa.gov, 
• Mail in paper appeal forms, or
• You can go to your local SSA office and file your appeal in person.

It really does not matter which method you choose, just make sure to complete all necessary forms and return any requested forms by the deadline date. Disability claimants that are represented by a disability attorney (or representative) should contact their disability lawyer immediately when they receive their denial letter so that he/she can file your SSDI or SSI disability appeal on the claimant's behalf.

What happens when a disability claimant misses the Social Security disability appeal date deadline? This depends upon the Social Security Administration's claims representative who receives your appeal request. It also depends on how late the appeal is, and the reason your appeal was filed late.  If a claimant has "good cause" for filing their appeal late, the SSA just may allow the appeal request to be granted.   

According to Social Security guidelines, good cause for a late filing can be granted for some of, but not limited to, the following reasons:

1. The most commonly cited reason for filing a late appeal is that the claimant did not receive the denial notice.  
2. Claimants with a mental illness or physical limitations may find it difficult to keep up with the paperwork or be unable to complete the necessary forms in a timely manner.
3. Some disability claimants are not able to complete the appeals paperwork due to a language barrier or illiteracy.

Indianapolis Social Security disability lawyer Scott Lewis identifies the above are just some of the reasons an individual may have filed their appeal late. Once you discover that you have missed the appeal deadline for whatever the reason, you must provide the Social Security Administration with a written statement as to why you were late in filing your appeal. There are no guarantees that the SSA will accept your late appeal, but it may be worth the attempt. If the SSA does not grant "good cause" for the late filing, you will have no other choice but to file a new initial disability claim and start the applicaiton process from the beginning. In disability lawyer Scott Lewis' experience, some Administrative Law Judges (ALJs) are not very flexible with late filing for hearing requests and they have the option to dismiss them without what they believe is good cause.

If you think that you may have a problem filing your disability appeal timely, you may want to consider hiring a Social Security disability attorney or representative to file your appeals for you.  At the law office of Scott D. Lewis, Mr. Lewis and his staff strive to assist clients in filing their appeal in a timely manner.  Regardless of your disability, remember that it is your right to appeal the decision made the SSA so you can fight for what you deserve.  Disability lawyer Scott Lewis offers a free consultation to review your disability claim.  Call (317) 423-8888 for your free case evaluation.

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!

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! 

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 Lawyer Scott D. Lewis has noticed in the recent past more Attorney Advisor favorable decisions. Indiana disability appeal claimants may ask what is an Attorney Advisor. An Attorney Advisor gives support to an Administrative Law Judge (ALJ) in the form of technical and legal help. This can help process Social Security disability appeals claims in a more time efficient manner.

Social Security Attorney Advisors may help an Administrative Law Judge research and formulate a decision.  Social Security Attorney Advisors should have expertise in the areas of Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) in order to help the ALJ make an informed accurate decision regarding Social Security disability benefits. 

Indianapolis Social Security disability attorney Scott Lewis often receives telephone calls from Attorney Advisors inquiring about his Indiana and Indianapolis Social Security disability clients. Some of the information an Attorney Advisor might request or inquire about may include:

1. More medical evidence.  At times a Social Security disability Attorney Advisor may want additional medical records either concerning a physical disability or a mental disability.  The Social Security Attorney Advisor may be on the verge of approving your Social Security disability claim, but may be missing an essential document(s) to approve the disability claim. 
2. Amending an onset date.  Many times the Social Security disability Attorney Advisor is willing to approve your Social Security disability claim, but wants to change the date you say you became disabled.  The Attorney Advisor is essentially saying the medical evidence does not support your earlier date of onset, but he/she is willing to award you Social Security disability benefits if you are willing to change the date you became disabled to a later date. 

While there are other items an Attorney Advisor may want to discuss with an Indiana Social Security Disability Attorney the above two items seem to be the most common in Social Security disability attorney Scott Lewis' practice.  In Indiana Social Security disability Lawyer Scott Lewis' experience a call from an Attorney Advisor is usually a good thing for his Indiana disability claimants.

If you have been denied Social Security disability benefits or are considering filing a Social Security disability claim or Social security disability appeal, you can contact Scott D. Lewis for a free consultation.  Social Security Disability Attorney Scott D. Lewis handles cases involving depression, bipolar disorder, cancer, carpal tunnel syndrome, diabetes, and many other disabling conditions.  Call 317-423-8888 and discuss your Social Security disability case with Mr. Lewis and his staff today! 

Indianapolis Social Security Disability Attorney Scott D. Lewis represents Indiana Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits claimants with their pending claims. Initial disability claims may be filed at a local Social Security Administration (SSA) office, by calling the SSA's toll free phone number, or visiting the SSA's website.  Although it may be discouraging to claimants to hear that some sources report 70% of all claims are denied at the initial application, Scott Lewis encourages his clients to continue to fight for their disability benefits by appealing the SSA's decision to deny their claim. Statistically, continuing the appeals process may be beneficial to 70-80% of all claims that were initially denied.

What's the downfall to appealing your claim?  Disability Lawyer Scott Lewis would say that it is the time period the Indiana SSDI and SSI claimants have to wait in order to get a hearing in front of an Administrative Law Judge (ALJ).  Attorney Lewis advises all of his claimants to "not give up" and continue with the disability appeals process.  Because of the "back log" of disability cases in the state of Indiana, Indianapolis Social Security disability claimants may find themselves waiting two years before they are in front of an ALJ for their disability hearing. 

What does a client do when they are waiting for a hearing in front of an ALJ?  Continue to be patient, keep your Social Security Lawyer informed, continue to visit with your doctors, and do not become discouraged.  As frustrating as it may be, when Attorney Scott Lewis wins his clients claims, often his clients will get a lump sum payment from the SSA for the time that they have waited to get a disability hearing.  Even though the wait may be long, many Indiana Social Security disability claimants find that they have no choice but to fight the SSA's initial decision because the claimant cannot work to provide for their family.  

The Law Office of Scott D. Lewis is a law firm that represents Social Security disability claimants throughout the appeals process. Attorney Scott Lewis and his staff will attempt to help you obtain and complete the appropriate paperwork to file your appeal, collect medical records, and meet the required deadlines set by the Social Security Administration.  Attorney Scott Lewis travels throughout the state of Indiana and various other states practicing Social Security disability law.  If you find yourself disabled because of back problems, heart problems, mental disorders or any other disabilities that prevent you from working, call Scott Lewis today.  If you are disabled and you have been denied SSDI or SSI benefits, call Scott Lewis for a free consultation regarding your disability claim appeal at (317) 423-8888.