Indiana Social Security Disability Lawyer Blog

Sometimes it is necessary to think about continuing, or postponing, your disability hearing.  As a disability attorney, I generally do not like to continue hearings.  Because the Administrative Law Judges (ALJs) have such crowded schedules, we have to wait a long time to get to a hearing, and rescheduling a hearing often means even more months of waiting before we finally get in front of the judge.  In my experience, most judges do not want to continue hearings either.  They want to keep things moving along quickly once a case gets to the hearing level. 

One reason an ALJ does not like to continue a Social Security disability hearing, especially on the day of the hearing, is because a lot of resources have been expended in preparing to hear the case.  Many hearings include vocational and medical experts paid by the Social Security Administration who have reviewed the case file and are ready to testify that day.  If the hearing is rescheduled, all of those experts will have to return to testify on another day. 

Why, then, would a judge consider rescheduling a hearing?  Oftentimes it is because the case file does not contain all of the claimant's medical records.  Your medical records are a very important part of your case because they provide hard evidence of your diagnoses, symptoms, and prognosis.  Without all of your records, the ALJ will not be able to get a complete picture of your medical conditions.  If all of your records are not available in time for the hearing, though, the ALJ will often proceed with the hearing, taking your testimony and the testimony of any experts present.  The judge will then hold the record open for a specific amount of time so that the additional medical documents can be furnished at a later date. 

In my experience, a continuance is the best option if important medical records have not yet been submitted and a medical expert is scheduled to testify at your hearing.  The medical expert's role at the hearing is to give his opinion about your impairments and your ability to work based on his review of your records.  If he does not have all the records available to him, his opinion may not reflect all of your impairments and symptoms.  In my office, one of the most important things we do is to make sure all of our clients' medical records have been submitted well in advance of their hearings.  However, sometimes we aren't able to get them all submitted in time, perhaps because our client did not provide information to us in a timely manner or because the medical provider was uncooperative with our request for records. 

Some ALJs do not have medical experts testify at the Social Security disability appeal hearing, and in my opinion it is not necessary to request a continuance of those hearings if all of the records are not submitted in time for the hearing.  These judges feel they can make medical determinations about your impairments and limitations without the testimony of a medical expert.  These judges use the hearing to take testimony from the claimant and the vocational expert, and then examine the medical records themselves to help them make a decision in the case.

Not having a complete medical file is not the only reason that may cause an ALJ to consider continuing a hearing, but in my experience as an Indiana disability attorney it is one of the most common reasons.  What can you do to help make sure your hearing is not continued?  Work closely with your attorney or representative to submit medical evidence in a timely fashion, and be as complete as possible when providing information about your medical providers.  Please note that the foregoing has been provided for your information only and does not constitute legal advice.  At the Law Office of Scott D. Lewis LLC my goal is to provide support, advice, and guidance to each of my clients as they navigate the long and sometimes confusing disability appeals process.

Are you nervous about your upcoming disability hearing?  When I talk to my clients before their hearings, one of the most common things they talk about is how anxious they are.  Many of them seem to be on the verge of an anxiety attack when they enter the hearing room.  I attempt to prepare my clients for this big day by letting them know what the atmosphere of the hearing will be like, the types of questions they will be asked, and what they should talk about (or not talk about) when they answer those questions.  I have seen some attorneys and representatives who do not prepare their clients for their hearings at all, or they do so in the waiting room right before the hearing.  It is my practice to speak with each of my clients a day or two before the hearing; we have plenty of time to prepare, but it's close enough to the hearing that the client will remember everything we talked about.  I usually spend between 45 minutes and an hour letting them know exactly what to expect at the hearing.  Of course, no matter how well-prepared we are, hearings can take many unexpected turns and there can always be surprises.  However, I know from experience how the majority of hearings are conducted and what issues are likely to arise, and I am able to explain to my clients what they should expect.

Fist, it is important to remember the hearing is supposed to be informal.  In other words, most of the Administrative Law Judges do not follow strict trial rules and procedures.  Does this mean you can talk out of turn and interrupt others at the hearing?  No; you still must wait your turn and be respectful.  Most judges give everyone an opportunity to talk, so I believe it is important to be patient until you are given the chance to speak.  In my experience, judges aren't really interested in your financial distress or in the fact that your neighbor down the street receives Social Security disability benefits even though he has nothing wrong with him.  The judge is focused on a single issue: how your disabling condition prevents you from working. 

I have appeared at hearings in front of Administrative Law Judges from all over Indiana and the United States.  When I prepare my clients for their hearings, I explain the three categories of questions asked by most of those judges:

• General questions.  These are usually the "easy" ones that you won't have to work too hard to answer.  However, it is very important that you answer them truthfully, even if the answer is a little embarrassing.  These questions include your name, age, height, weight, marital status, number of children, who lives with you, drug or alcohol use, and whether you have been arrested or incarcerated.  The judge may ask other questions in this area depending on the facts in each individual case.
• Job history questions. These questions are necessary because the Social Security Administration has to decide if you are able to perform your previous work with the disabilities you currently experience.  In making this decision, the SSA may only consider jobs that (1) you performed during the last 15 years and (2) lasted over three months. 
  
• Questions concerning your physical and mental impairments.  This is usually by far the most extensive line of questioning.  These questions can include the names and specialties of the doctors you see; your diagnoses; any surgeries or procedures you've had; any pain you might experience; your limitations on sitting, standing, walking and lifting; how your disabling conditions contribute to your inability to work; and how your disabling conditions prevent you from performing activities of daily living such as cleaning, shopping, bathing, dressing, and other activities. 
  

Does this list cover everything you can expect at your hearing?  Probably not, because all hearings are unique depending on the circumstances.  However, I have appeared at hundreds of hearings, and in my experience most hearings follow this outline.  When I prepare my clients for a hearing, I'm not just helping them get ready;  I'm making sure I am ready and have all the information I need to present a good case.  I do not want surprises at the hearing; I want to know what my client is going to say and why they are saying it.  In my opinion there can be good and bad ways to answer questions at your hearing, and a well thought-out explanation to the judge may help him better understand your disability claim. 

 

Yes, the Social Security Administration is supposed to consider your pain when deciding if you are disabled.  The pain you experience from standing, walking, pushing, pulling, lifting, and sitting may make it difficult, if not impossible, to perform substantial gainful activity.  Many of my clients are not able to focus or concentrate long enough to work because the pain is so severe.  If you do experience pain, it is important to regularly report the frequency and intensity of your pain to your physician.  The Administrative Law Judge (ALJ) may be skeptical about your complaints of pain if your medical records do not show that you have talked to your doctors about them.

Some of my clients suffering from physical disabilities tell me the pain they experience is simply too much to bear. They often enter an Indiana Social Security disability hearing prepared to let the ALJ know exactly what the pain is like on a day to day basis. As an attorney, I give my clients guidelines to help them explain their pain to the judge, and I urge them to be as truthful and straightforward as possible. Most of my clients listen to my advice, but sometimes, clients go into the courtroom and exaggerate their pain symptoms to an unbelievable degree.

Being honest about everything at your disability appeal hearing is very important, from explaining what you are physically able to do to describing the pain you experience. In most hearings, the judge or I ask the claimant to rate his pain on a scale from zero to ten, where a rating of zero is no pain, and a rating of ten is pain so severe that you have to go to the hospital. To my surprise, some individuals testify that their pain is at level ten on a daily basis. They usually say this after they have talked about the activities they do at home each day, and none of them talk about going to the hospital on a daily basis.  I do believe that some people may experience pain at a level ten and not be able to go to the hospital every time they do, but a judge is going to find it hard to believe that a person can experience pain that severe on a daily basis without being hospitalized regularly.

In my practice, I find that one of the best things I can provide to the ALJ to show that you are unable to work is a written statement from your doctor giving her professional opinion about the restrictions caused by your disabilities.  If your doctor says that you are restricted in sitting, standing, walking, or lifting, it can help show that you are unable to perform a full day of work activities.  Your doctor can also give his opinion about problems you may have pushing, pulling, and manipulating objects.  If your treating physician states that you would miss too many days of work each month due to your symptoms or your treatments, or that you are unable to work an eight hour day, or that you simply cannot work due to your disabling condition(s),  it may enhance your chances of winning your claim.

In summary, while good medical records can be the key to a successful outcome, I believe that your truthful testimony matters as well.  Be realistic about the pain you experience, and attempt to let the judge know the specific ways it impacts your life.  While the judge and I can look at MRI results and doctors' diagnoses, those records cannot adequately describe the pain you experience every day.  Your solid, credible testimony is the only way to let the judge know how your pain is disabling to you. 

Most of us have certain subjects that we are not comfortable talking about.  Sometimes at a Social Security disability hearing, you will be asked questions that make you uneasy.  Those questions can range from details of your personal life to symptoms of your medical condition, and everything else in between.  Indianapolis attorney Scott D. Lewis encourages each of his clients to be honest with the Judge during the hearing.  Your answers at your hearing may have a huge impact on the outcome of your case.

Your credibility may impact the Judge's decision about whether your conditions are disabling.  While you may have numerous medical tests diagnosing various severe conditions, tests in general cannot show the severity of the pain you experience.  To understand the severity of your pain, the Administrative Law Judge will often rely on your testimony about the type and degree of pain you feel.  Different people have varying levels of pain tolerance, and you are the only one who can explain to the Judge how your pain affects you.

It is important for claimants to realize that their medical records contain more information than medical diagnoses and treatment histories. For instance, your doctor often records information about your daily activities, such as whether you have been on vacation, working in your garden, or riding a bicycle.  So imagine that you are in your hearing and the judge asks you a personal question, and you think that an honest answer will lead the judge to believe that you are not disabled.  You may think the best thing to do is to give a dishonest answer so as not to jeopardize your case.  You may not realize, however, that the Judge already knows the answer to the question he is asking you because he has read about it in your medical records, and the reason he is asking the question is to find out whether you will tell the truth.  If you are willing to tell the truth even when it is not to your benefit, the Judge will be much more likely to believe you later when you tell him about the severity of your pain and the limits it places upon your abilities.  On the other hand, if you lie when you respond to the Judge's initial questions, and then later in the hearing you tell him that your pain is so bad that it brings you to your knees, don't be surprised if he raises his eyebrows at your testimony.

In some disability claims, the medical evidence is not persuasive enough by itself, and the outcome may rest on what you say at your hearing.  If you are honest when you answer the Judge's questions, you will not have to worry about explaining inconsistent answers.  Your hearing is held in private, and the answers you give at your hearing are being solicited solely to determine your disabling conditions.

Scott Lewis is an experienced Social Security disability attorney and has represented many of his Indiana neighbors.  Mr. Lewis handles claims for a wide variety of disabling conditions including cancer, depression, stroke, heart conditions, and diabetes, to name a few.  You can contact Mr. Lewis and his helpful staff by calling (317) 423-8888 for your free case evaluation.

At times Indiana Social Security disability appeals claimants are instructed at their hearings that the Administrative Law Judge (ALJ) is going to recommend a representative payee.  Individuals not accustomed to the terms commonly used at Social Security disability hearings may wonder what the ALJ is talking about and what effect it may have on them.  Indianapolis Social Security disability lawyers like Scott D. Lewis many times find themselves explaining to their clients what transpired in the court room and what the meanings of particular words are.

If you were at your Social Security disability hearing and the ALJ recommended that you be assigned a representative payee there can be a few reasons why this has happened.  In disability attorney Scott Lewis' experience the main reason a representative payee is recommended is that the ALJ believes you are unable to manage your own funds.  Many times this may be due to a mental condition that makes it difficult for the Social Security disability recipient to take care of their own money. 

While the individual receiving benefits may be able to designate someone as their representative payee, if the Social Security Administration does not approve of that individual, the SSA may appoint someone entirely different.  The Social Security Administration (SSA) usually looks to family and friends to be assigned as an individual's representative payee.  If family and friends are not available the SSA may look to various organizations to help in this capacity.

If you have been denied Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits you can contact Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  Mr. Lewis has experience with Social Security disability appeals and understands what Indiana residents are going through.  Call (317) 423-8888 and talk to Mr Lewis and his staff and receive your free consultation.   

There have been some recent reports of a possible Office of Disability and Review (ODAR) policy regarding the non-disclosure of the Administrative Law Judge (ALJ) presiding over your pending hearing until the date of the hearing.  Indianapolis disability attorney Scott D. Lewis believes that this type of "blindfolding" attorneys and their clients can only make the disability process even more frustrating and slow. 

Why could this potentially be a problem?  Experienced Social Security disability attorneys like Scott Lewis represent individuals numerous times in front of the same Administrative Law Judge and become accustomed to exactly what that particular Judge is looking for at the hearing.  To help create and ensure judicial efficiency, Mr. Lewis attempts to prepare his cases in a manner for particular Judges that will cut right to the main issues that particular Judge may focus on.  While most of Mr. Lewis' case files are prepared in a similar fashion, there are times that when Mr. Lewis knows a certain Judge has been assigned to a claim, Mr. Lewis focuses on certain documents he knows a Judge will closely analyze.

Why is this happening?  The only reason put forth thus far is that attorneys are "shopping" Judges.  When a video hearing is scheduled, the representative or claimant has the ability to deny such a hearing and request to be in front of an Administrative Law Judge in person.  Without pointing fingers, one could argue while certain attorneys are shopping Judges, we must also consider why there is a particular item no one wants to buy.  It could be asserted that this is a two way street. 

In the end who gets hurt?  Mr. Lewis believes good prepared qualified attorneys and Judges and above all claimants will find this decision only muddies the waters on a long drawn out and  sometimes confusing process.  Indianapolis Social Security disability attorney Scott Lewis believes preparation is one of the keys to a successful Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim.  If you have questions concerning your disability claim, contact Mr. Lewis and his staff today for your free case evaluation at (317) 423-8888.

When you leave your Social Security disability appeal hearing you may scratch your head and wonder what exactly just happened.  Indianapolis Social Security disability lawyer Scott Lewis, at times, can give his clients a pretty good idea of what just transpired in the hearing room.  Mr. Lewis represents hundreds of Indiana Social Security disability claimants each year and has found there can be some signs during a Social Security disability hearing that may indicate an Administrative Law Judge (ALJ) is leaning one way or another regarding the decision in your appeal.  There are a few factors that may help determine what the outcome will be.

Who was your Administrative Law Judge (ALJ)?  Administrative Law Judge approval percentages on Social Security disability claims can be all over the board.  Some Judges may approve a very small number of claims, while other Judges may approve a large percentage of the claims they preside over.  Indiana Social Security lawyer Scott Lewis has represented his Indiana neighbors in front of all of the current Administrative Law Judges in the Indianapolis ODAR office and usually has a pretty good idea how often they find individuals disabled.  Also, there are statistics put out by the Social Security Administration (SSA) showing the approval rates for Administrative Law Judges. 

What did the Medical Expert (ME) testify to at your hearing?  Medical experts are sometimes used at Social Security disability hearings.  These experts are supposed to analyze the medical records in your Social Security disability file to determine what your medical condition is, whether or not you meet one of Social Security's Listing of Impairments, and what your limitations may be related to your mental or physical condition.  Some Administrative Law Judges do not use medical experts, but if they do, at times they can rely heavily on their testimony.  It is important to remember even if there is a medical expert at your hearing the Administrative Law Judge does not have to agree with the expert and may make an independent judgment regardless of the testimony of the medical expert.

What did the Vocational Expert (VE) say about  jobs you could perform?  If there is a vocational or "job" expert at your hearing, which in Mr. Lewis' experience there usually is, you may hear testimony about what your past jobs entailed and whether or not you can perform other types of employment.  A Job experts testimony is usually taken toward the end of your hearing and they are generally asked based on certain restrictions and limitations you suffer from due to your disabling condition(s) whether you can perform your past work or any other work.  The vocational expert's testimony can be important at your disability hearing because the primary question in adult disability hearings is whether or not you can work.

Taking into consideration all of the above mentioned factors, Mr. Lewis usually tries to give his Indiana Social Security disability clients a good idea of which way the outcome is headed.  It is important to remember though that no matter what has transpired before, during, or after your hearing finding a favorable decision in you mailbox may be the only sure way to know you have won your claim..  If you have questions regarding your Indiana Social Security disability claim or are confused and frustrated with the process you can contact Mr. Lewis and his staff for a free case evaluation.  Contact Mr. Lewis at (317) 423-8888 today for your free consultation! 

When getting ready for your Indiana Social Security disability hearing, you may be wondering  just what the atmosphere will be like and how the questioning will go.  Indianapolis disability lawyer Scott Lewis attempts to prepare all of his clients for what they may expect during the course of their Social Security disability appeal hearing.  Although all Administrative Law Judges (ALJs) may be different, the general framework of the questions usually remains the same.

You may be familiar with courtroom television shows and perhaps are expecting a very rigid line of questioning following strict court rules, you may be surprised to find a more informal setting at your disability hearing.  At times these hearings often resemble more of a conversation than a strict guideline of rules and procedures that make it difficult for you to follow.  Many times, the judge will simply ask you questions and then when he/she is finished, they will let your attorney or representative cover any issues they feel are important or have been overlooked.

Because most judges do not follow strict trial rules, many times an attorney can ask questions that may appear leading in order to expedite the hearing process.  Most hearings are scheduled for one hour or less.  If an attorney was required to lay a foundation for every question being asked, a hearing could last for a very long time and with the huge backlog of Indiana Social Security disability claims this could have a large impact on wait times for others seeking their day in court.  Indianapolis Social Security disability lawyer Scott Lewis believes this type of judicial inefficiency is not advantageous to the Social Security disability process and can only muddy the water when attempting to get important testimony out in a timely fashion. 

Indiana Social Security disability attorney Scott Lewis believes Administrative Law Judges that provide latitude in questioning, Social Security disability claimants only help to establish a fair and speedy hearing process.  Indiana Social Security disability claimants waiting such a long period for their hearing only to find themselves muzzled at such an important day may feel they have been treated unfairly.  For the most part, the Social Security disability claims process and its Administrative Law Judges should be commended for holding hearings in a manner consistent with a fair and expeditious setting in mind.

If you are struggling with a Social Security disability claim or simply have questions about fling a claim, you can contact Mr. Lewis and his staff for a free case evaluation.  Contact Mr. Lewis and his staff at (317) 423-8888 and discuss your case with Mr. Lewis today.  

Social Security disability applicants that have been denied disability benefits have the right to appeal that decision made by the Social Security Administration (SSA).  As an individual goes through the stages of appeals, he/she may eventually find him/herself in front of an Administrative Law Judge (ALJ).  Indiana hearings are heard at one of the Office of Disability Adjudication and Review (ODAR) locations. 

Most states have more than one ODAR location.  According to the SSA, there are currently 10 regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and 1 national case assistance center. There are approximately 1,300 administrative law judges and 7,000 support staff in the field organization. Additionally, administrative law judges may travel to other sites such as local Social Security offices to conduct hearings if needed or appear by video at your location.

In addition to the stated above, the SSA may use other facilities throughout the state to conduct the hearing. Don't be surprised if you are scheduled for a hearing at the Social Security Administration office, a conference room at another facility or in a hotel or bank. Regardless of the location, the ALJ that presides over the case will still review the evidence, listen to the comments made by your disability attorney, and hear testimony from medical or vocational experts.

The ODAR Chicago Region services residents in the six state area comprised of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.  Indiana residents will find their hearing scheduled at the location closest to their home.  Indiana Social Security disability attorney Scott D. Lewis finds himself traveling throughout the state of Indiana to represent disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  If you have been denied disability benefits or if you cannot work due to a disabling condition, contact Indiana Attorney Scott Lewis for a free case evaluation.  Mr. Lewis and his staff will gladly discuss your disability claim with you.  Call (317) 423-8888 for your FREE consultation.

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.

Indiana disability claimants who have endured a lengthy wait for their disability hearing should not be surprised to find themselves staring at their mailbox waiting for a decision to arrive.  Indianapolis Social Security disability attorney Scott Lewis receives many calls from his clients asking why it takes so long to find out whether or not they have won or lost their Social Security disability appeal.  Mr. Lewis understands it can be a frustrating wait when the bills are due and families are having a difficult time putting food on their tables.

There is always a possibility there is still work to do on your Social Security disability claim after you leave the courtroom.  Perhaps the Administrative Law Judge (ALJ) is not through reviewing your case.  All Judges conduct hearings differently and some take testimony first and then look deeper into the medical documentation to make a decision.  If there were no experts at your hearing, the Judge may want to ask questions regarding employment to a vocational expert after the hearing has concluded. On the other hand, some Administrative Law Judges have made a decision during the hearing or as soon as you walked out the door.   

There can be other reasons for a lengthy wait. It may be a problem of too much workload put on Administrative Law Judges and their staff.  Considering the large number of claims that are backlogging the hearing offices, it would not be too far fetched to think they are having a difficult time keeping up.  Indianapolis disability lawyer Scott Lewis deals with numerous hearing offices and has noticed some offices are simply slower than others.  With that being said, there are certain judges that seem to work at break neck speed to get decisions out.  It is important to remember though that the Administrative Law Judge is not the only one that has a hand in getting the decision to the claimant.

So what can you do to speed up the process?  In Indianapolis disability attorney Scott Lewis' experience unless you are required to comply with another medical examination or submit additional medical documentation the judge has requested there is not much else you can do.  You can only hope the Judge in your claim is being thorough and making a fair decision based on the medical evidence and your testimony.

Scott Lewis is local Indianapolis disability attorney who strives to achieve the best outcomes for his Indiana disability clients.  Mr. Lewis offers a free case evaluation by calling (317) 423-8888.  If you have a disability that prevents you from working call Mr. Lewis and his staff for your free consultation.

Indianapolis disability attorney Scott D. Lewis believes one of the most important aspects of his job is to advise his clients as to what they can expect during a Social Security disability hearing.  While Social Security Administrative Law Judges (ALJs) may have varying formats in the way they run the hearings, a general theme usually guides their line of questioning.

Disability lawyer Scott Lewis finds the questioning generally falls into three categories and these include: 

• General questions
• Job related questions 
• Medical questions

General questions most likely the easiest questions for the claimant to answer.  Questions concerning your name, address, age, marital status, number of children you have,  height, weight, right or left handed, and even the type of home you live in.  Why does the Social Security Administration care about these things?  Remember, the facts always matter.  If you testify you are unable to take care of yourself, but also testify you have three young children you care for, the Judge may not put as much weight into the testimony that you are unable to care of yourself.  Sound fair? Maybe not, but it is important to remember there is usually a legitimate reason for every question you are being asked.

As for job related questions, usually the Social Security Administrations is only concerned with jobs you performed over the last fifteen years that lasted over three months.  Okay, so now you're thinking, "I have had so many jobs that it's going to be hard to remember one I performed fifteen years ago."  Well, the judge at your hearing may have a printout of your past occupations and through a line of questioning can usually help you remember your past relevant employment.  Also, at some hearings a vocational expert or "job expert" may be present and possibly has already examined your job history to determine relevant employment.  The reason the judge is concerned with your past employment is to determine whether you can return to that line of work with your disabilities.

Medical related questions is the big one and it usually dominates the amount of time spent on questioning at your hearing; exactly how your physical or mental impairments prevent you from working your past jobs or any other jobs in the economy.  These questions can include, but are not limited to, who your treating physician(s) are and what kind of treatment you are receiving.  Questioning may also include things such as how your physical condition puts restrictions on your ability to stand, sit, walk, lift, use your hands and/or legs for repetitive actions, and also the effect of pain which may reduce your ability to focus and concentrate on job related tasks.  Questions concerning a mental disability may include your inability to leave the home, inability to focus or concentrate, and extreme fatigue, among other questions.  Remember, there are two parts to every Social Security disability hearing: medical records and your testimony.

The above information is the experience of Indiana Social Security disability attorney Scott D. Lewis and other attorneys or representatives may have different views concerning these topics, but in Mr. Lewis' experience these are the three general areas covered at Social Security disability hearings.  It should also be noted that not all judges conduct hearings in the same manner; some may skip certain areas or add other questioning.  Disability lawyer Scott Lewis believes being prepared for the line of questioning you may receive at your hearing is the best way to avoid any surprises you may encounter on your hearing day.

If you have an upcoming Social Security disability hearing or you simply would like to discuss your initial Social Security disability claim, contact Mr. Lewis for a free case evaluation. Indianapolis disability lawyer Scott Lewis is an experienced disability attorney providing legal representation for disabilities such as back pain, heart disease, diabetes, depression, bipolar disorder, and many other conditions.  Call (317) 423-8888 for a free consultation.

Indiana Social Security lawyer Scott Lewis has noticed a few changes concerning the waiting period for getting your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing.  Has the wait time for your Social Security disability hearing been reduced?  Mr. Lewis is not so sure there is a clear cut answer to this question. 

The Indianapolis Indiana Social Security disability hearing office has been attempting to get the number of days you have to wait for your hearing down to a manageable number.  The use of video hearings with Administrative Law Judges (ALJ's) from other states presiding over the hearings held at the local Indianapolis office has seemed to make a dent in this huge backlog at times.  Although it is surprising to find an Indiana Social Security disability claimant to be at a video hearing within 12 months of their date of application, while in the next video hearing room an individual has waited for 30 months, there seems to be little explanation for why this discrepancy exists.  This can make it very difficult for Mr. Lewis to give his clients a good idea of when they might find themselves at the hearing office. 

There have been reports that while the Social Security Administration is taking measures to reduce the backlog, it is actually growing.  If this is indeed the case, the Social Security Administration may need to hire even more Administrative Law Judges and open more hearing offices.  Perhaps more concentration on finding individuals disabled in the earlier stages of the application process could be an answer.  Mr. Lewis knows one thing for sure: the individuals suffering the most from a hearing backlog are those disabled claimants who are unable to provide for themselves and their families.

If you have questions concerning your Social Security disability claim contact Indianapolis Social Security disability attorney Scott Lewis for your free case evaluation.  Mr. Lewis can help with the application process and represent you at your Indiana Social Security disability hearing.  Call (317) 423-8888 and speak with Mr. Lewis today! 

Times are changing and with advances in technology and an increase in Indiana Social Security disability claims it may be a good thing depending on your perspective.  If you have been waiting on a Social Security disability appeals hearing in Indiana you just might find yourself in a hearings office staring at a television monitor.  Does that sound impersonal?  Well, the Social Security Administration says you have a choice if you notify them in time so that you can be heard in person.  Indianapolis Social Security disability attorney Scott Lewis believes there can be advantages and disadvantages to a video hearing.

So what can be a potential advantage?  You may get in front of an Administrative Law Judge (ALJ) sooner by accepting a video hearing.  Indiana disability lawyer Scott Lewis receives numerous calls from his clients during the long waiting process and the majority of his clients state they are in financial turmoil because they are unable to work and support their families.  The thought of turning down a video hearing and waiting for an in-person hearing with an unknown date often makes this an easy decision for these individuals struggling to put food on the table. 

Indianapolis Social Security disability attorney Scott Lewis believes there can be potential drawbacks to video hearings.  One major drawback can be that the Administrative Law Judge is unable to clearly assess your disability through video teleconferencing.  This may be due to the fact the ALJ cannot see that you entered or exited the hearing room in pain and difficulty.  In Mr. Lewis' experience at times there can also be difficulties with the audio equipment.  The audio equipment may cut in and out and there are many  times there is a delay in picking up the person's voice that can cause individuals to talk over each other.  Individuals should remember technology does have its drawbacks.

Indiana Social Security disability attorney Scott Lewis has represented Indiana disability claimants in numerous in-person and video teleconferencing hearings and has had success in both settings. If you are looking for Social Security disability representation contact Indiana attorney Scott D. Lewis for your free case evaluation.  Call (317) 423-8888 for your free consultation and discuss your claim with Mr. Lewis. 

Feeling lucky?  Sometimes an Indiana disability appeal claimant will ask Indianapolis disability attorney Scott Lewis if he/she can select a judge to hear their Social Security disability appeal.  His answer is "No, you pretty much get who you are assigned."  What does that mean to you?  Indianapolis attorney Scott Lewis tries his best to prepare his clients to be ready for the judge that will hear their case.  If your Social Security disability attorney or representative has been in front of a certain judge before they will probably know better how to prepare you for your hearing.

Social Security Administrative Law Judges are people just like you and me.  While they are all trained to conduct the Social Security disability hearings in a particular fashion, many judges craft their own style of hearing.  In the Indianapolis Office or Disability Adjudication and Review (ODAR), there are a variety of personalities of judges and with an entire floor now devoted to video hearings with judges from various states it can make for a very wide viewpoint of how the disability hearing process should be conducted.  But, make no mistake, as an adult attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments the question is whether or not you can work. 

So your Indiana Social Security disability hearing is scheduled and you finally know who your Administrative Law Judge (ALJ) will be, so what is next?  Indiana disability attorney Scott Lewis attempts to let his clients know what type of questions their particular judge is most interested in, how detailed your answers should be, and in general the framework this judge will use in conducting the hearing. 

It is also important to understand the judge's claim approval rating in which can vary greatly.  For example, some Administrative Law Judges (ALJs) deny a majority of the claims they decide, while others may approve a majority of the claims they decide. In Indianapolis disability lawyer Scott Lewis' experience, one of the best things you can do when confronted by a judge who regularly denies most of the Social Security claims he/she hears is to be prepared.  The claimant should make it hard for a judge to deny you.  It may be helpful in your claim to continue seeing your physicians on a regular basis, following prescribed treatments and medications, and by being honest about how your mental or physical condition(s) prevents you from working. 

If you are interested in knowing more about the hearing process or need assistance with your Indiana Social Security disability claim, contact attorney Scott Lewis for your free consultation.  Disability attorney Scott Lewis sees a wide variety of disabling conditions including cancer, emphysema, depression, diabetes, schizophrenia, and many other conditions.  Contact Mr. Lewis by calling (317) 423-8888 for your free case evaluation!