Indiana Social Security Disability Lawyer Blog

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

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

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

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

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

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

As an Indiana Social Security disability attorney, Scott D. Lewis often find himself explaining to his clients what his role is in their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim. It may be the clients best interest to understand what his/her Social Security disability lawyer does for them. Seeking an attorney to represent you can be an easier task if you understand what the role of your attorney actually is.

 When a claimant gets denied Social Security disability benefits, the claimant has the right to appeal that unfavorable decision. A claimant may choose not to seek the advice of a Social Security disability attorney or representative until the claimant receives their initial denial. Those seeking disability often times retain the services of a lawyer after their initial denial and when asking for a "request for reconsideration" or when requesting a hearing in front of an Administrative Law Judge (ALJ).  Although some claimants may choose to go to their hearing without representation, many statistics show having a much higher success rate when a claimant has representation.

A Social Security disability lawyer's basic job is to figure out what has gone wrong with the client's claim and attempt to resolve those problems. An experienced attoney will review the inital claim, along with medical and non-medical evidence collected by the SSA, to determine why the claim was denied. The lawyer will also attempt to work with your doctors to get additional medical records that may support your disability claim. It is important to ensure that your Social Security file is complete with up-to-date medical records to help achieve a favorable outcome.

Attorney Scott Lewis and his staff always attempt to work closely with their clients throughout the appeals process. Scott offers a free consultation to qualified claimants that contact his office to discuss their claim. Scott Lewis strives to stay in contact with his throughout the long drawn out process. Mr. Lewis takes great pride in the fact that he or his staff promptly returns his clients phone calls and makes full attempt to be courteous of their needs. Attorney Scott Lewis would gladly discuss his success rate wtih disability claims before taking on your claim.

If you have been denied Social Security disability benefits and you want to appeal that decision, call Indiana Attorney Scott D. Lewis for your free consultation at (317) 423-8888 to discuss your claim.

Are you an Indiana resident that has appeared in front of an Administrative Law Judge (ALJ) for your Social Security disability benefits hearing? Like most claimants, learning the terminology used by the Social Security Administration (SSA) can very confusing and difficult to understand. Indianapolis Social Security Disability Attorney Scott D. Lewis always attempts to assists his clients with any confusion that they may have during the appeals process.

Once you have had your hearing, the SSA will send you a notice with their decision. Claimants will receive a letter stating one of the following results:

• fully favorable;
• unfavorable;
• partially favorable; or
• dismissed.

The claimant's ultimate goal is to receive a fully favorable decision.  This means that you have won your claim and should receive the past due and monthly Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits that you deserve. 

The next best hearing result would be a partially favorable decision.  This decision means that the ALJ believes that you are disabled and unable to work but did not find you to be disabled on the date that you alleged that your disability began.  The reason for a different onset date can sometimes be attributed to the medical evidence not substantiating the date that you believe that you became disabled.  Lawyer Scott Lewis advises his clients to read this notice carefully because you may lose some of your past due benefits.  If the ALJ found the evidence of your disability to be strong enough to give you a favorable decision but decided that your disability onset date was different than what you alleged, the ALJ will determine the date of your disability and give past due payments based on that date.  If the ALJ decides that your onset date (the date you became disabled) is after your date of last insured, you may only qualify for SSI benefits.  This doesn't mean that a claimant will never get SSDI benefits with this decision, it may all depends on the onset date determined by the judge. 

Some claimants will receive a notice stating the result is an unfavorable decision.  Unfortunately, this means that you have lost your claim.  An unfavorable decision can be appealed to the Appeals Council.  Scott Lewis advises that if you decide to appeal your unfavorable decision, you may want to consult an attorney.  The appeals process can be very complicated and may require careful attention.  A qualified Social Security disability lawyer may be able to properly assist you in this process.

If you received a notice stating that your claim has been dismissed, there may be several reasons for this decision.  Some dismissals are determined because the claimant did not show up for their hearing and the court was not satisfied with the reasons for not appearing at the hearing.  You must show good cause to the court when missing your hearing.  Other reasons for a dismissal may be that the SSA has discovered that your claim has already been decided on the same issues with the same facts.  You cannot file a claim that has already been decided.  On the other hand, if you believe that you are not re-filing a previous claim or you believe that you did show good cause for missing your hearing date, you may appeal the SSA's decision with the Appeals Council.

If your initial claim for Social Security disability benefits has been denied, you must take the appropriate steps to get a hearing in front of an Administrative Law Judge.  Attorney Scott D. Lewis can help you through this process and fight for the benefits that you deserve.  For a free consultation, call Scott Lewis at (317) 423-8888.

Indiana Social Security disability claimants often experience frustration when attempting to get Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Claimants may feel aggitated by the repetitive paperwork that they are required to complete in order to file a claim, the lack of communication with the Social Security Administration (SSA), and finally, the painstaking waiting period.

Because most disability claimants wait to file their claim until they are desperate for money, the waiting period to get a hearing may seem incredibly long.   The fact is that the waiting period to get a hearing is long!   Many Indiana residents can wait years before getting a hearing in front of an Administrative Law Judge (ALJ) after filing their claim.

The Social Security Adminstration may claim the backlog is caused by lack of funds, lack of workers, increasing caseload, and difficult-to-prove disabilities such as depression and anxiety. Recent records indicated the number of disability recipients has more than doubled since 1990.

As of October 2009, the Office of Disability Adjudication and Review (ODAR) reports that hearing level processing times and the number of pending cases show improvement in the 2010 fiscal year.  The pending number of cases dropped for the past ten months having the lowest ODAR pending number since February 2008.  Currently, the average processing time is 441 days which is the lowest processing time since April 2005. The SSA's goal is to reach a processing time of 270 days.  Indianapolis processing time averages 622 days ranking at 139 out of 143 hearings offices. 

What is making the improvement in the processing time and pending cases?  The SSA has hired 8,600 new employees in the 2009 fiscal year.  This included 147 new ALJ's and more than 1,000 ODAR support staff.  This increase in workforce allows faster processing times.  The SSA plans on hiring an additional 226 ALJ's in the 2010 fiscal year.  By the middle of 2010, the SSA plans to open seven new hearing offices across the nation.  Fortunately, this increase in hearing offices include Indiana. 

Even with $500 million in federal stimulus money, the disability program will take years to catch up on the hearing backlog. In the meantime, be patient, your day in front of an ALJ will hoepfully come. 

Indianapolis Disability Lawyer Scott D. Lewis understands your frustration with the claims process.  If you would like to discuss your claim with Scott Lewis, call (317) 423-8888 for a free consultation.

Indiana residents filing a claim for Social Security disability benefits may find themselves answering many questions when they finally appear in front of an Administrative Law Judge (ALJ).  The quality and credibility of your testimony may have a big impact on the outcome of the hearing.
While there is no one answer on how to give testimony at a Social Security disability hearing, there have been few things that I have experienced as Indianapolis Social Security Disability Attorney that clients should be aware of when addressing the ALJ. 

I advise my clients to always be honest when testifying.  Many Administrative Law Judges have done hundreds if not thousands of Social Security disability claims hearings and can typically detect when a claimant is not being truthful.  Some judges may try to catch a disability claimant that is trying to tell a lie by asking questions that often lead the client into contradicting their previous testimony.  So, it is my belief that honesty is always the best policy.

Stay focused.  If you are being questioned about your "back" impairment, try to stay on that subject.  The other impairments you experience will hopefully be covered through more questioning.  It is important to elaborate on your disability, letting the judge know how it interferes with your life, the severity of the pain you experience, and the side effects the medications may have on you, among other things.  It's critical that you get this information across to the judge.  

Inform the judge of the things that you cannot do. Many people do not want to admit they have a disability that hinders their ability to do daily activities.  When attempting to obtain disability benefits, at times you will need to swallow your pride.  If you need help with daily activities such as grooming, laundry, cooking, etc. it is important to inform the judge of these difficulties.  This is no time to pretend you are a superhero when you are not.  Remember, you are at the hearing to prove that you are disabled so take that opportunity to share the facts.

Always remember that the judge is trying to decide if you can work.  Don't let non-supportive information become your only reason for wanting disability benefits.  The fact that it is a bad economy and that is why you cannot find a job has nothing to do with your disability.   Additionally, the judge does not want to hear that you don't understand why you can't get disability when there is a neighbor receiving Social Security benefits and there is nothing wrong with him. At the hearing, it is about you and why you cannot work due to your disability.

Be likable.  The judge is a person just like you.  I am not saying to go out of your way to compliment him on his robe, but attempt to come across as someone that, at a minimum, he might be able to identify with.  With that being said, he or she does understand you may be in pain or have a mental illness, but I believe it may hinder your chances of winning if the judge cannot wait for the hearing to end because of what he or she perceives as an attitude problem.   

I believe these are just a few helpful tips when appearing before an Administrative Law Judge.  These are only based off of my experiences and other attorneys may have other ideas regarding the same issues.  If you would like to discuss your Social Security disability claim, contact my office at (317) 423-8888.

Indianapolis Social Security Disability claimants often ask if the Social Security Administration (SSA) will always have experts testify at their Administrative Law Judge (ALJ) hearing.  In simple terms, the answer is "no, not always."  There are multiple reasons why an expert may not testify at the disability hearing.  Some ALJ's simply do not use a Medical Experts (ME) or Vocational Experts (VE).  Other ALJ's may use one expert but may not use the other expert.  Although the reasons vary, some reasons could include the availability of these experts and whether or not the ALJ has already looked at your case and may decide you are getting a favorable decision before you have even walked through the door. 

Many experienced Administrative Law Judges feel that they can make a fair decision based on the claimant's testimony and the medical records.  Hopefully, they have looked thoroughly at the claimant's medical records and will come to a fact based decision as to what the limitations are regarding the claimant's disability.  Once the ALJ has established the limitations, they consider whether the claimant can perform their past employment, or with the restrictions determined, whether they can perform other employment.

Are your chances of winning your disability claim better if there are no experts?  In Indianapolis Social Security Disability Attorney Scott D. Lewis's opinion, probably not.  While expert testimony can help lay out the framework for a decision, most Administrative Law Judge's are going to go through the same process without the aid of expert testimony.  An attorney representing you in your disability claim should be ready for the presence of experts and have an appropriate line of questions ready if needed.

If you have questions regarding your Social Security Disability claim, contact Attorney Scott Lewis for a free consultation at (317) 423-8888.

Finally, your Social Security Disability claim has been scheduled for a hearing in front of an Administrative Law Judge (ALJ) and you have been told it is a "video hearing".  Most Indianapolis Social Security Disability claimants may wonder what a video hearing is and why are they scheduled to have one? 

Video hearings are hearings where the judge is at a different location from the claimant and will appear on a large colored television screen at your location.  The judge is able to speak, hear, or see anyone at the hearings office location.  The Social Security Administration (SSA) states that your privacy is protected and the hearing transmission is done in a secure manner.  A video hearing consists of the same elements as hearing in person.  The video hearing is not video taped but the SSA does make an audio recording.  At the local hearings room, there will be the claimant, a court reporter, and if the claimant desires representation, a Social Security Disabiltiy Attorney or representative.  Sometimes a medical expert and/or a vocational (job) expert may testify at the hearing. 

The Social Security Administration (SSA) believes that using video technology may be a faster way to get a hearing, may be more convenient, and also may be more efficient.  The Indianapolis Social Security Hearing's Office is currently one of the most backlogged hearings offices in the country.  Many video hearings take place in Indianapolis due to the tremendous backlog.  

While it might be true that video hearings may be a way to expedite your social security disability case heard by a judge, there may also be some drawbacks.  A hearing held in front of a judge rather than by video may be more personal.  This may give the judge the opportunity to actually look at the claimant in close proximity enabling the judge to assess the claimant's physical or even mental disability by being able to directly observe the claimant in person.  This could include the way the claimant may struggle entering and/or exiting the hearing room, facial gestures associated with pain, or even credibility associated with face-to-face contact. 

Although there are many advantages to video hearings, it should also be recognized that this type of hearing may take away the personal contact that may be needed to adequately assess a person's physical or mental disability.  Having a hearing in front of an ALJ, may be beneficial when it comes to the need for credibility and allowing closer physical observation.  The ALJ may take into consideration any objections that you may have to a video hearing.   

Indiana Social Security Disability Attorney Scott D. Lewis has experience in representing clients at hearings in front of a Social Security Administrative Law Judge in person and video hearings.  If you have any questions regarding the Social Security disability claims process, contact Scott Lewis for a free consultation at (317) 423-8888.

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.