Recently in Hearings Process Category

December 22, 2011

At My Indiana Social Security Disability Hearing The Judge Said I Need A Representative Payee, What Does That Mean?

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 bedollar sign.jpg 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.   
December 20, 2011

Indianapolis Social Security Disability Attorney Scott Lewis Comments on Possible New Hearing Policy

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.
November 9, 2011

Social Security Disability Attorneys In Indianapolis May Be Able To Give You A Good Idea Of Whether Or Not You Won Your Claim

confused.jpgWhen 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! 

October 24, 2011

Are There Trial Rules at Social Security Disability Hearings?

no talking.jpgWhen 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.  

October 14, 2011

Indiana Social Security Disability Hearings Office

Thumbnail image for gavel.JPGSocial 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.

September 27, 2011

How Long is the Wait for a Social Security Disability Benefits Hearing?

clock.jpgIn 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.

September 21, 2011

Why Does It Take So Long To Receive A Decision After Your Social Security Disability Hearing?

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.   

slow.jpgThere 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.

August 19, 2011

Indianapolis Social Security Disability Benefits Lawyers May Be Able to Give You A Good Idea Of What To Expect At Your Appeals Hearing

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.

question mark computer.jpgThe 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.

July 15, 2011

Are Indianapolis Social Security Disability Hearing Wait Times Shrinking?

arrows.jpgIndiana 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! 
June 23, 2011

Indianapolis Social Security Disability Hearings Office Holds Numerous Video Hearings

paperwork.jpgTimes 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. 
May 11, 2011

Your Social Security Administrative Law Judge (ALJ) and the Luck of the Draw

deck of cards.jpgFeeling 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!

April 25, 2011

Will The Judge Tell Me If I Won Or Lost At The End Of My Indiana Social Security Disability Hearing?

So you have waited quite a long time for your upcoming Social Security disability hearing and think you will finally get an answer to your appeal.  Well the truth is, you probably have another waiting period to endure before you receive a decision in the mail.  Indianapolis Social Security attorney Scott D. Lewis often gets asked by his clients when will they find out if they have won or lost their Indiana Social Security disability appeal.  There are a few different scenarios that can take place at the conclusion of your Social Security disability hearing.

mailbox.jpgIf you are one of the lucky few, the Administrative Law Judge (ALJ) may make a bench decision.  After a  judge hears testimony, if he/she believes the claimant is disabled, he/she can make a fully favorable bench decision.  In Indianapolis disability attorney Scott Lewis' experience a bench decision can speed up the time it takes in processing a disability claim.  The Administrative Law Judge usually reads into the record his/her reasons for granting the disability claim.  Some judges make bench decisions on a routine basis when granting claims, while other judges rarely, if ever, use bench decisions.  So what happens if you are not a lucky recipient of a bench decision?  You shouldn't think you have lost your disability claim because there are other ways judges decide disability claims.

Many judges do not make the decision on your disability claim the day you are in court.  Although almost all Social Security disability hearings have a similar theme, many judges decide claims using a different process.  Some Administrative Law Judges will have already looked over your file before the hearing.  These judges then get testimony from the claimant and then make a decision.  Other judges may not have looked at your record at all before the hearing and first take your testimony before looking at medical documentation.  Mr. Lewis believes you can usually tell if the judge has looked at your record prior to the hearing based on the questions the judge asks the Social Security disability claimant. 

If the judge does not give you a bench decision, a determination is mailed to you and your representative/lawyer after the hearing.  This process can take months and can seem even longer when you are awaiting a decision that impacts you and your families lives on such a large scale.  Mr. Lewis receives many calls during this waiting period from clients asking if the process can be made shorter.  Unfortunately, at this stage it is in the judge's hands and a disability claimant can only wait to find the decision in their mailbox. 

Will the Administrative Law Judge tell me if I have lost my disability claim at the hearing?  In Mr. Lewis' experience this has never happened, unless the issue is not concerning the disabling condition.  A claim could be dismissed due to failure to meet filing deadlines or  other non-medical reasons.  Indianapolis disability attorney Scott Lewis has attended numerous hearings and usually can tell his clients what their chances are after leaving the courtroom.  It should be noted however, there are no guarantees.  It is ultimately the judge's final decision.

So will you know if you have won or lost your case at the conclusion of your hearing?  Don't count on it.  Odds are you will receive a written decision in  the mail months after the hearing takes place.  If you have questions concerning your Indiana Social Security disability claim you can contact Mr. Lewis for a free case evaluation.  Mr. Lewis deals with claimants who have a wide variety of disabling conditions such as fibromyalgia, diabetes, depression, heart disease, schizophrenia, and many other conditions.  Call (317) 423-8888 for your free consultation!   


April 18, 2011

Will I Have To Talk At My Indiana Social Security Disbility Hearing?

Indiana residents waiting on a Social Security appeals hearing may find themselves anxious  and worried about what will happen when they enter the courtroom.  Indianapolis disability attorney Scott Lewis is often asked by his clients whether or not they will have to speak at the hearing.  Mr. Lewis advises his clients that they probably will have to speak at the hearing, but at the same time they should expect to be prepared for what kind of questions they will be asked.

As an Indiana Social Security lawyer, Mr. Lewis believes it is a very important part of his job to prepare his clients for the hearing.  Although no Administrative Law Judge (ALJ) is exactly the same, there is usually a general framework of questions that are asked of each client.  Indianapolis attorney Scott D. Lewis lets his disability clients know they are usually asked personal questions, job related questions, and medical questions.  Mr. Lewis believes your answers are sometimes judged as to whether you are credible.  In other words, are you believable, are you telling the truth, and are you exaggerating how much pain you are in. 

Indiana Administrative Law Judges conduct numerous hearings every year and some can be pretty slick in the way they question you and may even try to trick you into making contradicting statements.  It is important to tell the truth and do not overstate the problems you are experiencing.  If you are honest and realistic about the problems you are experiencing then you will not have to worry about the credibility of the statements you make.  The pain you experience is usually not something a test can measure, so your own opinion of your pain is all an Administrative Law Judge can count on. 

talk.jpgIndianapolis Social Security attorney Scott Lewis believes a good attorney will let his clients know what questions will be asked at an Indiana Social Security hearing.  Mr. Lewis believes a simple yes or no answer is not always the best answer.  When it comes to pain for instance you may want to answer with what the pain feels like, how often you feel it, and if anything relieves the pain.  A simple "yes" I have pain in my back may not be sufficient. 

So will you have to speak at your hearing?  Probably yes, but wouldn't it be easier if you knew the type of questions before the hearing?  Mr. Lewis hopes his conversation with you before the hearing may take away some of the anxiety you may be experiencing.  Your day in court may not be the most pleasurable day you have had, but hopefully it will not be full of surprises.

Indiana disability lawyer Scott Lewis offers a free consultation and can be reached by calling (317) 423-8888.  Mr. Lewis handles a wide variety of claims including autism, spinal problems, heart disease, epilepsy, depression, and diabetes just to name a few.  Indianapolis Social Security disability lawyer Scott Lewis does not charge a fee unless he wins your disability claim.  Call today! 
April 11, 2011

How Long Will I Have To Wait For My Social Security Disability Hearing?

There is still a tremendous backlog of individuals waiting for an Indiana Social Security disability hearing. Indianapolis disability lawyer Scott Lewis spends much of his day explaining to current and future Social Security disability clients that they are in a long line waiting for their day in front of an Administrative Law Judge (ALJ). Statistically your chances of winning your claim go up when you finally enter a courtroom to present evidence in front of an ALJ, but the Social Security Administration (SSA) is not going to pay your bills during this long wait.

clock.jpgSo exactly how long does it take to get your disability hearing in Indiana?  It depends on a variety of factors.  The Indianapolis Office or Disability Adjudication and Review (ODAR) is currently one of the more lengthy waits if your hearing is in Indiana.  There are other hearing offices throughout the state of Indiana that are quicker to get you your day in court.  Can you pick where you have your hearing?  No, it is assigned a location depending on where you reside. 

Is there any good news on the horizon?  Things MAY be looking up. Indianapolis Social Security disability attorney Scott Lewis has noticed a decrease in the wait time in some cases.  In the recent past,  Mr. Lewis would tell his disability appeals clients the wait was generally running 18 - 24 months from the date they requested a hearing until they would actually see a judge.  Lately, Mr. Lewis has seen individuals receive a Social Security disability hearing in 12 months after requesting a hearing.  

Does this mean your hearing will be within 12 months of the day you requested it?  Probably not.  Many factors determine your hearing date including what Administrative Law Judge you are assigned, whether you have an in person or a video teleconference hearing, and other factors. Indianapolis disability lawyer Scott D. Lewis believes the best thing you can do during this wait is to be prepared.  Continue to see your medical professionals as needed and keep attorneys or representatives like Indiana disability lawyer Scott Lewis informed of your situation.

If you would like a free case evaluation concerning your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim contact Mr. Lewis at (317) 423-8888 today!

March 9, 2011

Where Will My Indiana Social Security Disability Hearing Be Held?

Indianapolis disability attorney Scott Lewis travels throughout the state of Indiana and various other states to represent Social Security disability claimants at their Social Security disability hearing.  Due to various reasons, he is able to practice Social Security disability law in many different geographic locations.  At times, when one of his Indiana Social Security disability claimant moves, Mr. Lewis will travel to another city or state to remain as his or her client's disability case representative.  Many Indiana Social Security disability claimants may wonder where exactly will their disability hearing take place as they are approaching their hearing date.  Once the hearing date is established by the Social Security Administration (SSA), the disability claimant will be notified in writing by the SSA of the date, time, and location of their hearing in front of an Administrative Law Judge (ALJ). 

The Office of Disability Adjudication and Review (ODAR) is in charge of conducting hearings and giving out disability benefit decisions in determining if an individual is eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Currently, ODAR has 10 regional offices, 161 hearing offices (including 7 satellite offices), 5 national hearing centers, and 2 national case assistance centers.  There are approximately 1,300 Administrative Law Judges (ALJs) in the field organization. ALJs may travel to other sites such as local Social Security offices to conduct hearings if needed.

In most cases, Social Security disability claimants will be assigned the hearings office or location closest to their listed residency.  In order to find the ODAR office closest to you, visit ODAR's website.  The Indianapolis ODAR hearings office is located in downtown Indianapolis.  This hearings office services Social Security fields offices for Anderson, Bloomington, Columbus, Indianapolis Downtown, Indianapolis Northeast, Indianapolis West, Kokomo, Muncie, and Richmond. 

Disability Attorney Scott Lewis frequents the Indianapolis ODAR hearings office and several other locations throughout the state of Indiana.  Many of his disability clients reside in the Indianapolis area and outlining areas throughout the state of Indiana.  Many times, when a one of Mr. Lewis' clients moves to another city or state, Mr. Lewis will continue his representation by traveling to the hearings office the claimant's case has been transferred to.  Indiana Social Security Attorney Scott Lewis offers a free consultation to disability claimants.  If you or someone you know has been denied SSDI or SSI benefits, call Mr. Lewis at (317) 423-8888 for your free case evaluation!