How does the Social Security Administration evaluate back pain? 

Disorders of the spine include the following impairments:

• Degenerative disc disease
• Osteoarthritis
• Herniated nucleus pulposus
• Spinal stenosis
• Spinal arachnoiditis

In Indianapolis Social Security Disability Attorney Scott Lewis's experience, he finds that most claimants have difficulty obtaining SSDI or SSI benefits for chronic back pain at the initial stages of the claim.  Scott advises that if you have been denied disability benefits at the initial level or reconsideration level, to continue to pursue your claim.  Often, the claimant will have a higher chance of being awarded disability benefits when they appear in front of an Administrative Law Judge (ALJ) at a disability hearing.  Because back pain is so common among claimants, it is extremely important to have supportive medical documentation regarding your disorder. It's even more important to prove that your back pain is causing more than the mild to moderate discomfort that is common among everyone at some point.  The claimant should prove that their condition is severe and it prevents the claimant from performing simple jobs that require sitting. 

Some ALJ's may look for the following when reviewing your claim:

• MRI reports showing evidence of problems in your back (such as disk issues with nerve root impigment);
• Evidence tat the claimant's back problems cannot be corrected with surgery;
• The claimant has been referred to a pain managment physician; and
• The claimant has a solid work history.

If you are experiencing chronic back pain and you have been denied Social Security disability benefits, fight for what you deserve.  Just remember, to possibly win your claim, meeting the Listing of Impairment 1.00 Musculoskeletal Disorders may be helpful and proving that your disabling condition has limited your functional capacity for work. 

It should be noted, that if an individual does not meet the listing for Musculoskelatal Disorders, the disability claimant may find himself winning their claim due to decreased physical functional capacity. 

Call the law office of Scott D. Lewis, Attorney at Law, LLC at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

For example, if the Administrative Law Judge (ALJ) decided that the claimant became disabled on April 15, 2009, after the five month waiting period, benefits would begin on October 1, 2009.

Another example, if the claimant filed for disability on January 1, 2009, but alleged to be disabled since May of 2007, if the ALJ finds that the alleged onset date is correct, he is only allowed to grant an onset date 17 months prior to the filing date. So in this case, the actual onset date would be August 1, 2007. After the five month waiting period, this particular claimant would begin benefits on January 1, 2008.

There are a few exceptions to this waiting period. Claimants that were previously entitled to disability beneftis and their disability benefits ended, but then they became disabled again within 5 years of their benefits ending, they would not need to exercise the waiting period. There is no waiting period for claimants that filed for Supplemental Security Income (SSI) benefits or for claimants that are entitled to Childhood Disability Benefits.

If you are disabled and meet the disability insured status requirements for benefits purposes, you should expect to wait 5 months before your benefits begin. You are not entitled to benefits during this waiting period.

If you or someone you know has filed a Social Security disability claim and has been denied, contact Attorney Scott Lewis for a free consultation at (317) 423-8888. Scott is an experienced Social Security disability lawyer that would gladly discuss your Social Security disabiltiy claim with you. Call now!

Does major depression keep you from getting and/or keeping a job?

One of the first questions that a claimant may want to ask themselves is "Can I do a simple unskilled job, or do my depression symptoms keep me from doing this type of work?" If your depression prevents you from doing even simple unskilled jobs, you may be eligible for disability payments. In reality, it is not quite that easy because the SSA is going to want detailed medical information documenting your condition.

The best scenario to win your Social Security disability claim would be an ongoing relationship with a qualified health care provider. At the law office of Scott D. Lewis, Attorney at Law, LLC, Lawyer Scott Lewis finds that a psychiatrist or psychologist is usually the most helpful in these types of claims. If the health care providers have detailed descriptions of how your depression affects you in everyday life and prevents you from carrying out normal activities of daily living, this can greatly enhance your chances of receiving SSDI or SSI benefits.

One of the ways a claimant may win a Social Security disability case for depression is to meet the SSA's Listing of Impairment, 12.04 Affective Disorders. This listing deals with depression. Just a few items that the SSA may look for may include:

• Sleep disturbance
• Psychomotor agitation or retardation
• Anhedonia or pervasive loss of interest in almost all activities
• Hallucinations, delusions, or paranoid thinking
• Suicidal thoughts
• Concentration/thinking difficulty
• Decrease in energy

Another way of possibly winning a disability claim for depression may be proving that you have functional limitations that prevent you from working.  For example, you cannot be relied upon to perform a job when you have too many unexcused absences from your job due to depression or if you are taking unscheduled breaks at work to deal with your depression.  At the hearing level, many job or Vocational Experts (VE) will agree that a person with such limitations cannot perform jobs in the economy.

Finally, a claimant may find that they can receive a favorable outcome when the depression combined with other impairments prevents them from performing substantial gainful activity (SGA).  While the claimants depression may not raise to the level of severity as described in the listing of impairments, if combined with other disabilities, the SSA may consider you disabled.

In summary, Indiana Attorney Scott D. Lewis encourages his clients with depression to have a good relationship with their health care providers and fully describe how depression affects them so that their condition can be treated and clearly identified.  Contact Scott Lewis at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

Have you won your Social Security disability claim but are still waiting for your first disability payment? 

Realistically, a claimant will only know when their payment is coming when it actually arrives in the mail. In Scott's experience, there are many inconsistencies when claimants receive their first monthly payment or their back pay payment from the Social Security Administration (SSA). He often sees claimants receive their payment within 60 days of being approved but some claimants have to wait months and months before receiving their first payment. Don't be too surprised if you receive the back pay deposited in your account before you receive your decision from the SSA.

Indiana claimants may wonder what causes this inconsistency in payments. Although it is difficult to understand the delay, it may be because back pay payments are not processed at the same Social Security office where a Social Security Disability Insurance (SSDI) benefits claim is initially processed.   SSDI payments are handled at "Payment Processing Centers" which are often located at states other than the one the claim is initiated.  Additionally, it's only stating the obvious that there are large amounts of payments to process at the processing centers which may cause delays. 

As frustrating as it may be, be patient because your payment should arrive.  If you have successfully made it through the claims process, waiting a little while longer should be worth it when that first payment arrives.  If you have been denied Social Security disability benefits and would like a free consultation regarding your claim, call Attorney Scott Lewis at (317) 423-8888. 

 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.

A person with Crohn's disease may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If you are an Indiana Social Security disability claimant with Crohn's disease, it's most likely necessary that you meet the Social Security Administration's criteria in order to qualify for disability benefits. The Social Security Administration (SSA) evaluates Crohn's disease in their "Listing of Impairments," Section 5.00 Digestive System; Section E. Claimants with Crohn's disease may qualify for Social Security disability benefits if he/she has the following:

• Persistent and recurrent intestinal obstruction causing abdominal pain, nausea, vomiting, etc.
• Persistent and recurrent systemic manifestations (such as iritis, arthritis, fever or liver dysfunction)
• Intermittent obstruction due to intractable abscess
• Body weight loss

Although it may be very difficult to get disability benefits for claimants with Crohn's disease, it's not impossible.  Claimant's that can prove their disability is severe may have better luck in getting approved for disability benefits.  It's important to have good medical evidence supporting your claim.  Many claims may be denied for claimants that are not following prescribed therapy for their Crohn's disease.  You must meet the SSA's criteria for Digestive disorders for at least 12 consecutive months or expected to last at a level of severity for 12 consecutive months.

If you would like to discuss your disability claim with an Indianapolis Social Security Disability Attorney, call Scott D. Lewis for a free consultation at (317) 423-8888.  Lawyer Scott Lewis can help you fight for the Social Security disability benefits that you deserve!

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 claimants with heart disease or other cardiovascular impairments may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The SSA defines Cardiovascular Impairments in the Blue Book "Listing of Impairments," Section 4.00 Cardiovascular System.  According to the SSA, Cardiovascular Impairments are any congenital or acquired disorder that affects the circulatory system or the proper functioning of the heart.  The circulatory system includes the veins, arteries, capillaries, or the lymphatic drainage.  Heart impairments result from one or more of four consequences of heart disease:

1. Chronic heart failure,
2. Pain or discomfort due to myocardial ischemia,
3. Central cyanosis due to reduced oxygen in the arterial blood or pulmonary disease, or
4. Syncope (or near syncope) due to lack of cerebral perfusion from any cardiac cause.

When filing a Social Security disability claim for heart (cardiovascular) disorder, it is important to support your claim with sufficient documentation.  Supply the SSA with detailed history reports, physical examination records, laboratory testing results, and prescribed treatment or medication.  This medical documentation should allow the SSA to assess the severity and duration of your impairment. 

The SSA has categorized Cardiovascular System impairments in the Listing of Impairments.  Some examples of cardiovascular impairments that are defined on the SSA's website are:

• Chronic heart failure
• Ischemic heart disease
• Recurrent arrhythmias
• Symptomatic congenital heart disease
• Heart transplant
• Aneurysm of aorta or major branches
• Chronic venous insufficiency
• Peripheral arterial disease

Many individuals attempting to get Social Security disability for heart impairment(s) consult Indianapolis Attorney Scott D. Lewis about problems that they experience.  Many claimants have had heart attacks and other cardiovascular events that have rendered them unable to work.   Individuals with medical records showing stent placement, pacemakers, and other medical devices used to stabilize or improve the medical condition may still find themselves unable to secure gainful employment.  Some common problems affecting those with heart impairments may include but are not limited to shortness of breath and finding themselves tired throughout most of the day.  While these medical procedures may help in ensuring an improvement in heart function, many claimants seeking disability still experience problems in their activities of daily living. 

If your heart disorder prevents you from working, you may qualify for Social Security disability benefits.  Indiana Social Security Disability Attorney Scott D. Lewis offers a free consultation at (317) 423-8888.  Call now!

So, if it is determined you meet the qualifications for Social Security disability benefits, also known as Title II benefits, your children may be entitled to dependent's benefits. Dependent benefts can also known as auxiliary benefits. Generally, children under the age of eighteen, or if they are between eighteen and nineteen and are still a full time student in elementary or secondary education, are eligible for these dependent benefits. Other factors for eligibility of these children may include:

• if you are indeed the child of the insured,
• whether you are actually a dependent of the insured
• if the child is unmarried, and
• that you have actually applied for these benefits.

There are also provisions for disabled children relating to the continuation of benefits. If all of the above applies to your situation and you are not receiving auxiliary benefits for your children, it is important that you contact the SSA to see if you qualify. Remember, when you are attempting to receive disability benefits for yourself or your children it may be helpful for you to be proactive instead of inactive.

If you or your child are attempting to receive disability benefits and are interested in speaking with an Indiana Social Security Lawyer contact Indianapolis Attorney Scott Lewis for a free consultation at (317) 423-8888.

Chronic pain resulting in the inability to perform any type of Substantial Gainful Activity (SGA) may result from many different disabling conditions such as back problems, fibromyalgia, and migraines, are only a short list of examples.  One of the problems with pain is that it is subjective, and only the claimant experiencing the pain can describe its disabling effects.  Often one person's pain threshold may be very different from another person's perception of chronic pain.

It is important for Indiana disability claimants to describe their chronic pain in detail.  Let the Social Security Administration know its limiting effects on your ability to perform activities of daily living and your inability to secure gainful employment.

The Social Security Administration (SSA) does recognize pain as a disabling condition, but relies on two specific court cases to establish that the pain must be so severe by itself, or combined with other impairments that the Social Security disability claimant cannot perform any substantial gainful employment.  With that being said, the SSA can sometimes be quick to dismiss a Social Security claimant's complaints of pain.  It seems that they can even make this denial with good medical source documents from qualified doctors who have adequately recorded the chronic pain the patient has experienced in the past and is now experiencing.

So what can you do?  See your doctor and explain to him or her in detail the pain you are experiencing.  Also explain to the SSA and your lawyer the pain you experience and how it effects you in everyday life.  Remember, good medical records can be key in obtaining Social Security disability benefits. 

Attorney Scott D. Lewis has experience with Indiana residents who suffer from chronic pain.  Contact Indianapolis Disability Lawyer Scott Lewis at (317) 423-8888 for a free consultation.

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.

When a claimant has a question regarding the status of their claim, it is best for the claimant to contact the DDB because the DDB examiners evaluate and process the claims.  This should not be confused with the claims representative that works for the Social Security Administration.  Claims reps do not examine or evaluate the disability claims.  Many times, a claimant or the claimant's attorney may be contacted by the DDB to answer some additional questions to assist in processing the claim.  Additional information may include:

• Activities of daily living such as how you perform yard work, prepare meals, shopping, and if you care for pets
• Personal hygiene
• Drug and/or alcohol use
• Additional physician information
• Where you live or who you live with

Claimants usually have 10 days to respond to the DDB's questions.  A claimant may ask the DDB for an extension to answer these questions.  The DDB is where all claims are reviewed and resolved in the initial claim level and the reconsideration level.  It's typical that most of the claims reviewed by the DDB are denied at these levels.  If a claimant appeals the DDB's decision, the claim will be heard in front of an Administrative Law Judge (ALJ).  The ALJ will decide whether the claimant qualifies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

Scott D. Lewis, who is a practicing Indianapolis lawyer, finds that even though additional information is supplied to the Disability Determination Bureau, the claim is still denied.  However, Attorney Scott Lewis still beleives that it is important to furnish the additional information that the DDB requests and hopes that you may be one of the lucky few who are approved during this stage.

If you have been denied Social Security disability benefits, call Indianapolis Lawyer Scott D. Lewis for a free consulation regarding your claim at (317) 423-8888.  Scott Lewis will fight for what you deserve!

In order to meet the listing and qualify for SSDI or SSI benefits for diabetes, the claimant must prove a diagnosis of diabetes mellitus with the following:

• Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities;
• Acidosis occurring at least on the average of once every 2 months documented by blood chemical test;  or
• Diabetic retinopathy (significant loss of visual acuity or loss of peripheral vision).

Even though diabetes is a serious medical condition, it is not uncommon to be denied Social Security disability benefits for this impairment alone.  Many times individuals seeking disability can receive a favorable ruling due to a combination of impairments if the diabetes alone does not arise to the listing level. 

Indianapolis Social Security Disability Lawyer Scott Lewis often finds that his clients suffering from diabetes mellitus are also experience neuropathy.  Clients with neuropathy often complain of numbness & tingling in their feet creating difficulty standing for even short periods and numbness & tingling in their hands that can sometimes result in the inability to grasp and hold items.  Most occupations require the use of your hands for even unskilled labor, an Administrative Law Judge (ALJ) may find that there is no gainful activity that can be performed.  The inability to stand for even a short period may limit the disability claimant to sedentary work.  Sedentary work may not be attainable by certain disability claimants based on their age, education level, and prior work experience. 

If you find that you are experiencing a disabling condition such as diabetes mellitus or any other condition, call Scott Lewis at (317) 423-8888 for a free consultation. 

Are you an Indiana Social Security disability claimant that has recently been approved for disability benefits?  Like most claimants, you are wondering when you will receive that first payment from the Social Security Administration (SSA).  Social Security Disability Insurance (SSDI) benefits are designed to replace a claimant's income once they are no longer able to work due to their disability.  As with all claimants, these payments are usually desperately needed.  Since all benefits are not equal and every situation is unique, Indianapolis Attorney Scott D. Lewis states that it is very difficult to determine when you will receive your first disability payment.  Factors may include:  

• how soon the Administrative Law Judge (ALJ) made his decision,


• how soon the decision is written, and


• how soon the payment center is notified of a favorable ruling. 

Also, it should be noted that many delays may be contributed to human error.  The above factors are not the only variables in receiving your first disability payment.  Other issues may arise creating substantial time delays in the process.  Today, millions of Americans are waiting even longer for their disability payments, unemployment checks, and food stamps.  Some sources state that the number of people waiting for their first disability checks has increased 38% in 2009 from 2008 due to the recession.  Many states have had to furlough payment processors causing substantial backlog in the processing centers. 

When you receive your notice of award, there may be specific information regarding your disbursement of benefits. Regardless of how long you have to wait for the first payment, any past due payments that you are entitled to are usually being processed at the same time. 

Indianapolis Attorney Scott D. Lewis finds achieving a favorable outcome at the hearing level should be your first priority and hopefully with the approval of your claim, monthly benefits will soon follow.

If you have been denied Social Security disability benefits, call Attorney Scott D. Lewis for a free consultation at (317) 423-8888.  Scott will help you fight for the benefits that you deserve.

Indiana disability claimants may wonder how the SSA determines this transferability of skills. It is likely that the SSA will determine a transferability of skills if the jobs have:

The SSA may not always determine a transferability of skills even though the above factors are met. Therefore, the SSA has different degrees of transferability that they consider. These degrees of transferability range from very close similarities to remote and incidental similarities among jobs. So, even though the three requirements may be met, when skills have been acquired in such an isolated vocational setting that they are not readily usable in other industries, jobs, and work settings or are so specialized, the SSA may consider these skills as not transferable.

If you are a claimant that is 55 years old or older and you have a severe impairment(s) that limits you to light work or sedentary work, the SSA may find that you cannot make an adjustment to other work unless you have skills that you can transfer to other skilled or semi-skilled work. On the other hand, the SSA may find that you have skills that are transferable to skilled or semi-skilled sedentary work only if the sedentary work is so similar to your previous work that you would need to make very little, if any, vocational adjustment in terms of tools, work processes, work settings, or the industry.

At a hearing, the testimony of a vocational expert may be used regarding the acquired skills and the jobs to which they would transfer.

Generally, it is to a claimant's advantage to have past relevant work classified at the lowest skill level as possible. In other words, the higher the degree of skill, the more probable it is that the acquired skills can be transferred to other occupations. In addition, the older the claimant, the more difficult it is to find transferability. The lower the residual functional capacity, the more difficult it is to find transferability. Skills are not gained by doing unskilled jobs. A skill may give a person a special advantage over unskilled workers in the labor market. A person has no special advantage if he or she is skilled or semi-skilled but can qualify only for unskilled jobs because his or her skills cannot be used to any significant degree in other jobs.

At the Law Office Scott D. Lewis, we understand that transferability of skills can be confusing to a claimant.  For more clarification concerning the above topic or to discuss your Social Security claim, contact Indianapolis Social Security Disability Attorney Scott D. Lewis for a free consultation at (317) 423-8888.