Indiana Social Security Disability Lawyer Blog

Many Indiana residents wonder if it is possible to apply for Social Security Disability benefits online. It is actually a fairly easy process with only four main steps that can be followed on the Social Security Administration website. The first thing to do is log on to the Social Security Administration website at http://www.ssa.gov. Next, click on the Disability Benefits link in the middle of the page. This brings you to a page that is titled "Apply Online for Disability Benefits". At the bottom of this page the four main steps are outlined for you.

The first step is to review the disability checklist. This checklist consists of all the information that you need to complete the Disability Application and the Disability Report. If you click the link at this step, it will take you to the Adult Disability Checklist. On this page there is a printable version of the list.

The second step is to fill out the application itself. If you click on the link in the second step it takes you to a page with three important sections. The first one is "using this application". This link will take you to the instructions for the Social Security Disability benefits application. The second section is the bullet list of links to help with other questions. The third section is the last section on the page that is the start of the application process for Social Security Disability benefits.

The third step in applying for Social Security Disability benefits online is to complete the Disability Report. This step is very similar to the second step because of the three main components on the Adult Disability Report page. The first part is instructions on how to fill out the form, the second part is links for other questions or problems, and the third part is starting the report.

The final step in the process of applying for Social Security Disability benefits online is filling out and signing the "Authorization to Disclose Information to the SSA" form. To complete this step you must print out the form, fill it out, and be sure to sign it. After you have filled it out, you may either drop it off at the Social Security Administration building or have it mailed to the Social Security Administration.

Continue reading "How do Indiana Residents Apply for Social Security Disability Benefits Online" »

Is it a problem if I am receiving unemployment benefits and I am trying to get Social Security disability benefits?

Indiana disability applicants often ask Attorney Scott D. Lewis if receiving unemployment insurance benefits will be frowned upon by the Social Security Administration (SSA) when attempting to receive Social Security disability benefits. In his opinion, this "may" create a problem. He believes that when a disability claimant is collecting unemployment, but is applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the disability claimant is making two inconsistent statements. First, by collecting unemployment insurance benefits the person is saying that they are able to work. On the other hand, by applying for disability benefits the claimant is saying they are unable to work.

The SSA states that receiving unemployment insurance benefits do not preclude a person from receiving Social Security disability benefits. Although, the SSA goes on to add receiving unemployment benefits can be one of many factors considered in determining if an individual is disabled.

In Social Security Disability Attorney Scott D. Lewis' experience, Administrative Law Judges (ALJ's) often question his clients as to why they are making these too very different statements. Typically, the judge has the record of the disability claimant's earnings including unemployment at his or her fingertips during the hearing and may raise an eyebrow when confronted with this issue. One way to combat this potential disability dilemma is to attempt to amend the disability onset date to sometime after the unemployment payments have stopped. This may help the ALJ give you a favorable ruling in your appeal. In these tough economic times, a disability claimant can only hope an Indiana Administrative Law Judge may be sympathetic in that many individuals feel they may starve without these much needed unemployment funds.

In summary, while receiving unemployment benefits will not automatically disqualify a disability claimant from receiving Social Security disability benefits, it may be used to find your Social Security disability benefits claim denied. In Scott D. Lewis' law practice, he finds it helpful if the client keeps him advised as to any compensation they may be receiving while their claim is pending in order to adequately provide good legal representation.

If you are unable to work due to a disability such as multiple sclerosis, heart problems, bipolar disorder or any other impairment and need the advice of a Social Security Disability Lawyer contact the law office of Scott D. Lewis today for a free consultation at (317) 423-8888.

Can I get Social Security Disabilty Benefits If I have a Part-Time Job?

As an Indiana lawyer serving the Indianapolis & the surrounding area, Attorney Scott D. Lewis would never advise a Social Security disability claimant to not work if they are able to do so. In fact, many times he tells his disability appeals clients that they will not get rich by receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments and it is usually in the claimant's best interest to work if they are able. Often times, claimants may find it much more lucrative to work rather than not work and receive disability payments.

On the other hand, some Social Security disability appeals claimants find that they are able to work on a part-time basis. It is true, it may be alright to work as long as your earnings do not exceed the limit set by the Social Security Administration (SSA). This limit is called the Substantial Gainful Activity (SGA) amount. The monthly SGA amount may change each year.

It may be concerning to some claimants as to how this part-time work may be looked at by the adjudicators at the SSA. Many claimants wonder if the SSA will look at the part-time work and wonder if they are able to work more than part- time. Attorney Scott D. Lewis believes that this may a possibility. The SSA may believe the disability claimant can work more hours than he or she is currently working and the claimant is attempting to just stay under the SGA amount. The Social Security adjudicators may also believe the claimant is not seeking full-time work opportunities while remaining in a job setting that only offers part-time positions.

Attorney Scott D. Lewis has been present for Administrative Law Judge (ALJ) hearings where his disability claimant has been questioned extensively about a part-time job. Right or wrong, judges may think the claimant is not trying hard enough to maintain a full-time job.

With the lengthy waiting period to get to a hearing for your disability claim, many Indiana claimants find that they must work or lose their home or be unable to feed themselves. When faced with such limited options, many disability claimants resort to work activities that may result in an even more painful outcome.

In the end, it is ultimately the disability claimant's decision to work or not. Part-time work may raise eyebrows at the Social Security Administration, and may result in being questioned about your work activity. If you are considering filing for SSDI or SSI benefits and you have questions or need help on a pending claim, call Indianapolis Social Security Disability Lawyer Scott D. Lewis for a free consultation at (317) 423-8888. Attorney Scott Lewis handles disability claims ranging from mental disorders (such as depression and anxiety) to physical disorders (such as diabetes with neuropathy to degenerative disc decease) and nearly everything in between.  If you believe that you have a qualifying disability, complete the contact form on this page and Scott Lewis today!

If I am receiving Social Security disability benefits and I reach the age of retirement for Social Security retirement benefits, what will happen?

Many individuals receiving Social Security disability benefits wonder what will happen to their disability benefits when they reach full retirement age. Indiana residents often call the law office of Scott D. Lewis to inquire as to if they will get two payments or what exactly they should be prepared for at that time.

If you are currently receiving Social Security disability benefits, you should be aware your disability benefits are 100% of your primary insurance amount. Will you receive two disability payments? No, when you reach retirement age, your Social Security disability benefits payment amount will automatically convert to regular Social Security retirement benefits. Will your Social Security disability benefits remain the same forever?  Probably not, because there are periodic cost of living adjustments (COLA) determined and it can have an impact on your Social Security payment amount.

There may be one important change when you reach retirement age and your disability payments are converted. Social Security states you are able to receive your benefits with no limits on your earnings starting on the month of your retirement age. For an idea as to what Social Security considers full retirement age, you can refer to the SSA website.

If you have been denied Social Security disability benefits or know someone who believes they should be receiving disability benefits, contact the Law Office of Scott D. Lewis. Many times the disability appeal process can be confusing and the aid of an experienced lawyer may help you get the disability benefits you deserve. Contact Indianapolis attorney Scott Lewis today for a free confutation at (317) 423-8888.

If I am trying to get or I already receive Social Security Disability Benefits, will my children receive benefits also? Many disability claimants residing in Indiana may ask this question. There are different factors that figure into this equation. It is important to not "put the cart before the horse" because the main issue when trying to receive disability benefits is to win your claim and convince the Social Security Administration (SSA) that you meet the criteria for disability. Once you have achieved that favorable result then tackle the issue of whether your children will receive benefits.

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.

Many Indiana Social Security disability claimants endure a long drawn out process while trying to obtain beneftis.  The Social Security Administration's (SSA) backlog of claims may cause hardship to many families. 

In 2007,  Social Security Commissioner Michael Astrue announced the SSA's Compassionate Allowance initiative.  Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the SSA's Listing of Impairments based on minimal objective medical information. Compassionate allowances permit the SSA to quickly identify the most obviously disabled individuals for allowances based on objective medical information that the SSA can obtain quickly.  The SSA has an obligation to provide benefits quickly to applicants whose medical conditions are so severe that their conditions obviously meet disability standards.   This initiative speeds up the application process for Social Security disability applicants with any of 25 rare diseases and 25 cancers whose medical conditions are very severe. These 50 conditions were selected for the initiative's rollout. This list may expand over time.

Commissioner Astrue has held four Compassionate Allowance public outreach hearings since 2007. The purpose of these hearings were to obtain the public's views about how to implement Compassionate Allowances for children and adults with rare diseases.  These previous public outreach hearings were on:

• rare diseases
• cancers
• traumatic brain injury (TBI) and stroke, 
• early-onset Alzheimer's disease and related dementias

The Commissioner is scheduled to hold the fifth public outreach hearing on schizophrenia in November 2009.

Additional information about how compassionate allowances are processed may be found on the Social Security Administrations website. 

Indianapolis Social Security Disability Attorney Scott D. Lewis believes that the SSA's compassionate allowances initiative may greatly benefit people with certain rare diseases. If you are a claimant with a rare disease and believe that you may qualify for the compassionate allowance or believe that you qualify for another impairment, contact Attorney Scott Lewis for a free consultation at (317) 423-8888.

Indiana Social Security disability benefit recipients often ask if their benefit is taxable.  If you are approved for Social Security disability benefits, your benefits may be taxable. You may have tax obligations if you have other sources of income besides your disability payment, or if your spouse earns a substantial income, and there also may be other factors that may affect your tax situation.  Taxable Social Security benefits may include monthly Social Security Disability Insurance (SSDI). Although, Supplemental Security Income (SSI) payments are not considered taxable income. If you have income in addition to your benefits, you may have to file a return even if none of your benefits are taxable.  Each personal financial situation with regard to Social Security disability benefits can be unique.

It is always important when working with income taxes to either consult a tax professional or do your own extensive research when preparing your taxes.  The IRS website can be helpful when determining whether your benefits are taxable or not.  The above information concerning taxes and social security benefits should not be construed as tax advice, but rather a brief summary of information gathered from various sources.

If you would like a free consultation regarding Social Security disability benefits, please contact Indianapolis Attorney Scott D. Lewis at (317) 423-888 for a free consultation.

Applying for Social Security disability benefits is not the only thing you can do on the Social Security Administration's website. Do you get frustrated with the long wait while visiting the Social Security Administration (SSA) or get annoyed by being placed on hold before a real person answers your call?  In our fast paced technology rich world in many cases you do not have to stand in a long line at a social security office or be placed on hold trying to contact the SSA through a toll free number.  For those that have internet access, you can simply go to www.ssa.gov and see if what you need is at your fingertips.

You may be surprised by some of your options available at SSA's website.   Some items available to you are:

• you can find out if you qualify for benefits;
• you can apply for benefits; or
• see what your benefits might be in the future

If you are already receiving benefits, you can:

• file a change of address or phone number
• ask for a letter proving your income

If you have misplaced your Medicare card, you can get a replacement just by applying online.  You can even get information of on requesting a Social Security card.  The SSA's website is very informative and many resources are available such as forms and publications.  You may find the easiest way to locate your local Social Security Administration office is by visiting the SSA's website.  

These are just some of the topics that may be of value to Indiana residents who need to interact with SSA or perhaps apply for Social Security disability benefits.  If you didn't know, there is even a tutorial video about the website.

So if you do not want to waste any more of your valuable time by waiting in lines or have your phone glued to your ear, you might want to visit www.ssa.gov and see if what you need is just a mouse click away.

For more information contact my Indianapolis Social Security Disability Law Office at (317) 423-8888.  I am Attorney Scott D. Lewis and I offer a free consultation regarding your Social Security disability claim. 

A class action lawsuit, Martinez vs. Astrue, was settled in California paving the way for the monies owed to Social Security benefits claimants or recipients.  This settlement may effect over 200,000 people.  In this lawsuit, 120,000 people refused assistance may request back payments or reapply for benefits and 80,000 people wrongfully denied may receive restitution. 

Over $500 million is the price tag Social Security will come up with to pay those wrongly denied disability or retirement benefits.   It appears that if your birth date or name matched an arrest warrant in error or even for a minor traffic infraction, your benefits could have been denied or withheld. 

Indianapolis Attorney Scott D. Lewis believes these wrongful denials and withholding of funds, to those most in need of assistance, could have a devastating effect on these individuals and their families.  Indiana residents that were denied due to this should contact their local Social Security Administration (SSA) or consult a qualified Social Security Disabiltiy Attorney or Representative to see if they may qualify for retirement or disability benefits.

Scott D. Lewis, Attorney at Law, LLC offers a free consultation regarding your Social Security disability claim.  Call (317) 423-8888 immediately to get the representation you deserve. 

Indiana Social Security benefits recipients look forward to the annual Cost of Living Adjustments (COLA) they receive each year.  COLA is the annual increases that recipients receive in their benefits to offset inflation in the economy.  The Social Security Administration (SSA) began these automatic increases in 1975.  Many disability benefits recipients rely on these increases each year to keep up with inflation.

In 2009, Social Security recipients received a 5.8% increase in their monthly payments.  This is the largest increase since 1982.  As of this week, the SSA's trustees are predicting that Social Security recipients may not receive a COLA increase for the next two years.  This is being justified mainly because 2009 energy prices are below 2008 energy prices.  The SSA is predicting that there will not be an increased inflation this upcoming year, therefore there will be no need for a cost of living adjustment.  Many people argue that while inflation may be down next year, the medical and healthcare cost will continue to rise.  Ultimately, this will affect those with high medical & prescription expenses or Medicare recipients.  Approximately 50 million disabled and retired Americans receive Social Security benefits.  While some of these Americans may need to just watch their spending in the next two years, others may be highly affected.  Although it is law that Social Security COLA can not be negative causing a decrease in benefits, recipients who get Medicare deducted from their payments may be impacted because Medicare costs will continue to increase which ultimately causes a decrease in the monthly benefits payment.

Be aware that SSA's consideration of eliminating the COLA in 2010 & 2011 is to protect the system from depleting and drying out.  As a result, all Social Security recipients will benefit by continuing to receive their monthly payment.

Indiana Attorney Scott Lewis represents Social Security disability claimants fight for what they deserve.  Contact Scott at (317) 423-8888 for a free consultation regarding your claim!