Indiana Social Security Disability Lawyer Blog

After Indianapolis Social Security Disability Attorney Scott D. Lewis wins his client's disability claim, he often finds himself explaining to the claimant why their benefits will not start immediately from their onset date. Although he's not certain why the Social Security Administration (SSA) has a waiting period, he attempts to explain to his clients when they can expect their benefits to begin. Social Security claimants that are awarded Social Security Disability Insurance (SSDI) benefts, must wait five (5) consecutive full calendar months from the determined onset date of their disability. After the 5 month waiting period, the SSA will begin disability payments with the earliest full calendar month but not more than seventeen (17) months before the claimant filed their 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!

Are you an Indiana resident filing a claim for Social Security disability?  Are you seeing a medical doctor regarding your disability?  Is your treating physician a nurse practitioner?  It's not uncommon for claimants to schedule their medical appointments with the medical office nurse practitioner rather than the doctor.  This may affect whether or not you will receive a favorable ruling on your disability claim.  

When the Social Security Administration (SSA) evaluates a claim, they will review the medical evidence submitted by your medical sources.  Treatment notes, medical documentation or records must be submitted by "acceptable medical sources."  The SSA has two categories of medical sources.  There are "acceptable medical sources" and other health care providers that are not "acceptable medical sources."  It is important to submit medical evidence that was reported by "acceptable medical sources."

"Acceptable medical sources" may include:

• Licensed physicians
• Licensed or certified psychologists
• Licensed podiatrists
• Licensed optometrists
• Qualified speech-language pathologists

Unfortunately, the SSA does not categorize nurse practitioners or chiropractors as being an "acceptable medical source."  This means that the medical evidence from a chiropractor or nurse practitioner cannot establish your medical impairment.  Although, information from other sources can be used to support your claim. These other sources may include non-medical sources such as social workers and employers; and public and private social welfare agencies; and other medical practitioners, such as physician assistants, nurse practitioners, naturopaths, and chiropractors.

Does this mean that your claim will be denied because you are not seeing an "acceptable medical source?"  Not always, the ultimate decision is in an Administrative Law Judge's (ALJ) hands.  It is important for Indiana residents to keep in mind the medical sources that the SSA prefers may enhance your ability to receive a favorable ruling. 

If you would like a free consultation with Attorney Scott D. Lewis to discuss your Social Security disability claim, call (317) 423-8888.

If your initial application for Social Security Disability Benefits has been denied and you disagree with this decision, you must file the following forms to keep the claims process moving forward:

• Request for Reconsideration (SSA-561-U2);
• Reconsideration Disability Report (SSA-3441-F6); and
• Authorization to Disclose Information to the Social Security Administration (SSA-827).

This is the first level of appeal after your initial denial. In simple terms, by filing these forms you are saying to the Social Security Administration (SSA) that they have made a mistake by not granting you Social Security disability benefits and they need to take another look at your claim.

It is important to note that the SSA states that you have 60 days from the date of the initial claim denial to file a Request for Reconsideration, although it's assumed that you received the letter five days after it was dated so actually you have 65 days.  If an Indiana claimant is untimely in filing the Request for Reconsideration within that allotted time, chances are he will be forced to start at the initial claim stage over again.  There are exceptions to this 60 day requirement.  If you can show good cause as to why you have filed late, you must supply the SSA with a reasonable explanation as to why the Request for Reconsideration is being filed late.

Filling the required forms is not difficult.  Once filed, a Disability Examiner evaluates the claim.  Social Security claimants should remember that the majority of these Requests for Reconsideration claims are denied and result at the hearing level in front of an Administrative Law Judge (ALJ).

Remember, Social Security's denial of your claim is not a personal attack on you.  The people who make these decisions do not know you or your case and most likely do not have all of the evidence they need to make a favorable decision.  It is your job to be diligent and stay the course.  It can be a long journey, but it is one Indiana claimant's can potentially win.  If Indiana residents need help filing these forms they can contact Indianapolis Social Security Attorney Scott D. Lewis.  Attorney Scott Lewis offers a free consultation and will help answer questions you have about the Social Security process.

If you are applying for disability with the Social Security Administration (SSA), you may wonder if you need to have a representative in order to win your disability benefits claim. The SSA does not require a claimant to have representation in order to be awarded disability benefits. The choice to have a lawyer or representative lies with the individual who is filing for Social Security disability benefits.

At the Indianapolis Law Office of Scott D. Lewis, Attorney at Law, LLC, our Social Security disability attorney provides representation on disability cases at all levels of the process. This means that a claimant can choose to utilize a disability lawyer after a claim has been denied, for consultation before a claim has been denied, and even before a claim has been filed.  If you desire representation prior to filing the disability claim, an attorney will not be able to submit an "appointment of representative form" to the SSA until after the disability application has been initiated and put on file with the SSA by the claimant.

Claimants with pending claims for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and those disabled individuals who are thinking of whether or not to apply for disability typically have some questions regarding disability attorneys.  Social Security Disability Attorney Scott D. Lewis can assist you in answering these questions. 

• When am I allowed to get an attorney for my disability case?

A disability attorney can be used at any point in the process but the initial claim must be submitted to the SSA directly by the claimant. Many individuals will choose to get an attorney after a denial has been issued, although some claimants will seek representation sooner or to simply get advice from a Social Security disability attorney for the initial stages of their claim.

• Will an attorney make the claims process easier for me?

As soon as the SSA is advised that you are being represented by a disability attorney, they will send copies of all paperwork that they send to you to your attorney.  This not only keeps your attorney informed on your disability case, but it also allows your attorney to get your appeal paperwork filed promptly on your behalf. Consequently, this can eliminate the possibility of missing deadlines and remove a significant amount of burden from a claimant. In addition, your attorney will take the necessary steps in gathering medical records to prepare for your upcoming hearing.  

• Are my chances of winning disability benefits better if I have an attorney?

Disability attorneys can make a substantial difference in your case. These attorney's can keep you from missing important deadlines mandated by the SSA, they will assist you in getting the appropriate medical records that will be submitted to the SSA, they can attempt to obtain valuable statements from your physicians in support of your case, and they can argue to the Administrative Law Judge (ALJ) that your case should be approved based on a knowledge of your work history, medical history, and the various rules that apply to your disability case.  Statistically, approximately 40% of individuals who are not represented at their hearing win their disability cases.  In the meantime, approximately 60% of claimants who have a disability attorney win their cases. Based on those statistics, having a disability attorney will give you a greater chance of winning your disability benefits.

• Can I afford to pay for a disability attorney?

Disability attorneys are not paid upfront by the claimant and are not paid at all unless they win your case!  If you win your disability claim, your attorney is paid 25% of the back pay that is owed to you (not to exceed the maximum amount allocated by the SSA) from the SSA.

Don't have unanswered questions, contact Indiana Social Security Disability Lawyer Scott Lewis at (317) 423-8888 for a free consultation.  He can help you decide if an attorney is necessary for you! 

Are you discouraged with the waiting period for your Social Security disability claim?  You are not alone.  Thousands of Americans filing a claim for Social Security disability benefits are facing an extensive waiting period.  This poses quite a dilemma because, assuming, anyone filing for benefits is disabled and financially in need.  The average waiting period for a hearing is 24 months, during which a claimant in not working due to their disability or is employed but is not earning over $980 per month in 2009.  At the Indiana law office of Scott D. Lewis, Attorney at Law, LLC, Social Security Disability Attorney Scott Lewis understands that two years is a very long time to have little to no income with the burden of outstanding medical bills. Don't give up!  There are actions by the Social Security Administration (SSA) that are being taken to attempt to fix the problem. 

On March 24, 2009, a congressional hearing was held at which SSA Commissioner Michael J. Astrue addressed the frustration of the current state of the Social Security disability backlog.  Commissioner Astrue outlined the following goals of the SSA:

1. Open 10 new hearing offices
2. Establish 3 new National Hearing Center sites
3. Hire 157 additional Administrative Law Judges (ALJ)
4. Hire an additional 840 hearing office support staff
5. Hire 135 new administrative appeals judges & support staff

These targeted goals are in hopes that the average processing time at the Office of Disability Adjudication and Review (ODAR) will decrease to 270 days.  The Indianapolis hearings office is currently ranked with one of the longest waiting periods for hearings with a wait time exceeding 730 days.  The SSA reaching their proposed goals will be helpful to the Indiana area. 

Don't get discouraged and don't give up.  Call Attorney Scott D. Lewis of the Law Office of Scott D. Lewis, Attorney at Law, LLC, to get more information on the appeals process.  He focuses in Social Security disability claims and has the experience to help you with your claim.