Indiana Social Security Disability Lawyer Blog

Indianapolis Social Security Disability Attorney Scott D. Lewis often finds his clients are confused by the difference between the two disability programs offered by the Social Security Administration (SSA). These two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI and SSI programs are administered by the SSA, both programs will pay a monthly benefit to qualifying disabled persons, and both programs follow the same procedures when determining if someone is disabled.

Although SSDI and SSI have some similarities, they are quite different programs. It is important to understand the difference in these two programs when applying for disability benefits.

Social Security Disability Insurance (SSDI) or also commonly known as Social Security Disability (SSD) benefits is the disability program that is funded by the Social Security taxes that are paid by employers, workers and people who are self-employed. This program requires the claimant to have earned the appropriate credits which is based on the taxable work of the disability claimant. This means that the claimant must have paid into this program through payroll taxes from previous work. This program was designed to assist those individual workers that paid into the program that become disabled and are unable to work until retirement age so they basically receive those benefits early.

Financial eligibility for SSDI is based solely on the F.I.C.A. Social Security (F.I.C.A.) payroll taxes the claimant paid through employment. This program is not based on your current wealth situation. To be eligible for SSDI, you must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (essentially five out of the last ten years). If you are under age 31, that number is reduced. If you are over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. So, as long as you can meet the payroll tax payment requirement, you may receive SSDI benefits if you become totally disabled regardless of what other income or wealth you may have. Monthly benefits are determined by the amount of F.I.C.A. taxes the disability claimant paid into the program over the years. The SSA attempts to estimate the payment amount that the claimant would have put into the program if they worked until retirement age. Monthly payment amounts may vary from person to person. Benefit payments begin 5 months after the "onset date" of the disability determined by the SSA.

Supplemental Security Income (SSI) is a program funded through general revenues. This program is designed to assist disabled adults and children that have a financial need due to their inability to work because of their disability. Opposite of SSDI, the SSI benefits program does look at the claimant's assets, resources, and income. Claimants must have limited income, resources and assets to qualify for this program. Monthly payments are determined by the amount of income the claimant earns each month. If a claimant is found to be disabled, the monthly payments will begin on the 1st day of the month the claimant filed for disability benefits.

Attorney Scott Lewis often recommends to his Indiana disability clients to apply for both programs when submitting their initial application for disability. Often times, claimants are not sure what program that they qualify for so it is important not to "miss the boat" when you may just qualify for one of these programs. Remember, if you apply to one of the programs but not the other, the SSA will not evaluate your claim for the opposite program. The SSA will only review your claim for what you are applying for.  So, as recommended by Social Security disability attorney Scott Lewis, take the time to complete both applications.

At the law office of Scott D. Lewis, Attorney at Law, LLC, Scott Lewis offers a free consultation to those individuals seeking Social Security disability benefits. Call Indiana Disability Appeals Lawyer Scott Lewis at (317) 423-8888 for your free consultation.

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

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

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

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

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

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

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

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

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.

As an Indianapolis Social Security Disability Attorney, many of my clients ask if their Social Security Disability benefits will run out or only last for a short period of time. The answer to this particular question is "no", but there are specific reasons that it may stop. For example, if your disabling condition gets better and/or you have reached recovery, then your payments will stop. Additionally, if you return to work and earn over a certain amount of money per month, again, your payments will stop. The Social Security Administration (SSA) refers to this as "Substantial Gainful Activity" (SGA). In 2009, the SGA is $980/month for non-blind recipients.

The SSA periodically reviews Social Security recipient's files to determine whether or not their disability continues to be severe enough to prevent them from working.

Once you reach retirement age, your Social Security disability benefits will automatically turn into Social Security retirement benefits. The year that you were born will determine at what age Social Security will recognize as your eligible retirement age.

If you have any further questions regarding the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs, please call my law firm and ask for Attorney Scott D. Lewis for a free consultation.

Frequently, Indiana Social Security Disability benefits recipients wonder if their disability worsens, will their disability payments incease? If you are currently receiving Social Security Disability benefits, your payments will not change if your condition worsens or if you have an additional severe impairment.

Upon the original disability determination made by the Social Security Administration (SSA), the SSA takes into account various factors when deciding the amount of your disability payment. Once these factors have been determined, your payment amount is established and your payments will not change due to a worsening condition or an additional impairment.

Unlike other disability programs that base your disability on percentages, such as the Veterans Administration, Social Security disability payments are pretty much an all or nothing proposition. With this in mind, it is important to let the Social Security Administration know about all of your impairments, and also the severity of each impairment when filing your initial claim and throughout the entire claims process.

On the other hand, it is possible that your payment may increase. If you notice an increase in your payments, it's likely an automatic annual cost of living adjustment. Since 1975, the SSA established "Cost of Living Adjustments" (COLA) in order to keep pace with inflation. These increases will automatically be given to you in December of each year.

For more information concerning Social Security Disability benefits, contact Indianapolis Attorney Scott Lewis for a free consultation at (317) 423-8888.

When it comes to your disability claim, your onset date can be very important. The onset date can affect how much of your past due benefits you will be paid and/or if you are eligible for benefits at all.

As defined in the Social Security Act and/or regulations, the onset date of disability is the first day a person is disabled. When determining your onset date, the Social Security Administration (SSA) will look at work history, medical findings, and the claimant's allegations. The aforementioned are usually looked at as a whole to determine the onset date. It should be noted, the date the claimant stopped working or the claimant's allegations are important in deciding onset only if it falls in line with how severe the medical condition is as evidence by the medical records.

In Social Security Disability Insurance (SSDI) claims, the earlier the onset date can be established, the longer the period of disability and it usually helps to maximize the amount of past due benefits that can be received.

It is important to remember that a person attempting to receive SSDI must also meet the requirement of insured status. Insured status must be met at the time when a disability preventing an individual from performing substantial gainful activity is determined.

While this is just a brief framework of how the Social Security Administration may look at your disability and your onset date, it should not be relied on for legal advice. For more information concerning onset dates and Social Security Disability benefits, contact the SSA or Indianapolis Attorney Scott Lewis for a free consultation at (317) 423-8888.

 Many Indiana Social Security Disability Benefit recipients wonder when their disability benefits will change to Social Security retirement benefits.  Retirement benefits and disability benefits are both Social Security benefits. Social Security benefits are paid out of two trust funds: the Old Age and Survivors Insurance (OASI) trust fund and the Disability Insurance (DI) trust fund. If you are a person who is receiving disability benefits, when you reach your full retirement age, the Social Security Administration (SSA) stops paying them from the DI trust fund and changes payment to come from the OASI trust fund. Your monthly earnings will not change.  Although, because you'll then be getting full retirement benefits based on age rather than disability benefits based on your medical condition, your disability will no longer be the basis for your entitlement. This means no more periodic re-evaluations by the SSA to see if you still meet the definition of disability and no restrictions on earnings should you return to work.

According to the SSA, depending on the year you were born, full retirement age is the following:

• 1937 or Earlier - Retirement age is 65
• 1938 - Retirement age is 65 and 2 months 
• 1939 - Retirement age is 65 and 4 months
• 1940 - Retirement age is 65 and 6 months
• 1941 - Retirement age is 65 and 8 months
• 1942 - Retirement age is 65 and 10 months
• 1943-1954 - Retirement age is 66 
• 1955 - Retirement age is 66 and 2 months
• 1956 - Retirement age is 66 and 4 months 
• 1957 - Retirement age is 66 and 6 months 
• 1958 - Retirement age is 66 and 8 months 
• 1959 - Retirement age is 66 and 10 months 
• 1960 and later - Retirement age is 67

In summary, when you reach full retirement age, nothing will change, except for Social Security purposes, your benefits will be called retirement benefits instead of disability benefits.  You do not need to take any action.  Starting with the month you reach full retirement age, you will get your benefits with no limit on your earnings.  While this information is gathered from various Social Security disability sources, it should not be relied upon for full accuracy.  Any questions related to your particular claim or retirement benefits should be directed to the SSA to ensure up to date and accurate information.  If you have any questions concerning the Social Security disability claims process, contact Attorney Scott Lewis at (317) 423-8888.

Most people are not familiar with the Social Security disability claims process.  When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the success of your claim often depends on providing good supporting medical records.  It is important to know what medical documentation that the Social Security Administration (SSA) needs.  Without an attorney, it is the SSA's responsibility to secure your medical records.  An attorney has experience in knowing how to request this information from doctors and other medical professionals.  Indiana Social Security Disability Attorney Scott D. Lewis sees a variety of medical records every day and knows how important good supporting medical documentation can be in getting your Social Security benefits approved. 

Here are a few key things to keep in mind when seeing your doctor and accumulating medical records:

• An abundance of pertinent records relating to your disability will usually help the Administrative Law Judge (ALJ) in finding a favorable result in your case. Try to make it easy on the Social Security Administration (SSA) by seeing your doctor(s) on a regular basis and providing the SSA with good medical records.
• Adequate progress notes can help in obtaining a favorable decision.  If your physician can document your disabilities on a consistent basis showing the disabilities you are having, it can greatly enhance your case.
• Tests verifying your disabilities can have an impact on a favorable outcome.  MRI's, EKG's, and various other objective tests showing the severity of your disability are things the SSA and your attorney can use to substantiate your case.
• A clear diagnosis or assessment of your disability is critical in getting your benefits.  The Listing of Impairments defines disabilities that the Social Security Administration recognizes.  If you have a distinct diagnosis by your physician that meets or equals one of these listings your ability to obtain Social Security Benefits is greatly enhanced.
  

Attorney Scott Lewis believes you should always attempt to have a good relationship with your medical provider, and hopefully he/she will do the things necessary to help you have a strong Social Security Claim.  Attorney Scott Lewis has experience in obtaining medical records from your doctors to help support your case. Often times, he is able to request all medical documents related to:

• Medical diagnoses 
• Mental health evaluations 
• Physical examinations, hospital & emergency room records 
• Lists of prescribed medications
• Laboratory tests

Attorney Scott Lewis and his staff strive to work with you and your doctor(s) to comply with all privacy requirements when obtaining your medical records.  For more information about obtaining the appropriate medical records for your case, contact Scott Lewis at (317) 423-8888 for a free consultation. 

The Social Security Disability Insurance (SSDI) program pays benefits to qualifying disabled people or to their family members of those that have a qualifying work history and have paid Social Security taxes.  The Supplemental Security Income (SSI) program pays benefits to disabled adults and children that have limited resources and income.  SSI benefits are also available to adults over the age of 65 without disabilities who meet the financial limits established by the Social Security Administration (SSA). 

Indiana residents that become disabled should file an application for Social Security Disability Benefits with the SSA immediately.  An application for SSDI and SSI can be filed online at SSA's website, you can call the SSA at 1-800-772-1213 to set up an appointment, or visit your local Social Security Office to apply in person.  It may take several weeks before a decision is made regarding your applications.  

If approved, congratulations!  On the other hand, if you receive a "Notice of Disapproved Claim" from the SSA, don't become discouraged.  Statistics show that the majority of all claims are denied at the initial application.  Within 60 days from your denial, you must submit a request for reconsideration to the Social Security Administration.  If your request for reconsideration is denied, you have 60 days from that denial to request a hearing in front of an Administrative Law Judge.  It is important for you to stay within these deadlines or the SSA may force you to start the initial application process over again.  

If you have questions regarding this process, contact Indianapolis Attorney Scott D. Lewis for more details.  Scott focuses on representing Indiana area clients with their Social Security Disability claims after they have been denied.  He will continue the appeals process with you and represent you at your scheduled hearing in front of an Administrative Law Judge.  Scott will fight for what you and your family deserve. 

Over 55 million Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients will receive a one-time payment of $250.00, due to legislation signed into law on February 17, 2009.  Indiana social security recipients should expect to receive the payment no later than 120 days after February 17, 2009. 

Social Security Disability Income (SSDI) and Supplemental Security Insurance (SSI) beneficiaries need to take no action, as the payment will be made the same as monthly payments are currently being made to these recipients.  Indianapolis Social Security Attorney Scott D. Lewis believes that these checks are needed as those receiving social security benefits are some of the hardest hit by a troubled economy. 

Other provisions of this legislation include $500 million to help with the backlog in processing Social Security Claims and to help address the workload.  Also, another $500 million is for the National Computer Center.   As many residents and Indiana Social Security Lawyers are aware, the money is greatly needed to alleviate and help decrease the amount of time when awaiting a social security hearing.