Indiana Social Security Disability Lawyer Blog

Indiana children with learning disabilities may be entitled to Supplemental Security Income (SSI) benefits.  A significant portion of my law practice is devoted to helping children and their families receive Social Security disability benefits.  My staff and I take great pride in being able to explain the application and appeals process to parents of disabled children, and we make sure that they are fully prepared when it is time to appear at a hearing before a Social Security Administrative Law Judge.  I have found that some other disability attorneys simply do not handle children's cases, or they are unfamiliar with what it takes to win these claims.  Some parts of children's cases are the same as adult cases; for example, the appeals process has the same steps for adults and for children.  However, other elements of children's claims are quite different from adult claims, especially when it comes to showing how the claimant's impairments are severe enough to be disabling under Social Security's rules.  Knowing what the Social Security Administration (SSA) is looking for in children's cases can be the key to a successful outcome. 

In my experience as a disability attorney representing children and their families, I find it especially beneficial to submit certain types documentation of a child's disabilities to the SSA.  These records can include, but are not limited to:

• Medical records from treating physicians, especially specialists, who treat the child for any physical or mental impairments.
• Written statements from treating physicians concerning the severity of the child's disabling condition
  
• Report cards
• IQ tests
  
• Individualized Education Program (IEP)  or 504 Plans developed at the child's school
  
• Written statements from teachers concerning the child's academic progress and behavior
• Behavior reports, written progress reports, and other written correspondence from the child's teacher
  

For each of my clients, I request that the treating physicians complete questionnaires that are designed to show Social Security's disability adjudicators that the child fits the SSA's definition of disability.  Many of these questionnaires refer to the "Listing of Impairments."  The Listings are contained in a manual the SSA publishes; they detail various physical and mental conditions the SSA considers disabling. Learning disabilities are caused by a wide range of mental and developmental impairments, and most of these conditions are addressed in the Listing of Children's Impairments, Section 112: Mental Impairments.  If the child's treating physician's answers to the Listing questionnaires support our contention that his patient meets Social Security's listings, it can help in winning the disability claim.  

Another type of questionnaire I have developed addresses the child's capabilities in six "domains" that the SSA uses to determine how the child's impairments affect his performance in six important areas of daily functioning.  If the SSA finds that the child either has "marked" limitations in two of these domains or "extreme" limitations in one of them, it is likely that the SSA will find the child disabled.

I have represented many children with learning disabilities.  Many of these children have received low IQ scores in testing performed by their schools or their doctors.  They typically require special accommodations from their school, and often they are not in the appropriate grade for their age because they have been held back.  SSI benefits may be available for families with children suffering from learning disabilities, and many representatives like myself will work on a contingency basis to help them get the benefits they deserve.

One of the most rewarding parts of my job as a disability lawyer is helping disabled children and their families get the benefits they deserve.  After hearing about the daily struggles  families face when they have disabled children, it is hard not to take a personal interest in their cases.  I believe a larger percentage of my practice is made up of Supplemental Security Insurance (SSI) claims involving children than in the practices of many of my fellow Social Security disability attorneys.  In fact, sometimes other attorneys refer children's cases to me because they simply do not handle children's disability claims.  I have noticed that more and more of my child clients have been diagnosed on the autism spectrum, and I have found that many of these cases have unique issues that must be addressed in order to enhance the chances of a favorable outcome.

The Social Security Administration (SSA) uses six "domains" of functioning to determine how a child's daily living is affected by the child's disability.  These domains are:

• Acquiring and using information
• Attending and completing tasks
• Interacting and relating with others
• Moving about and manipulating objects
• Caring for yourself
• Health and physical well-being.

A child is considered disabled if the child either has "marked" limitations in two of these domains, or "extreme" limitations in one of them. 

I have found that many autistic children have extreme limitations in interacting and relating with others.  Individuals with autism may have difficulty holding simple conversations with others, suffer from language difficulties, or repeat words or phrases (echolalia).  I have noticed many of these children do not have the ability to recognize the simple social cues most of us take for granted.  In my experience, most of these kids are smart, and I mean really smart, but their inability to interact and relate with others can interfere with their ability to function in a regular classroom setting.  Some of these children have Individual Education Programs (IEPs) to help structure classroom subjects in a more suitable way for them to learn.

Do I have a magic wand for helping all of these families win their Social Security disability claim?  No, but I do have experience in preparing cases to ensure that the Administrative Law Judge (ALJ) has all the information needed to understand how autism affects a child's functioning.  This information includes:

• Complete school records showing the kinds of accommodations and assistance the child receives during the school day, as well as grade reports, teacher comments, and progress reports.
• Good medical records from doctors, therapists, and any other treating provider stating a clear diagnosis, including progress notes that reveal the provider's professional observations and opinions.
• Medical records related to any physical impairments for which the child receives treatment.
• Medical source statements.  I strive to contact the medical professionals treating the child to obtain their written opinions, based on professional training and personal interaction with the child, about how the autistic child's symptoms and behaviors fit under Social Security's standards for disability. 

Please keep in mind that even if your child suffers from severe autism, you may not qualify for SSI if your household income and resources rise above a certain level because SSI is a needs-based program.  To find out if you qualify for Supplemental Security Income (SSI) for your autistic child, you should contact the SSA and file an initial application. 

I represent many families with children who have disabilities at the hearings level in Indiana.  I believe I handle more children's cases than many of my counterparts.  In fact, some attorneys tell me they simply will not take children's disability claims at all. Children's disabilities can vary greatly, and the mental and physical problems caused by these health condition(s) can be devastating.  I often sit at the hearing and wonder, "When my client is awarded benefits, who is going to manage the money, and how will the money be used?"

In children's Supplemental Security Income (SSI) cases it is important to first understand Social Security's income and resource restrictions.  If a family makes too much money, or if the family's assets such as its vehicles, house, or bank accounts are worth too much, that family probably will not qualify for SSI benefits.  A family that does qualify for SSI is most likely struggling quite a bit to pay for for medical expenses, rent, food, and clothing.  Once a child is awarded SSI benefits, the family is eager to find out what types of expenses can be paid with SSI benefits, and who will be responsible for spending the money.  The Social Security Administration (SSA) has guidelines as to how those monies should be spent and who will do the spending. 

First, most minor children are required to have a representative payee who will manage their SSI payments.  The representative payee is required to:

• Use the payments to meet the needs of the beneficiary (i.e., the child)
  
• Save any money left over
• Report any changes
  
• Keep good records
• Help the beneficiary get medical treatment
• Notify SSA of changes in payee's circumstances
• Complete accounting reports regarding the use of funds
• Return any monies beneficiary is not entitled to

Now the big question - what can SSI payments be used for?  The Social Security Administration states that the uses for these payments should be:

• Food
• Clothing
• Shelter
• Utilities
• Dental and medical care
• Personal comfort items
• Reasonably foreseeable needs

The representative payee is required to use the funds in the best interest of the beneficiary.  I have heard from some parents of the children I have represented that the SSA has been keeping a closer eye on how the child's benefits are being spent.  Although representative payees have some discretion in managing a child's payments, I always hope the representative payees are dong the right thing and spending the money on the needs of the child in a responsible way. 

Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) recipients often wonder how long they will receive these disability benefits.  Many SSDI or SSI claimants are under the assumption that their disability benefits will last until retirement age. Although many disability recipients will receive benefits until they reach the retirement age, this is not the case for everyone. For those individuals who do receive Social Security disability benefits until retirement age, Social Security disability benefits will not just stop altogether, but they will simply change from Social Security disability benefits to Social Security retirement benefits. On the other hand, there are some instances in which a disability recipient will have their disability benefits end prior to reaching the retirement age.

The most common reasons for a stop in disability benefits are:

• improvement of one's disabling condition,
• incarceration, or
• return to work.

As stated above, improvement of someone's condition is just one reason why the Social Security Administration (SSA) may revoke benefits.  The SSA reviews the SSDI or SSI claimant's disability benefits on a regular basis. These reviews are called "Continuing Disability Reviews" and these reviews are given to everyone who receives disability benefits. The time between these reviews may depend on whether or not your condition is expected to improve. Benefits may be reviewed by the SSA anywhere from every 18 months to several years depending on your condition and your chances of improvement.

Another reason the SSA may revoke disability benefits is incarceration.  If an individual who receives disability benefits ends up in prison or is put in jail for more than 30 days, it is likely the disability benefits will stop. However, incarceration does not permanently end an individual's disability benefits. When the individual gets out of jail, it is possible to this individual to get their SSDI or SSI benefits reinstated.

One misconception people have is that going back to work automatically disqualify a person from receiving Social Security disability benefits.  This is not necessarily true.  Although. an individual that decides to go back to work who earns a substantial income may no longer be entitled to disability benefits.  In this case, you may be entitled to Social Security retirement benefits once you reach retirement age. If you do decide to return to the workforce, benefits will not stop immediately. An individual can earn income on a "trial" basis for up to nine months before your Social Security disability benefits are revoked. If you try to return to work and find that you are unable to cope with it, your Social Security benefits will not end.

Individuals who remain disabled until retirement age will be able to keep their disability benefits until retirement age. However, it is important to understand that you need to take steps to ensure you are actually able to keep your Social Security disability benefits.  Attorney Scott D. Lewis likes to remind his disability clients to continue stay on top of their disabling condition. Continue to schedule regular doctor's visits. Continue to explain to your doctor how your condition prevents you from performing normal daily activities so that there is documentation of your continuing disability. This may be beneficial for your "Continuing Disability Reviews".

It is also very important for an individual to comply in a timely manner to the "Continuing Disability Review."  Individuals who refuse to respond to a review may potentially cause you to lose your benefits. Additionally, the SSA may arrange for you to meet with a physician for a medical examination.  It is important to make this appointment.   Indianapolis Social Security disability lawyer, Scott Lewis informs all of his potential clients and his current client's to be cooperative and timely with all requests by the SSA. 

If you are disabled and are seeking disability benefits, contact Attorney Scott Lewis for a free case evaluation.  Mr. Lewis and his staff would gladly discuss your disability claim with you.  Call (317) 423-8888 for you free consultation.

Are you an Indiana resident that suffers from a disabling condition or a combination of disabling conditions causing you to be unable to work?   Indianapolis Social Security disability lawyer, Scott D. Lewis, represents disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims.  Often times, disabled individuals are unaware that the Social Security Administration (SSA) offers two different disability benefits programs to disabled individuals unable to work due to their disabling condition.  Although the medical requirements are the same for both of these SSA programs, there is a difference between the non-medical requirements to determine eligibility.   Many individuals are confused by determining whether they should apply for SSDI or SSI benefits.  Attorney Scott Lewis advises all of his disability clients to apply for both programs, just in case they may qualify for one, but not the other. 

So, what is the difference between the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program and are there any other programs that I should be aware of? 

There are two different federally funded disability programs offered by the SSA.  These two programs are Social Security Disability Insurance and Supplemental Security Income.  First, let's discuss the Social Security Disability Insurance program.  Many people refer to the Social Security Disability Insurance program as the following:

• SSDI
• SSD or Social Security Disability
• Title II
• DIB

From this point forward, the above program will be referred to as SSDI.  To be eligible for SSDI benefits the disabled individual must be "insured". What does this mean?  To be insured, the disabled individual must have worked for a period of time long enough to have paid Social Security taxes to have earned work credits. If a disability applicant is awarded SSDI payments, the amount of benefits will be determined based on how much the applicant paid into the system. In addition, the date that you are found to meet the definition of disability under Social Security rules must be before your date of last insured. The date of last insured is usually five years from when the individual with a consistent work history stopped working.  In summary, there is both a duration work requirement and a recent work requirement to determine if you are eligible for SSDI. SSDI benefits may be paid to the disabled person and to minor children.  Those who win their Social Security disability benefits through the SSDI program may be entitled to Medicare in two years and six months from the date of onset. The onset date is the date the individual is found to meet the definition of disability.

Adults suffering from a disabling condition that occurred prior to the age of 22 and continues to be disabled may also qualify for SSDI benefits.  This is known as Childhood Disability Benefits or Disabled Adult Child Benefits and are under Title II. These individuals must also have a parent who is on Social Security disability or retired and collecting Social Security benefits, or a parent must have died and the parent was fully insured when they died. What this all means is that the adult child, if they meet the formerly mentioned criteria, is entitled to benefits based on the parent's work record. Because these are Title II benefits, the adult child (who is disabled) is also entitled to Medicare.

Additionally, disabled widow's benefits are also available under the SSDI program. A disabled widow can get benefits based on the deceased spouse's earnings record, but you must be 50 years or older and the onset of your disability must have been within seven years of your spouse's death.

The second program offered by the SSA is the Supplemental Security Income benefits program. Supplemental Security income is commonly known as SSI or Title XVI benefits. From this point forward we will refer to this program as SSI.  To qualify for SSI, disabled adults must have limited income and resources.  What does Social Security mean by limited income? The SSA may consider the following things "income":

• money earned from work
• money received from other sources like unemployment benefits, friends or family
• VA or Social Security benefits
• workers compensation benefits
• free food and shelter 

What is "limited resources"?  Resources can be anything such as cash, land, vehicles, personal property, life insurance, bank accounts, stocks, US Savings Bonds, and anything else that can be converted to cash and used for food and shelter.  The SSA has limits on countable resources.  Those who qualify for SSI will usually qualify for Medicaid, as well.  These benefits are paid out of the general tax revenues and not the Social Security tax revenues. 

The SSI program also offers benefits to children under the age of 18, or under 22 and regularly attending school, and are disabled living in a household with limited income and resources.  Social Security will look at the amount income and resources of the parents living with the child to determine if the child is eligible for these benefits.  The best way to find out if your child is eligible for SSI benefits is to contact SSA.

The SSA determines disability for the two programs exactly the same, by using a five step process.  Although, determining child disability varies from this process for children under the age of 18. 

If you are disabled, you may qualify for SSDI or SSI benefits.  If you are unsure of which program that you qualify, call Indiana disability Attorney Scott D. Lewis for a free consultation regarding your disability claim.  His law office is eager to assist you with your claim, call (317) 423-8888 for your free consultation today!

Indianapolis Social Security Disability Attorney Scott D. Lewis represents a variety of Indiana claimants applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  His clients vary in age ranging from youths to adults in their early 60s.  Many times he discusses with clients the effects their age may have on their SSDI or SSI claim.  Although the Social Security Administration (SSA) does not specifically deny disabled individuals for reasons of age, it is Scott Lewis' opinion that age can be a relevant factor in determining disability.

How does my age affect my ability to obtain SSDI or SSI disability benefits?  A Social Security disability claimant's age is certainly considered when applying for disability benefits.  One way the claimant's age may be a deciding factor is that in order to receive SSDI benefits, a person must have earned enough work credits to qualify for this disability program.  Therefore, if a disabled claimant is 21 years old and has not worked long enough to earn enough work credits to qualify for the SSDI program, he/she will not be awarded SSDI benefits.  In summary, a younger adult is unable to fulfill the work credit requirements due to a lack of years in the workforce. Although these individuals are unable to qualify for the SSDI program, these individuals may qualify for the SSI program which does not require the earned work credits. 

In Attorney Scott Lewis' opinion, as disability claimants reach their 50s, they are more likely to have their disability claim approved by the SSA.  The SSA believes that as people age, their ability to transition into new employment areas diminishes. Older claimants become less adaptable and less able to switch to a different job in order to cope with health problems. For example, a person disabled due to a foot injury may cause a younger adult in his/her 30s to switch to a job in which he/she can sit down most of the time, but may disable a person in their late 50s because they are  unable to adjust to a different type of work.

The Social Security Administration (SSA) has developed a medical-vocational guideline known as the "vocational grid" to help SSA employees in determining disability outside of evaluation of medical condition.  These rules were developed to help the SSA focus less on medical problems and more on the claimant's age, education, and work background. The premise of the grid rules is simply that the SSA recognizes that as individuals get older, they will have a more difficult time finding a job.  Specifically, Social Security recognizes that employers are less likely to offer an entry level job to a man or woman aged 50 or older.  In addition, the less education or fewer job skills the disability claimant has, the harder it will be to find employment.

Even though Disability Lawyer Scott Lewis finds it easier to win an adult over the age of 50 disability benefits, this doesn't change the fact that a large percentage of claimants who are awarded disability benefits are in their 30s or younger. Regardless of a disability applicant's age, if the SSA determines that the claimant's residual functional capacity (physical, mental, or both) has prevented, or will prevent, him/her from engaging in substantial gainful activity for 12 months or longer, that individual will be approved for benefits if he/she meets or equals a medical listing.

If you are disabled and your disability is preventing you from working, you may qualify for SSDI or SSI benefits.  Regardless of your age, disability attorney Scott Lewis offers a free consultation of your disability claim.  At the law office of Scott D. Lewis, Mr. Lewis and his staff eagerly await your call at (317) 423-8888 to discuss your disability claim.  Call now for your FREE consultation!

The amount of inquiries Indianapolis Social Security attorney Scott Lewis receives on a weekly basis concerning child Social Security disability benefits is quite large.  The parent(s) or guardian(s) of these children have many questions concerning the eligibility criteria for qualifying for disability benefits.  The Supplemental Security Income (SSI) program can provide disability payments to children from birth to eighteen years of age if they meet medical and resource requirements.

Indianapolis disability attorney Scott Lewis finds many families fail to receive payments for a disabled child due to Social Security's income and resource rules.  The Social Security Administration will not only consider income and resources of family members living with the child, but also the income and resources of the child.  Indianapolis Social Security disability attorney Scott Lewis finds most families are surprised to find the threshold for income and resources is usually a lower figure than they had anticipated.  So even if your child meets the medical disability requirements set by the Social Security Administration your claim can be barred due to income and resource restrictions. 

Now in the event your family and child's income and resources are below the limit set by the Social Security Administration, you next must meet the Social Security Administration's rules for disability.  The child must have marked and severe functional limitations with a mental or physical condition, or a combination of conditions that have lasted or is expected to last for a period of twelve months.  Also, for 2011 the child can not be working and earning over $1,000 a month.   

When it comes to examining the mental or physical disability the child experiences, the Social Security Administration will consider:

• Functioning in motor skills.
• Functioning in personal skills.
• Functioning in cognitive and communicative skills.
• Functioning in response to stimuli for infants.
• Functioning in concentration, persistence, or pace.
• Functioning in social skills.

It should be noted, the child must have an extreme limitation in one of the above, or a marked limitation in two of the above.

Indiana Social Security lawyer Scott Lewis finds it very beneficial to have a treating physician with a long standing professional relationship with the disabled child to document and be prepared to verify medical information that the child has marked and severe problems in these areas of functioning to establish disability. If your child ends up at an Administrative law Judge (ALJ) hearing to determine disability, some of the questions the judge may inquire about may be simple questions as to whether your child is doing age appropriate activities, are they in the correct grade at school, are they in learning disabled classes, or if they engage in activities outside of school, and various other questions.  In Indiana disability lawyer Scott Lewis' experience, one of the questions you may ask yourself is how your child is different than other children his/her own age?  

If you have more questions concerning your child's claim for Indiana Social Security disability benefits, you can contact Mr. Lewis and his staff for a free consultation.  Disability lawyer Scott Lewis talks with many individuals with children who suffer from autism, various learning disorders, mental retardation, bipolar disorder, and other disabling conditions.  Call (317) 423-8888 for a free case evaluation today!

Indianapolis Social Security lawyer Scott D. Lewis usually advises his clients to apply for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits when filing their initial application.  Mr. Lewis believes it is important to apply for both programs because if you are not eligible for one program the other program may be right for you.  Indiana disability claimants should be aware; however, the criteria is different for the two programs.  The Supplemental Security Income (SSI) program will look at an individual's resources to determine if they qualify financially and how much their monthly benefit might be.

Why does the Supplemental Security Income (SSI) program care about your resources?  Resources are just one of the factors to figure out whether you are eligible for the benefits.  Indiana disability claimants need to know there is a limit for countable resources.  At the current time it is $2,000 for an individual and is $3,000 for a couple.  Indianapolis Social Security Attorney Scott Lewis lets his clients know they will be asked various questions about their resources by the Indiana Social Security Administration (SSA).

What does the Social Security Administration (SSA) consider resources?  This is not limited to, but can include things like:

• life insurance
• land
• personal property
• cash
• items that can be changed to cash for food and shelter
• vehicles

There is also something called "deemed" resources. This can be some of the resources of a spouse, parent's spouse, and parent, just to name a few.

If you find you have not worked long enough to be awarded Social Security Disability Insurance (SSDI) benefits, then the Supplemental Security Income (SSI) program may be the right fit for you.  If you have questions concerning your Indiana Social Security benefits call Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  You can protect your rights by hiring a qualified Indiana Social Security lawyer.  Attorney Scott Lewis handles a wide range of disabling conditions such as stroke, heart disease, schizophrenia, diabetes, carpal tunnel syndrome, and many other conditions.  Call (317) 423-8888 for your free consultation!

As with all Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefit recipients, Indiana disability benefits recipients are not going to see an increase in their monthly disability payment in 2011. On October 15th, 2010, the Social Security Administration (SSA) announced that there would be no Cost-of-Living Adjustments (COLA) for 2011. This is the second year in a row that there was not an increase to SSDI, SSI or Social Security retirement benefit payments.  Over 50 million Americans receive some form of Social Security benefit.

What are Cost-of-Living Adjustments (COLA)? COLA is an automatic adjustment to the SSDI or SSI recipient's monthly benefits that may occur each year. The COLA increase is based on the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year.  This percentage increase of COLA is strictly based on the CPI-W increase so, when there is not an increase in the CPI-W then there is no increase in COLA.  CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor.  The purpose of the COLA increase is so the purchasing power of SSDI or SSI benefits keep in pace with consumer prices and that benefits are not eroded by inflation.  

Why isn't there a COLA increase in 2011?  As in 2010, because there was no increase in the CPI-W from the third quarter of the previous year to the third quarter of the current year. Therefore, SSDI and SSI payments will remain the same in 2011.  In the last two years, overall inflation has been low, largely because of the economic downturn.  It has been predicted by the Congressional Budget Office that inflation will remain low for the next several years.  As a result, this may mean that Social Security recipients may not see a COLA increase for several years to come. 

Even with the economic downturn, SSDI and SSI claimants are still receiving their monthly disability payments and hopefully will never see a decrease in these payments.  Indianapolis Social Security Disability Lawyer, Scott D. Lewis represents clients with various disabilities.  If you or someone you know is unable to work due to back problems, arthritis, mental disorders or a combination of impairments, you may qualify for Social Security disability benefits.  Attorney Scott D. Lewis represents those individuals that have been denied disability benefits.  If you have been denied disability benefits, Scott Lewis may be ablet to you with your disability appeal. Call Attorney Scott Lewis for a free consultation regarding your disability claim at (317) 423-8888.  Scott Lewis and his staff are waiting to assist you with your Social Security disability claim! 

Indiana Social Security Disability Lawyer Scott D. Lewis represents individuals that are unable to work due a disabling condition or a combination of impairments. His disability clients have applied for Social Security disability benefits through the Social Security Administration (SSA) and have been denied disability benefits.  Scott Lewis assists disability claimants with appealing their denied claim at the reconsideration level and at the hearing level.  At the Law Office of Scott D. Lewis, Attorney Scott Lewis and his staff offer a free consultation to all disability claimants prior to representing them in their claim.  When Attorney Lewis is consulting with a disability claimant, he often finds himself explaining to the claimant the different disability programs offered by the SSA. In many cases, the disability claimants are unaware of the two different types of programs.  It's important for Mr. Lewis to discuss with the claimant what the difference is between these two programs and which, if not both, program(s) is appropriate for the claimant to apply for.  The two disability programs offered by the SSA are Social Security Disability Insurance (also referred as SSDI) and Supplemental Security Income (also referred as SSI). 

The SSDI and SSI disability programs are the largest of several Federal programs that provide financial assistance to people with disabilities. While these two programs are different in many ways, both are administered by the SSA and only individuals who have a disability and meet medical criteria may qualify for benefits under either program. Whether you are a disability claimant suffering from cancer, heart disease, mental disorders, back pain, or any other disabling condition, your impairment has nothing to do with which disability program is right for you.  To determine which program you may qualify for it is based on work history and/or your income & resources. 

The Social Security Disability Insurance (SSDI) program is a payroll tax funded federal insurance program that is offered to disabled people who have worked long enough (according to Social Security standards) and have paid Social Security taxes.  SSDI payments are paid to qualifying individuals and certain members of their family.

The Supplemental Security Income (SSI) program is paid to disabled individuals who do not qualify for SSDI and are based on the financial need of the individual.

Again, the medical requirements for disability payments under both programs, SSDI & SSI, are exactly the same and each of these programs have the same processes for applying, appealing, and evaluation of the claimant's disability claim.  Some claimants are unsure of which program to apply for when seeking Social Security disability benefits.  Attorney Scott Lewis advises most claimants to apply for both programs when they become disabled.  

If you or someone you know has been denied Indiana Social Security disability benefits or if you are unsure of what disability program that you might qualify for, contact Indianapolis Disability Attorney Scott Lewis or his staff at (317) 423-8888 to discuss your claim.  There is no obligation and Scott Lewis offers a free consultation to disabled individuals seeking SSDI or SSI benefits.  Call today to discuss your disability claim!

Indianapolis Social Security disability benefits recipients receiving either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments are entitled to a Cost-of-Living Adjustment (COLA) each year.  COLA is an automatic adjustment to the recipient's benefits that may occur each year.  Indiana Social Security Disability Attorney Scott Lewis tries to explain to his clients how COLA may affect their disability payments.The purpose of COLA is so the purchasing power of SSDI or SSI benefits is not eroded by inflation.  The increase in payments is determined by the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year.  This percentage increase of COLA is strictly based on the CPI-W increase so when there is not an increase in the CPI-W then there is no increase in COLA.  CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor. 

In 2010, there was no increase in COLA.  As all SSDI and SSI recipients experienced, this is the first time in history, dated back to 1975, that there was not an increase in COLA. There was no SSDI and SSI COLA increase in 2010 because there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009. Therefore, SSDI and SSI payments remained the same in 2010. 

Indiana SSDI and SSI benefits recipients may be wondering if there will be a COLA increase in 2011.  According to recent studies, experts are predicting that there may not be a COLA increase in 2011 and possibly in 2012 due to lack of inflation. Official projections will be determined later this month.  Most Social Security disability recipients rely on these benefits as their only source of income. In some cases, the effects of no increase in COLA may be financially painstaking. 

At the Law Office of Scott D. Lewis, Attorney Scott Lewis encourages disability claimants to apply for Social Security Disability Insuramce (SSDI) or Supplemental Security Income (SSI) immediately when they become disabled. In his Social Security disability law firm, he assists his clients with appealing their denied Indiana Social Security disability claim.  So, if you have been denied SSDI or SSI benefits for mental disorders, back pain, learning disabilities, cancer, epilepsy, and any other disabling conditions, contact Scott Lewis at (317) 423-8888 for a free consultation. 

Indianapolis Social Security Disability Attorney Scott D. Lewis has many clients that win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim by means of a Medical Vocational Allowance. You may wonder what this means when it comes to Social Security disability claims. As Attorney Scott Lewis explains to his clients, it is a way of winning a disability claimant's claim not based on one of the Social Security Administration's (SSA's) qualifying "Listing of Impairments."

So, how can a disability claimant possibly win a disability claim if they don't meet or exceed one of the medical listing of impairments defined by the SSA?  A Medical Vocational Allowance (also known as Med-Voc) is a term used by the Social Security Administration (SSA) to define when someone is awarded Social Security disability benefits when the disability claim does not match one of the disabilities listed in the "Listing of Impairments."  How does this work?  When the SSA is reviewing a disability claimant's application, the examiner will request all medical records from sources the claimant has listed on their application.  Once the medical records are received, the SSA will evaluate the claimant's condition and compare the impairment with the listings of the SSA's "Listing of Impairments" (Blue Book).  The "Listing of Impairments" is a list of all qualifying conditions and impairments with their symptoms that a claimant must meet in order to be eligible for SSDI or SSI benefits.  If a claimant does not meet or exceed a particular listing, the claimant is often denied disability benefits.  However, this is how the Med-Voc comes into play.  When a disability claimant does not meet a listing, but the SSA examiner decides based on the claimant's medical evidence that the claimant's disability is severe enough, that the claimant is unable to work, and the claimant is not able to engage in Substantial Gainful Activity (SGA), the claimant may be approved for disability benefits.  If this is the case, the claimant is given a Medical Vocational Allowance and is approved for disability benefits. 

Some common examples of impairments or conditions that may not meet a listing but might be able to get approved by a Medical Vocational Allowance are back problems, diabetes, obesity, or fibromyalgia.  Attorney Scott D. Lewis has experience in representing disability claimants that have been denied SSDI or SSI benefits.  If you are a disability claimant that has been denied disability benefits, call Indianapolis Social Security Disability Attorney Scott Lewis for a free consultation regarding your appeal at (317) 423-8888.

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.

Indiana residence who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments may not be aware of the most recent announcement by the Treasury Department that disability checks may become completely paperless.  In December of 2010, the Treasury Department announced that government issued checks to SSDI or SSI recipients will begin going paperless as of May 1, 2011.  Many Indianapolis disability benefits recipients may wonder why the Treasury Department made this decision and how this will effect the disability recipient.

Why did the Treasury Department decide to go paperless with disability payments? Currently, approximately twenty percent (20%) of disability claimants still receive their disability payments by check.  Many factors go into making this decision.  First and foremost, the greatest benefit of going paperless to the SSDI or SSI recipient is that it will eliminate the risks of lost and stolen checks, and provides the disability recipient immediate access to their money on payment day.  From a government standpoint, there will be great savings to the government by going paperless.  The paperless effort is projected to save the Social Security Administration (SSA) roughly $1 billion dollars over the next ten years. This will be beneficial to taxpayers because the SSA spends approximately $120 million each year to mail paper checks to the SSDI and SSI benefits recipients.

How will the SSDI or SSI benefits recipients, who are currently receiving their payments by checks, be affected?  Because the paperless effort is going into effect on May 1, 2011, the Treasury Department is going to require SSDI and SSI recipients to arrange for an electronic direct deposit account by March 1, 2013.  Disability benefits recipients will be offered an educational program by the Treasury Department to guide them through this process.  This national program will be directly related to the switch to electronic payments.

How will these paperless payments be received?  Disability recipients will receive their payments either by direct deposit into a bank account or by a "Direct Express" debit card. Some may argue that this is not feasible for many older disability recipients who are lacking technical skills.   Although the original proposed regulations didn't provide exceptions to the paperless effort, consumer advocates lobbied for the Treasury Department to make exceptions for those individuals that will be heavily burdened by the switch.   Since the original announcement, the Treasury Department has carved out some exceptions to the new paperless regulations.

Attorney Scott D. Lewis agrees that there seems to be many benefits to going paperless, especially because the number of Social Security disability recipients is continuously increasing, but there are still great concerns for his clients that are lacking technology skills to make this transition.  As an Indianapolis Social Security Disability Attorney, Scott Lewis recommends his SSDI or SSI claimants to take advantage of the educational programs offered by the Treasury Department to make a successful switch from paper checks to the new paperless system.

If you or someone you know is applying for Social Security disability benefits, or have already been denied disability benefits, contact Attorney Scott D. Lewis at (317) 423-8888 for a free consultation regarding your claim.  Mr. Lewis and his staff are ready to assist you with your disability claim!

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.