Scott D. Lewis - Attorney at Law
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If you are considering filing a claim for Social Security disability benefits or have been denied Social Security disability benefits, contact the law office of Scott D. Lewis immediately for a free consultation.

Are you unable to work due to a disability? Has your Social Security disability claim been turned down? At the law office of Scott D. Lewis, Attorney at Law, LLC, we are strongly dedicated to representing the disabled and their families. At our Indianapolis law firm, we understand your frustration and concern about your financial future. We know that it’s not easy to hear that your Social Security Disability Insurance (SSDI) claim or your Supplemental Security Income (SSI) claim has been denied. We understand how confusing the claims process may seem to the average person. Don’t get frustrated! At our law firm, it’s our mission to professionally represent our disabled clients, as well as their families, and work hard to get you the benefits you deserve.

When you give Indiana Attorney Scott Lewis the opportunity to discuss your Social Security claim, our firm will take the time to listen to your concerns and we will attempt to fully explain how the Social Security benefits system works. Scott D. Lewis is an Indianapolis attorney who focuses on Social Security claims and has resided in the local area his entire life. When it comes to Social Security disability in Indiana, Social Security Disability Attorney Scott Lewis has your best interest in mind.

If you are considering filing a claim for Social Security disability benefits or have been denied Social Security disability benefits, contact the law office of Scott D. Lewis immediately for a free consultation.


Recent Blog Posts

Updating Your Social Security Disability Claim with Your Attorney - With the huge backlog of pending Social Security disability claims, you may think your case has been lost in a sea of paperwork.  My staff strives to let our clients know that just because they haven’t heard from us on recent progress with the Social Security Administration (SSA), we have not forgotten about them.  My staff spends much of the day updating cases and explaining the lengthy wait times to clients waiting to finally get their day in court.  It can be frustrating for clients, and contrary to what some may say, there is no preferential treatment given to a claimant because they hire a certain attorney. So what can you do during this long wait time?  Continue to see your doctors for necessary treatment as long as you can afford to.  Let your attorney know of any update to your medical condition, and if you do not have an attorney then let the SSA know about treatment. It is especially important to provide updates on any new treatment providers you have seen, as this will be particularly useful when it comes time to obtain medical records. Many things can happen while waiting for a hearing—your physical or mental condition may get better, get worse, or stay the same. Another important aspect of keeping your case updated is to let your attorney know if your contact information has changed.  During times of financial hardship, telephone numbers and addresses can change repeatedly.  When it comes time for your day in court, it is imperative that the SSA and/or your lawyer can contact you. We encourage our clients to contact us whenever they have a status update.  The appeals process goes through various stages.  Given the time limits for filing critical paperwork, keeping in contact with your attorney is essential.
Do I Need To Appear At My Social Security Disability Appeals Hearing? - From time to time I am asked “do I need to be at my hearing?”  Always, I let my clients know that they should make every effort to appear in person.  In my practice as an Indiana Social Security Attorney, it is almost always in your best interest to attend your hearing.  My thoughts are, if you have waited this long for the big day to finally arrive and have your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim be resolved, why wouldn’t you show up?  Unless, of course, you were physically or mentally unable to be there. There are circumstances when an Administrative Law Judge (ALJ) will use his/her discretion to allow the claimant to appear by telephone.  Events such as hospitalization, car trouble, or incarceration may warrant such an appearance.  If you can let your attorney know well in advance, you may have a better chance of having a telephonic appearance granted by the Judge. In my experience, if you are physically and mentally able to attend your hearing in person, it may help your case.  One reason I do not prefer video hearings is that the ALJ may not be able to observe all of your problems the way they do in person.  A telephone hearing makes matters even worse.  I want the Judge to be able to see your physical or mental conditions in person.  Your inability to walk steadily, inability to sit uninterrupted during the hearing, and facial expressions could support the underlying medical records.  If the Social Security Administration (SSA) was going to make a determination on your medical records alone, that probably would have already happened.  A hearing is your chance to present your case in person and you do not want to pass on that opportunity, if at all … Continued
Can I Receive Social Security Disability for Bipolar Disorder? - The Social Security Administration (SSA) recognizes Bipolar Disorder as a disabling condition that can result in disability payments.  My clients often tell me Bipolar Disorder prevents them from getting and keeping a job.  While the symptoms may vary from person to person, I see many of my clients simply not having the ability to concentrate or focus long enough to maintain employment. The SSA acknowledges Bipolar Disorder in its Listing of Impairments under listing 12.04 Depressive, Bipolar, and Other Related Disorders.  If you meet or equal this listing, you may be eligible for benefits.  However, there also may be technical criteria that must be met.  Since there is no objective testing that can show the presence of Bipolar Disorder; hospitalizations, ongoing therapy records, and medication compliance may be the key to receiving benefits. In my Social Security Disability practice, one of the challenges to these cases can be consistent and ongoing therapy records, as the diagnosis of Bipolar Disorder is not going to be enough.  The SSA generally wants to see a client-patient relationship documenting the ongoing mental illness and compliance with medications prescribed.  If the symptoms still exist after pursuing consistent treatment, then your claim may be given greater weight. A medical source statement from a treating mental health specialist can help the Social Security Administration and/or an Administrative Law Judge (ALJ) determine your condition is severe enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Some health care professionals are unwilling to produce these types of documents, but it may be in your best interest to ask if they will take the time to do so.  In my experience, these statements should contain a clear diagnosis, how long the condition has lasted and is expected to last, the symptoms, and an opinion on … Continued
Why should you have a brief for your Social Security disability hearing? - At the Law Office of Scott D. Lewis, we submit representative briefs to the Administrative Law Judge (ALJ) prior to our clients’ disability hearing.  In my experience as an Indiana Social Security disability attorney, I find this to be helpful for a variety of reasons.   A well-structured brief can give the ALJ a concise framework for highlighting the important and relevant aspects in regards to a claim for disability. To begin, the brief can outline the procedural aspects or issues with a claim, and show the ALJ what steps or actions have been taken in anticipation of the hearing.  A good brief will show the theory for disability of the case, such as whether the claim meets any Listing of Impairments or whether any of Social Security’s vocational guidelines.  It should cite to a claimant’s medical records to demonstrate the severity of symptoms, point out any objective medical testing, and highlight any medical source statements from treating sources.  A brief should also show how a claimant’s residual functional capacity is so diminished that no full-time jobs could be performed.   In my practice as a Social Security Disability attorney, I find that a brief serves two strong purposes.  First, it allows the ALJ to know what arguments I am asserting for my clients and provides the evidence to support it.  Medical records can contain hundreds of pages of documents, so giving the ALJ the locations of important documents all in one location can prevent some key piece of evidence from being overlooked. Second, I find that it helps me prepare for the hearing. After assembling the brief, I have a stronger understanding of the client, the medical record, and the strategy I plan to use to win the case. Does every ALJ read every brief submitted? Probably not, however … Continued
Is Your Back Pain Preventing You From Working? - I have represented thousands of my Indiana neighbors in their Social Security disability claims, and I can easily say back pain is the most common disabling condition I see.  This pain can be so severe an individual cannot stand, walk, or even sit for any extended period of time.  These types of postural limitations can create an inability to hold down any type of job.  Many of my clients need to change positions constantly, lie down, and take very strong medication just to make the pain bearable. When reviewing your case, there are specific things the Social Security Administration (SSA) will examine.  For example, do you have objective testing showing the severity of your condition?  Just complaining about back pain is usually not going to get you benefits.  Objective testing like X-rays and MRI’s indicating the severity of your condition can be key in a finding of disability. Are you complying with or seeking appropriate treatment?  In my experience, the SSA and most judges want to see that you are trying to make your back better.  This is often done through medication, physical therapy, electrical stimulation, injections, and surgeries.   Exhausting some, or all, of these avenues and still experiencing severe pain can show the SSA you are complying with treatment and that the pain still persists. The SSA has various rules it uses when evaluating back problems.  It can find you disabled by using its Listing of Impairments or by deciding whether or not you have such severe functional limitations you are unable to work an eight-hour day, five days a week.  It is also important to remember the SSA will examine all of your impairments in combination when deciding if you are disabled.  Many of my clients have more than one severe impairment that is creating their inability to … Continued
Breathing Problems and Social Security Disability - Many of my clients having breathing problems as either their sole issue or as just another problem among the many they experience. Breathing problems such as Emphysema, Asthma, COPD, or any other impairment can make it extremely difficult to work.  Sometimes it is very apparent just by talking to an individual, while other times it is more obvious when they are exerting themselves.  The Social Security Administration (SSA) does consider breathing problems when determining a disabling condition.  It may be wise for you to file a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim if you find this or any other condition prevents you from working. My clients often complain that their breathing problems cause many symptoms including but not limited to: Shortness of Breath Fatigue Chest pain Constant coughing Wheezing Chronic Respiratory Infections Unfortunately, many lung problems can be permanent in nature. As with all disabling conditions, the SSA will usually need medical documentation to prove your disabling condition.  A Pulmonary Function Test may help to persuade the SSA your condition is severe enough to receive disability payments.  The Social Security Administration examines pulmonary disorders under the provisions in its Listing of Impairments.  Listing 3.00 Respiratory Disorders outlines the information the SSA uses to determine if a person meets or equals this disabling condition. Receiving the correct type of treatment can be the key to a successful outcome in a Social Security disability appeal. A qualified pulmonologist may be able to provide the medical documentation needed for the SSA to grant your claim.  It is important to remember to let the SSA know you have issues with your breathing, even though it may not be your primary reason for filing a disability claim.  The SSA can consider all of your impairments in combination when deciding if … Continued
How Important Are My Employees To You? - Years of practicing Social Security Disability law have taught me the importance of having an exceptional office staff. Good Social Security help can be hard to find.  From answering initial client concerns to the final day in court, I find my staff to be diligent and caring.  My current staff greatly exceeds my expectations on a daily basis.   My receptionist, Lisa, is one-of-a-kind. She takes the time to listen to our clients.  Even after receiving many phone calls, she takes the initiative to talk with me about her concerns regarding our clients.  She continually asks questions to learn more about the Social Security process and expand her knowledge.  Many of my clients specifically ask for Lisa when they call, knowing she will remember them and address their needs.  The face of my office is at the reception desk, and I am fortunate Lisa is there to greet my clients.   My right hand man is Attorney Robert Tyree. I can trust Rob with every aspect of representing clients and running day-to-day operations of the business.  Rob is quick to answer questions and offer solid legal advice. His professionalism and steady hand cannot be overstated.  In my line of work, there is no task or job I would not trust Rob to handle.   Attorney Nick Moskalick heads up brief writing and formulating legal arguments for hearings. Nick also has daily interaction with new and existing clients, answering their questions and concerns.  Nick has been a welcome addition to the office, constantly striving to make each case stronger.  Nick discusses each case with me and informs me of positives and negatives that may impact a Social Security appeal.   The medical records section is driven by Attorney Jake Jones. Obtaining medical records to support your disability claim is an essential … Continued
Terminal Illness or TERI cases and Social Security Disability - One of the unfortunate realities of my job is that some of my clients are diagnosed as terminal. While being diagnosed with a terminal illness may seem like an obvious favorable decision for the Social Security Administration (SSA) to make, that may not always be the case. Even with this diagnosis the SSA may need more information and can be slow in making a determination.  Hopefully your medical provider, family, and Social Security attorney or representative can gather the information to make it easier for the SSA to make the right decision quickly.   The Social Security Administration avoids the words “terminal illness” and instead calls these cases TERI cases. The SSA defines a TERI case as “a medical condition that is untreatable and expected to result in death.”  Once this type of designation exists, the SSA attempts to expedite the case in the early and later stages of processing.  The SSA has guidelines for identifying these cases and processing them in a particular way.   Getting a medical source statement from your treating physician can be very important. Not only a statement saying the individual is terminal, but also supporting medical evidence establishing a clear diagnosis.  Objective testing and progress notes should be submitted to the SSA to show the severity of the condition.  Many physicians are hesitant to make such statements until all medical avenues have been exhausted.  If you find yourself in this situation it may be in your best interest to let your physician know you are dealing with the Social Security Administration.   If you or a family member finds themselves in this situation, I urge you to contact the SSA as soon as possible to start this process. Qualified Social Security disability attorneys and representatives can also provide guidance on filling out paperwork and … Continued
Social Security Disability and the Durational Requirement - As a Social Security Disability Attorney, I see the Social Security Administration (SSA) turn people down for a variety of reasons. One of the common ways you may be turned down for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) is because the SSA states you do not meet its Durational Requirement.  This is a fairly easy way for them to turn down your claim, but you can appeal this decision and many times find yourself with a favorable outcome in the long run.   What is the “Durational Requirement”? The language the SSA uses requires that you must have an impairment lasting or expected to last at least 12 months.  As you can tell, this can be a pretty subjective standard.  The SSA makes this determination on the current medical records they have on hand.  Unfortunately, your medical record may be incomplete when they make this determination.  You can appeal this decision and if you believe you are unable to work and will continue to be unable to work it is most likely in your best interest to file a Request for Reconsideration or Request for Hearing to move your case along.  You have approximately 60 days to file these appeals and it is very important to do so in a timely manner so you do not have to file another initial application.   It is also important to note your impairment must prevent you from performing Substantial Gainful Activity (SGA) for at least 12 months in a row. What this essentially means is that you cannot receive disability benefits when your wages are over SGA.  This is a monetary amount establishing a cap you cannot go over.  Many of my clients have difficulty grasping this concept when they are holding down a full time job while … Continued
Digestive Problems and Social Security Disability - The impact of digestive problems can be very disabling. I have seen a large increase in the amount of these cases in my practice.  Whether it is due to better detection by physicians or an ever increasing amount of individuals suffering from these disorders, it is obvious these conditions can make a huge impact on a person’s life. While it may seem to you that the Social Security Administration (SSA) does not understand the difficulties you are experiencing, they do acknowledge these disorders in its Listing of Impairments. Listing 5.00 Digestive System-Adult may address a condition you are experiencing.  The Listing of Impairments is a guideline the SSA uses to establish criteria they acknowledge as disabling.  The SSA will usually not only send you to a consultative examination, but obtain and review your medical records from treating physicians to determine if you meet these guidelines.  Unfortunately, in my experience, many individuals are not found disabled on initial application and find themselves appealing their Social Security Disability (SSDI) and/or Supplemental Security Income (SSI) claim. The SSA should determine your Residual Functional Capacity (RFC). Your RFC is basically what your limitations are after your impairments are taken into account. I find many of my clients have symptoms such as, but not limited to: Diarrhea Constipation Abdominal pain Nausea Vomiting Bloating Bleeding Obviously, these are only a representative sample of symptoms. The severity of these symptoms vary greatly among my clients.   The SSA may find you disabled because of the severity of these symptoms. Your symptoms could cause you to be off task too often to compete in a work environment.  You may also have too many absences due to your health to maintain employment.  Digestive issues can create a number of problems that make you unable to work.   I represent … Continued