September 15, 2010

My Initial Social Security Disability Claim Was Denied, Now What?

You just received a letter stating your Social Security disability claim was denied and you are wondering what to do next?  Indianapolis Social Security disability lawyer Scott Lewis receives calls asking this very question every day. Indiana residents receiving a notice of disapproved claim need to know they have certain rights and can appeal a denial of their Social Security disability claim. There can be a few reasons you find yourself denied by the Social Security Administration (SSA).  When Attorney Scott Lewis hears that your Social Security claim was denied because the Social Security Administration did not feel that your disability was severe enough to prevent you from working, he realizes you may have grounds to appeal the decision. Why did you get denied?  One reason you may have been denied your Social Security disability benefits is because your medical record was incomplete.  In your initial application you may have unintentionally omitted important medical sources.  Another reason could be the SSA was unable to get important medical documentation that you told them about.  There could have been an oversight by the SSA or an oversight by the medical source you provided to them.  In any case, by the time you reach an Administrative Law Judge (ALJ) hearing it is very important that your Social Security claim file is up-to-date and complete.  While the above may be one reason you are denied, there can be many other reasons for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial. What to do next?  A “Request for Reconsideration”, sometimes referred to as an appeal by Social Security disability claimants is usually the next step when receiving an initial denial.  Basically, what you are saying to the Social Security Administration is “hey, you made a mistake take another look at my disability claim”.  You have 60 days plus some mailing time from the date of … Continued

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August 19, 2010

Indiana Social Security Disability Appeals Process Waiting Period

Indianapolis Social Security Disability Attorney Scott D. Lewis represents Indiana Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits claimants with their pending claims. Initial disability claims may be filed at a local Social Security Administration (SSA) office, by calling the SSA’s toll free phone number, or visiting the SSA’s website.  Although it may be discouraging to claimants to hear that some sources report 70% of all claims are denied at the initial application, Scott Lewis encourages his clients to continue to fight for their disability benefits by appealing the SSA’s decision to deny their claim. Statistically, continuing the appeals process may be beneficial to 70-80% of all claims that were initially denied. What’s the downfall to appealing your claim?  Disability Lawyer Scott Lewis would say that it is the time period the Indiana SSDI and SSI claimants have to wait in order to get a hearing in front of an Administrative Law Judge (ALJ).  Attorney Lewis advises all of his claimants to “not give up” and continue with the disability appeals process.  Because of the “backlog” of disability cases in the state of Indiana, Indianapolis Social Security disability claimants may find themselves waiting two years before they are in front of an ALJ for their disability hearing. What does a client do when they are waiting for a hearing in front of an ALJ?  Continue to be patient, keep your Social Security Lawyer informed, continue to visit with your doctors, and do not become discouraged.  As frustrating as it may be, when Attorney Scott Lewis wins his clients claims, often his clients will get a lump sum payment from the SSA for the time that they have waited to get a disability hearing.  Even though the wait may be long, many Indiana Social Security disability claimants find that they have no choice … Continued

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