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May 22, 2014

Is My Initial Consultation Really Free?

Your initial consultation with our office is free, and there are many reasons why.  When you call our office to initially discuss your claim, you will probably have many questions.  So will we.  We will need to talk to you to get an idea of whether you qualify for one of Social Security’s disability programs.  Also, during this first interaction with you we can get pertinent information that will give us a better “feel” for how we can help you.  Some of the questions we will probably ask you include, but are not limited to:  Are you still working?  It is possible to qualify for Social Security disability benefits even if you are working, but there are limits on the number of hours you can work and the amount of monthly gross income you can earn. When is the last time you worked?  What is your household income?  The Social Security Administration (SSA) has two disability programs: eligibility for Social Security Disability insurance (SSDI) is based on the number of work credits you have earned in the past ten years; Supplemental Security Income (SSI) is based on your household income and financial resources. What medical conditions do you have that keep you from being able to work?  These conditions can be mental, physical, or a combination of both; Social Security typically requires medical evidence showing that you have been diagnosed with these conditions and are receiving treatment for them. There are many other factors involved in a Social Security disability claim, including your age, education, and prior work experience.  You may wonder why these things are important.  The SSA determines your ability to work based on many things.  In some cases, Social Security takes into account the fact that there are fewer job opportunities in the economy for people over the age of fifty. … Continued

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April 25, 2013

Filing Your Initial Social Security Disability Application

I receive numerous telephone calls from my Indiana neighbors asking how to file an initial Social Security disability application. I typically recommend that they start the application process on their own, because most of the initial application involves providing information to the Social Security Administration (SSA) that only the claimant will know.  It is usually easier to provide that information directly to the SSA rather than to go through an intermediary. There are essentially three ways to file an initial claim: Visit your local Social Security office.  If you want to talk face to face with someone when you file your claim, this is your best option.  One advantage to applying in person is that you can get answers to any questions you may have, and having a Social Security employee assist you with your application should help to ensure you are providing all of the information the SSA wants.  On the other hand, if you go to the office without an appointment you may have to take a number and wait for a long time before finally being able to talk to a Social Security employee. Call the toll free number.  By calling 1-800-772-1213, you can talk to a Social Security employee who can answer your questions.  Most likely, the employee will make an appointment for you to either visit your local office or complete a telephone interview to start the application process. Visit the Social Security’s website at www.ssa.gov.  If you are comfortable using a computer, this is by far the most convenient option.  At Social Security’s website, you can complete your application online without having to make an appointment or spend time waiting at the local office.  The website takes you step by step through the application form and the Adult Disability Report.  Once you have completed all the steps, the website will instruct you to print some pages and mail them to … Continued

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November 21, 2011

Mental Disorders and Your Treating Physicians

Indianapolis Social Security disability lawyer Scott Lewis talks to numerous clients about their mental condition(s) and finds that some of his clients may not be receiving the type of medical care they need in order to win their Social security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  Unfortunately, the Social Security Administration (SSA) does not put as much weight in all of the physicians you may be seeing because your medical professional may not specialize in a particular area. Mr. Lewis attempts to let all of his clients suffering from a mental condition that is preventing them from working to attempt to get appropriate medical treatment and that may be from a psychiatrist, psychologist, or therapist.  In Mr. Lewis’ experience a professional in the mental health field is usually more qualified to render a diagnosis that the Social Security Administration will recognize as legitimate when you are trying to get your benefits approved.  While your general practitioner may have a long history with you and may be very knowledgeable about your personal history, he/she may not possess the credentials needed to diagnose you with a mental disorder in the eyes of the Social Security Administration. It may be as simple as asking for a referral from your treating physician to get to a treating source the Social Security Administration will put stock in.  In Mr. Lewis’ experience many Administrative Law Judges like to see an ongoing therapist patient relationship documenting the progression of the mental illness.  There is usually no substitute for good medical records when stepping into the court room to address your Social Security disability appeal. Indiana disability attorney Scott Lewis represents his Indiana neighbors with a wide variety of disabling conditions including schizophrenia, depression, anxiety, PTSD, and bipolar disorder.  If you or someone you know … Continued

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September 16, 2011

Indianapolis Disability Lawyers Can Help In Appealing Your Social Security Disability Claim

At times, the Social Security disability claims process can be frustrating and confusing.  Indiana disability attorney Scott Lewis talks to many clients about their concerns regarding the disability process.  Going through the difficult time of dealing with a disabling condition combined with the paperwork involved in a Social Security disability claim, may possibly create a very stressful situation.  Mr. Lewis strives to alleviate some of his clients worries by assisting them in the claims process. The Social Security disability claims process has very distinct stages in obtaining an outcome for your claim.  These can include:   Filing the initial claim application   Filing a “Request for Reconsideration”   Requesting a hearing in front of an Administrative Law Judge   Appealing the Judge’s decision to The Appeals Council Obviously the first step in any claim is getting started.  Filing an initial claim can be done by visiting the Social Security Administration’s website at www.ssa.gov or by calling their toll free number at (800) 772-1213, or by visiting a local SSA office.  Mr. Lewis often spends time with prospective clients during this initial stage addressing their concerns. If your initial application is denied, the next stage in appealing your claim is to ask for a “Request for Reconsideration”.  This is basically telling the Social Security Administration they have made a mistake in denying your claim and they need to take another look at it.  Unfortunately, the majority of these requests are denied again, but it is important not to give up at this point if you feel you have a valid claim.  Proceeding on in the next steps in appeals process may be in your best interest. The next step, in what can turn out to be a lengthy process, is to request a hearing in front of an Administrative Law Judge (ALJ).  Statistically, studies … Continued

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September 14, 2011

Social Security Disability Benefits and Your Education

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability.  Indianapolis Social Security disability lawyer Scott Lewis often discusses with his Indiana neighbors just what these factors may include.  The Social Security Administration will consider a person’s age, education, and work experience when analyzing a claim. Why does the Social Security Administration care about your education?  Believe it or not, the Social Security Administration does recognize that individuals with a lower education have less jobs in the national economy available to them.  This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination. It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have.  This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is are you able to work and to determine that the whole picture must be viewed to come up with an answer. Many times at Indiana Social Security disability hearings, a vocational expert or “job expert” is present and has the duty of determining with your disabilities combined with your age, education, and prior work experience whether there are jobs that you can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation. Indianapolis disability attorney Scott Lewis handles claims with a wide range of disabling conditions such as diabetes with neuropathy, cancer, depression, heart conditions, and epilepsy just … Continued

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July 26, 2011

Why Did I Get Denied My Social Security Disability Benefits When the Guy Down the Street Got Them Right Away?

If you only knew how many times Indianapolis Social Security disability lawyers like Scott Lewis have heard this very question. There are many different aspects to a Social Security disability claim and no one case is exactly like another one. While there may not be a clear cut answer to why some Indiana residents find a Social Security disability check in their hands before another person, in Indiana disability attorney Scott Lewis’ experience, there may be a few reasons this can happen and it can include, but is not limited to: Good medical records.  Comprehensive medical records outlining and detailing a disabling medical condition may be the key to a quick favorable outcome in a Social Security disability claim. Prior work experience, age, and education.  In the Social Security Administration’s approval process they determine your ability to work with your disabling condition while looking at age, education, and prior work experience. All disabilities are different and can create different barriers to employment.  While some disabilities may be visually evident, other disabilities like mental disorders may not be visible to the naked eye. The guy down the street may be luckier than you.  That’s right, he may have been evaluated by someone in the Social Security Administration that was more lenient on granting disability claims.  Believe it or not, actual people look at your claim and make a determination. The above are the thoughts and experiences of Scott D. Lewis, and other Social Security disability attorneys or representatives may have different experiences with the Social Security Administration (SSA).  If you have been denied your Indiana Social Security disability benefits and believe it was an unfair decision, contact attorney Scott Lewis for a free case evaluation.

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June 30, 2011

Filing for Social Security Disability Benefits for my Child

An Indiana resident that has a child that suffers from a disabling condition such as a mental disorder or a physical impairment often wonders if they are able to receive Social Security disability benefits.  Indianapolis disability attorney Scott D. Lewis has experience with representing child disability claimants.  Unfortunately, some parents assume that filing for disability benefits is different for a child than from an adult applying for disability benefits.   While there may some differences, the application process is very similar. Because a child has little or no work history, the child disability claimant in most cases would have to apply for Supplemental Security Income (SSI) benefits rather than Social Security Disability Insurance (SSDI) benefits.  Both programs are offered to disabled individuals, but the SSDI program is for those individuals with a qualifying work history.  The SSI program is offered to those disabled individuals who do not have a qualifying work history and have low sources of income or resources. As far as the application a parent or guardian needs to complete on behalf of their child, it is completed and processed in the same manner as an adult disability claim.  Therefore, the child disability claim will be filed at the Social Security Administration (SSA) then forwarded to the state agency handling the claim for the SSA.  This application will be assigned to a disability examiner just like an adult disability claim.  Finally, the child disability claim will either be approved or denied. Although there are many similarities between a child’s disability claim and an adult’s disability claim, there are some slight differences.  A child disability claim will be determined on the basis of residual functional capacity just like an adult’s claim. However, determination whether or not the claimant can return to past work or engage in some form of other work, generally does not apply to children.  In children’s disability claims, … Continued

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June 18, 2011

The Reconsideration Stage of the Social Security Disability Claims Process

At the Indiana law office of social security disability attorney Scott D. Lewis, Mr. Lewis and his staff often find themselves explaining the different stages of the disability claims process to those individuals seeking disability benefits. Individuals that have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits often find themselves receiving a denial letter from the Social Security Administration (SSA). When the SSA notifies the disability claimant that their initial application was denied, it is up to the applicant to continue the disability claims process by appealing the denial. Within sixty (60) days, plus five (5) days for mailing time, the disability applicant must file the appeal with the SSA.  This stage of the claims process is called the “Request for Reconsideration” stage.  This request is simply asking the SSA to reconsider your disability claim. Once this “Request for Reconsideration” is submitted by the Indiana disability applicant, the request for reconsideration goes back to the same state agency who denied the claim the first time, but a different examiner at the Disability Determination Section (DDS) of the SSA reviews both the initial application and the “Request for Reconsideration”.  Once the disability examiner at the Disability Determination Section (DDS) makes the reconsideration determination, the applicant will be informed by mail.  Unfortunately, statistically about 80% of the time the reconsideration decision is the same as the initial decision resulting in another denial. However, statistically about 20% of the time a claimant wins at the reconsideration level.  In most states, in Indiana, if you want to appeal a denial of Social Security disability benefits, you must go through the reconsideration appeals process. There is no way to avoid it. In a few states, the Social Security Administration has abolished reconsideration and you can file an immediate request for a hearing before an Administrative Law Judge (ALJ). The denial notice from Social Security … Continued

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May 31, 2011

Can I Represent Myself at My Indiana Social Security Disability Hearing?

Most Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claimants initiate the disability claims process by filing their initial application for benefits on their own or with assistance from a family member or friend. Unfortunately, some statistics report that nearly 80% of disability claims are denied at the initial application level. Indianapolis Social Security disability lawyer, Scott D. Lewis, has experience in the disability appeals process.  Mr. Lewis offers a free consultation to those individuals that are unable to work due to a disabling condition or a combination of disabling conditions. Once the Social Security Administration (SSA) denies your disability claim, you may want to contact a qualified Social Security disability lawyer or representative to discuss your Indiana disability benefits claim.  Although optional, Mr. Lewis recommends having legal representation at your disability hearing.  An experienced disability attorney or representative can be trained in presenting and arguing disability cases in front an Administrative Law Judge (ALJ) and may be trained in questioning the vocational expert or medical expert that may potentially be at your hearing.  Indiana disability claimants may argue their own case in front of an ALJ, but some statistics show that disability claims that are argued by a disability attorney or representative are more likely to win. Once Social Security disability attorney Scott Lewis and his staff receive a copy of the claimant’s Social Security file, he and his staff carefully review it. Reviewing the file will inform him what the disability examiners at the initial and reconsideration levels looked at when the claim was denied at those levels. This also gives Mr. Lewis an idea of how strongly or not your own treating doctors support your case. Additionally, reviewing your file allows Mr. Lewis and his staff to identify whether or not certain evidence from some of your medical sources was simply not gathered. Many times, Indianapolis disability lawyer Scott Lewis finds an … Continued

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April 22, 2011

Who Can Help Me with Filing a Social Security Disability Claim?

“I am filing for Social Security disability benefits and I need help with the application process!”  This is a common concern heard among Indiana Social Security disability applicants.  The Social Security disability claims process can be long and frustrating and many claimants struggle with the application process.  Social Security disability attorney Scott D. Lewis assists Indianapolis disability claimants with their Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.  During a free consultation offered by Attorney Lewis, he will ask the claimant where they are in the claims process.  If the claimant is in the initial application stage, he will refer the disability claimant to one (1) of the following sources in order to file their initial application for disability benefits: Visit the Social Security Administration’s (SSA’s) website at www.ssa.gov to apply online.  Once on the SSA’s website, select the “disability” tab at the top of the home page.  You will be directed to a new page, where you will select the “Apply for Disability” box.  Then you will follow the steps instructed on the application.  It should be noted that this application is for the Social Security Disability Insurance (SSDI) program and that if you are applying for Supplement Security Income benefits that a SSA representative will need to discuss your application. Call the Social Security Administration at 1-800-772-1213.  Explain to the Social Security representative that you would like to apply for SSDI and SSI benefits and you would like to schedule an appointment to apply in person. Visit your local Social Security Administration to schedule an appointment to apply for SSDI and SSI benefits. Applying for disability benefits online is convenient and fast.  Although applying online has it’s advantages, it may have some disadvantages.  Unless you have a family or friend assisting you with the online application, you are completing it on your own.  … Continued

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