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April 18, 2011

Will I Have To Talk At My Indiana Social Security Disbility Hearing?

Indiana residents waiting on a Social Security disability hearing may find themselves anxious  and worried about what will happen when they enter the courtroom.  Indianapolis disability attorney Scott Lewis is often asked by his clients whether or not they will have to speak at the hearing.  Mr. Lewis advises his clients that they probably will have to speak at the hearing, but at the same time they should expect to be prepared for what kind of questions they will be asked. As an Indiana Social Security lawyer, Mr. Lewis believes it is a very important part of his job to prepare his clients for the hearing.  Although no Administrative Law Judge (ALJ) is exactly the same, there is usually a general framework of questions that are asked of each client.  Indianapolis attorney Scott D. Lewis lets his disability clients know they are usually asked personal questions, job related questions, and medical questions.  Mr. Lewis believes your answers are sometimes judged as to whether you are credible.  In other words, are you believable, are you telling the truth, and are you exaggerating how much pain you are in. Indiana Administrative Law Judges conduct numerous hearings every year and some can be pretty slick in the way they question you and may even try to trick you into making contradicting statements.  It is important to tell the truth and do not overstate the problems you are experiencing.  If you are honest and realistic about the problems you are experiencing then you will not have to worry about the credibility of the statements you make.  The pain you experience is usually not something a test can measure, so your own opinion of your pain is all an Administrative Law Judge can count on. Indianapolis Social Security attorney Scott Lewis believes a good attorney … Continued

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April 11, 2011

How Long Will I Have To Wait For My Social Security Disability Hearing?

There is still a tremendous backlog of individuals waiting for an Indiana Social Security disability hearing. Indianapolis disability lawyer Scott Lewis spends much of his day explaining to current and future Social Security disability clients that they are in a long line waiting for their day in front of an Administrative Law Judge (ALJ). Statistically your chances of winning your claim go up when you finally enter a courtroom to present evidence in front of an ALJ, but the Social Security Administration (SSA) is not going to pay your bills during this long wait. So exactly how long does it take to get your disability hearing in Indiana?  It depends on a variety of factors.  The Indianapolis Office or Disability Adjudication and Review (ODAR) is currently one of the more lengthy waits if your hearing is in Indiana.  There are other hearing offices throughout the state of Indiana that are quicker to get you your day in court.  Can you pick where you have your hearing?  No, it is assigned a location depending on where you reside. Is there any good news on the horizon?  Things MAY be looking up. Indianapolis Social Security disability attorney Scott Lewis has noticed a decrease in the wait time in some cases.  In the recent past,  Mr. Lewis would tell his disability appeals clients the wait was generally running 18 – 24 months from the date they requested a hearing until they would actually see a judge.  Lately, Mr. Lewis has seen individuals receive a Social Security disability hearing in 12 months after requesting a hearing. Does this mean your hearing will be within 12 months of the day you requested it?  Probably not.  Many factors determine your hearing date including what Administrative Law Judge you are assigned, whether you have an in person … Continued

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March 9, 2011

Where Will My Indiana Social Security Disability Hearing Be Held?

Indianapolis disability attorney Scott Lewis travels throughout the state of Indiana and various other states to represent Social Security disability claimants at their Social Security disability hearing.  Due to various reasons, he is able to practice Social Security disability law in many different geographic locations.  At times, when one of his Indiana Social Security disability claimant moves, Mr. Lewis will travel to another city or state to remain as his or her client’s disability case representative.  Many Indiana Social Security disability claimants may wonder where exactly will their disability hearing take place as they are approaching their hearing date.  Once the hearing date is established by the Social Security Administration (SSA), the disability claimant will be notified in writing by the SSA of the date, time, and location of their hearing in front of an Administrative Law Judge (ALJ). The Office of Disability Adjudication and Review (ODAR) is in charge of conducting hearings and giving out disability benefit decisions in determining if an individual is eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Currently, ODAR has 10 regional offices, 161 hearing offices (including 7 satellite offices), 5 national hearing centers, and 2 national case assistance centers.  There are approximately 1,300 Administrative Law Judges (ALJs) in the field organization. ALJs may travel to other sites such as local Social Security offices to conduct hearings if needed. In most cases, Social Security disability claimants will be assigned the hearings office or location closest to their listed residency.  In order to find the ODAR office closest to you, visit ODAR’s website.  The Indianapolis ODAR hearings office is located in downtown Indianapolis.  This hearings office services Social Security fields offices for Anderson, Bloomington, Columbus, Indianapolis Downtown, Indianapolis Northeast, Indianapolis West, Kokomo, Muncie, and Richmond. Disability Attorney Scott Lewis frequents the Indianapolis ODAR hearings office … Continued

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February 14, 2011

Indianapolis Disability Attorney Scott Lewis Discusses Absenteeism in the Workplace and Social Security Disability

Indiana Social Security disability attorney Scott D. Lewis has many disability clients who claim that their disability causes them to miss too many days of work to hold down a job.  In Mr. Lewis’ experience, Indianapolis disability claimant’s who have a mental condition or a physical condition that causes them to be absent from work on a regular basis may be a factor in determining whether they receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. When a Social Security disability claimant gets denied SSDI or SSI benefits, the claimant has the right to appeal that decision made by the Social Security Administration (SSA) by requesting a hearing.  Once the disability claimant is in front of an Administrative Law Judge (ALJ), the claimant often sees other individuals in the hearing room.  One of these individuals may be a Vocational Expert.  A Vocational Expert is at the hearing to testify to which jobs the claimant may or may not be able to perform due to their disabling condition(s).  As Attorney Scott Lewis questions his clients regarding their disabling condition(s), he often finds that his Indiana disability clients have difficulty with regular attendance in a work setting.  Many times, disabling conditions such as depression, anxiety disorders, chronic pain, and other disabling conditions can result in an individual’s inability to get out of bed every morning and make it to their workplace.  At the hearing, a Vocational Expert (or job expert) may testify that two or more absences per month may result in termination of employment. At times, in Indianapolis Social Security disability lawyer Scott Lewis’ experience, in the above line of questioning when the job expert states that no employers will permit this type of absenteeism, it may result in a favorable decision. At an Indianapolis Administrative Law Judge appeal hearing, claimants often find the line of questioning … Continued

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January 21, 2011

Indiana Social Security Disability Hearing Bench Decisions

Indianapolis Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants often find themselves being denied their Social Security disability benefits. As these disability claimants fight for what they believe they deserve, they appeal the Social Security Administration’s (SSA) denial by requesting the SSA to reconsider their claim. This is called a “request for reconsideration.” Often, this request is again denied by the SSA which leads to a second appeal in which a disability claimant will request that their claim be heard in front of an Administrative Law Judge (ALJ). This appeal is called “a request for a hearing in front of an Administrative Law Judge.” Indiana Social Security Disability lawyer Scott D. Lewis represents disability claimants who have been denied SSDI or SSI benefits.  At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis and his staff understand their client’s frustration when it comes to the appeals process and the length of time it takes to get in front of an ALJ.  As Mr. Lewis prepares for his client’s disability hearing, he continues to gather medical evidence to support his client’s disability claim, prepares a brief for the judge and also discusses with his clients what they can expect at the hearing.  Most of his clients are eager to know how soon after the hearing they will find out if they won their disability claim. Indianapolis disability attorney Scott Lewis explains to his clients to be prepared to go home from the hearing without knowing if they won their disability claim or not.  In most cases, the judge will give a written decision which may take months.  Written decisions vary in time based on the judge and other factors involved in decision writing.  In some instances, it is very clear that the claim should be granted and in these cases, the ALJ might issue … Continued

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January 14, 2011

How Does a Social Security Disability Claimant Prepare for a Hearing?

Indianapolis Social Security Disability Attorney Scott D. Lewis provides a free consultation to Indiana residents seeking disability benefits. During these consultations, he often finds himself explaining the claims process to the disability claimant. Many individuals are concerned with how they can best be prepared for their upcoming Social Security disability hearing. Mr. Lewis always tries to take the time to explain to his clients how they, as the claimant, can be best prepared for their day in front of an Administrative Law Judge (ALJ). Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants who have been denied at the initial level and reconsideration level of the application process must request for a hearing in front of an Administrative Law Judge (ALJ).  many sources indicate, although it is not required, statistically claimants with representation, such as a Social Security disability lawyer or a representative, have a better success rate with winning their disability claim.  Once the claimant obtains his/her disability attorney, it’s important that the claimant keep the attorney informed.  At the law office of Scott D. Lewis, Mr. Lewis and his team strive to review the claimant’s file to make sure his/her medical records within the file are current.  If the law office contacts you to complete paperwork pertaining to your medical records, it is the claimant’s responsibility to complete the appropriate paperwork immediately and return it to the law office.  If the claimant does not complete the paperwork in a timely manner, it may delay medical evidence being submitted to the claimant’s record.  Medical evidence is translated by your disability attorney to determine your work limitations, and at times medical professionals list these limitations in the medical records.  It is important that while in the waiting period that claimants should continue to see their medical physicians.  When visiting the doctor(s), report your symptoms … Continued

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January 10, 2011

The Hearing Brief and Your Indiana Social Security Disability Appeal

Indianapolis Social Security Lawyer Scott D. Lewis often finds it helpful to write a hearing brief in preparation for an upcoming Indiana Social Security disability hearing.  A hearing brief can serve as a theory of the case and provide a framework for how your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case may be argued.  Attorney Scott Lewis believes there are many advantages to submitting a brief before a hearing, and these may include: A concise explanation of how the claimant meets or equals the criteria for disability. Citations to medical records of importance and citations to Medical Provider Questionnaires and Physical/Mental Functional Residual Capacity Assessments if they are contained in the file. The brief can help the attorney or representative prepare for the hearing and make him/her aware of positive and/or negative aspects of the claim. Some Administrative Law Judges ask for a brief to be submitted. Set the attorney/representative apart from those individuals who do not submit a brief. Make it easier for the Administrative Law Judge (ALJ) to render a favorable decision  There are usually numerous medical documents in a claimant’s file; therefore,  Indiana disability lawyer Scott Lewis believes it makes sense to point the Judge in the correct direction and hope he/she agrees with your summary of the case. The above are just a few reasons a hearing brief may be beneficial in being awarded Social Security disability benefits.  It should be noted all Administrative Law Judges handle Social Security cases differently and the submission of a hearing brief may not have an impact on your Indiana Social Security disability claim.  It has been the experience of Indianapolis Social Security disability attorney Scott D. Lewis that a well written brief can help him in the formulation of a well thought out consistent theory of your … Continued

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January 5, 2011

Is There A Way I Can Get My Indiana Social Security Disability Hearing Faster?

Maybe you are getting tired of waiting for your Indiana Social Security disability appeal hearing and now you are wondering if there is some way to get in front of a Judge quicker.  You may now find this long wait to have your disability claim heard has put you and your family in financial turmoil and cannot believe it is taking this long to enter an Indiana Social Security disability courtroom.  Indianapolis Social Security lawyer Scott Lewis fields many calls asking this very question, and he lets these Indiana residents know there are ways to get there faster, but the criteria to do so may not sound very appealing. There are circumstances where the Social Security Administration (SSA) will at times move you up in the waiting process and these situations are  considered “dire circumstances”.  These critical cases include: Military service casualty cases Compassionate allowance cases The claimant is homicidal or suicidal The claimant has a terminal illness Shelter, food, or medicine is unavailable and the claimant is unable to obtain it The aforementioned criteria to establish an Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim as “dire need” is only a framework to go by, the facts in each individual case vary and can effect a case differently.  Indianapolis disability lawyer Scott Lewis can discuss your particular case in more detail.  If a claim is determined to be dire need, a hearing office should take immediate action to expedite the Social Security disability claim. Unfortunately, with the current hearing backlog many Indiana Social Security disability claimants find themselves not fitting into a dire need circumstance, but struggling to make it to their hearing date.  If you have questions concerning Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits contact Scott D. Lewis for a … Continued

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December 7, 2010

Indianapolis Social Security Appeals Lawyer Scott D. Lewis and Why Honesty May Be The Best Policy

Indianapolis disability attorney Scott Lewis often lets his Social Security disability clients know how important it is to be honest at your Indiana Social Security disability appeal hearing. You have waited two years to get a hearing and now you are in front of an Administrative Law Judge (ALJ) for your day in court to try to secure Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. You have worked hard your entire life and accumulated enough work credits to be entitled to your Social Security Disability Insurance (SSDI) benefits, or you are simply disabled and have not worked enough but are still entitled to Supplemental Security Income (SSI) benefits. The ALJ starts his questioning and you are surprised they are a little more in depth about personal issues in your life and now you find yourself squirming in your chair and wondering why in the world the ALJ is interested in these topics. Indianapolis disability lawyer Scott D. Lewis has seen the above scenario on numerous occasions, and at times, squirms in his chair awaiting an answer to be uttered by his apprehensive client.  The truth is many Administrative Law Judges already know the answer to the question they are asking.  They are simply seeing if the Indiana Social Security disability claimant will tell the truth. Clients may be surprised to find when they go to their physician many times he/she is writing down things that an individual might not believe have much to do with their physical or mental disability.  Maybe that you did some very light yard work, went out with friends for a beer, watch your grandchildren occasionally, smoke cigarettes, and many other topics you may regard as meaningless when it comes to a disabling condition.  For example, if you tell the Administrative Law Judge you do … Continued

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December 6, 2010

Hiring an Indiana Social Security Disability Attorney or Representative Is Your Right!

Indiana Social Security disability claimants need to know they have a right to hire an Indiana Social Security lawyer or representative when appealing their denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  In Social Security attorney Scott Lewis’ experience claimants are surprised to find out they do not have to pay any upfront fees when hiring Mr. Lewis.  Social Security Attorney Scott Lewis works on a contingency basis, so you do not have to pay him a fee if he is not successful in winning your claim. At some Indiana Social Security disability hearings, there are experts that will testify as to what your medical condition is and whether or not there are jobs you can perform.  You may find an attorney can help question these experts and help you prevail in your Indiana Social Security disability claim.  An Indianapolis Social Security disability attorney may also be familiar with the court proceedings and may help guide you through difficult questioning.  Indianapolis disability lawyer Scott Lewis tries to prepare his disability clients as to what they may expect when entering the courtroom and how their day in court may go. You have a right to hire an attorney or representative.  Whether an Indiana Social Security disability claimant exercises this right is up to them.  Considering Mr. Lewis’ fee is contingent on winning the claim, disability lawyer Scott Lewis feels his clients are more comfortable in this type of fee agreement.  Most of Mr. Lewis’ clients are in no position to pay upfront expenses or pay an attorney if their claim is not approved.  The last thing an Indiana disabled resident needs is another bill with no income to pay it.

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