July 11, 2011
Many people rely on Social Security Disability Insurance and/or Supplemental Security Income benefits for survival. Its not a truckload of money and many Indiana Social Security disability recipients find it difficult to make ends meet with only their disability checks from the Social Security Administration (SSA). So if you are receiving disability payments and wonder if they will ever stop you are probably not alone. If you are receiving Social Security Disability Insurance payments and your disabling condition is as severe as it was when you first were granted benefits and you are not working or receiving income up to a substantial gainful activity amount chances are your payments will probably continue. Although, you should not be surprised if your case is reviewed on a regular basis to determine your eligibility. If you are receiving Supplemental Security Income payments the above criteria applies, but there is an additional aspect of continuing benefits with regard to resources. Supplemental Security Income payments have a financial element along with the severity of your disability and substantial gainful activity. As with SSDI claims, SSI claims can be regularly reviewed to determine continuing eligibility. Indianapolis Social Security disability lawyer Scott Lewis understands how important a Social Security disability check can be to a disabled individual. Mr. Lewis strives to get the benefits his clients deserve. Indiana disability attorney Scott Lewis has helped individuals with a wide range of disabling conditions including stroke, emphysema, fibromyalgia, mental retardation, and diabetes among other conditions. If you have questions, you may want to contact an attorney or claimant representative, as most offer a free consultation.
July 6, 2011
Indianapolis disability lawyer Scott Lewis talks to numerous clients who are suffering from cardiovascular impairments. Many of these individuals have been hospitalized on many occasions and are struggling to keep their lives on track due to the after effects of a heart attack or other heart problem. When attempting to win your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim it is important to remember there are certain aspects of your claim the Social Security Administration (SSA) is focused on. The Social Security Administration does evaluate heart problems under what they term “The Cardiovascular System” in its Listing of Impairments 4.00. This listing outlines the criteria that needs to be met for a finding of disability. This section outlines disabling cardiovascular conditions in different categories and these include: Chronic heart failure Ischemic heart disease Recurrent arrhythmias symptomatic congenital heart disease Heart transplant Aneurysm of aorta or major branches Chronic venous insufficiency Peripheral arterial disease Indiana Social Security disability claimants should keep in mind that medical records may be the key to a successful Indiana Social Security disability claim. Continued medical care by a qualified physician specializing in the area of your disabling condition can create medical records that may be very beneficial in your disability claim. A supportive physician can also help your claim by completing disability forms that outline how your heart condition affects your ability to work. Indianapolis Social Security disability attorney Scott Lewis represents many clients suffering from a heart condition that is preventing them from working and providing for themselves and their family. If you have questions concerning a Social Security disability claim, you may want to contact the SSA, an attorney, or a claimant representative. Most lawyers and claimant representatives offer a free consultation.
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, heart, heart attack, Indiana, lawyer, social security
0 comments || Author: Scott Lewis
June 30, 2011
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
June 27, 2011
Scott D. Lewis is an Indianapolis Social Security disability attorney helping individuals throughout the state of Indiana in obtaining their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. In disability attorney Scott Lewis’ experience individuals who have had a knee replacement can win a disability claim depending on the specific facts in their claim. This blog is designed to discuss some of those issues involved in a knee replacement claim. First it is important to note the Social Security Administration (SSA) does recognize this disability in its Listing of Impairments under Listing 1.02 Major Dysfunction of Joint(s). At times Indiana disability claimants are found disabled by either meeting or equaling this listing due to severe knee impairments. Although, in Mr. Lewis’ experience more individuals are found disabled by another analysis when it comes to individuals who have underwent knee replacement. If you do not equal or meet a listing, your physical residual functional capacity may be so diminished that you are unable to work. In other words, your inability to sit, stand, and/or walk for any length of time may render you unable to perform substantial gainful activity. Also, the pain you experience may make you unable to concentrate or stay on task. Many individuals with severe knee problems and/or knee replacements may find themselves in constant pain whether sitting or standing. The need for the use of a cane while at the workstation may also exclude many occupations. Individuals who need a cane while performing a standing job or a job with a sit/stand option may be considered a one-armed worker and unable to perform that type of work. Some individuals with knee and leg issues that create swelling must periodically elevate their legs to waist level to reduce swelling while at a seated job. This … Continued
June 22, 2011
Indiana disability lawyer Scott D. Lewis has helped individuals win Social Security disability claims involving Aspergers Syndrome when they found themselves initially denied. Many Indiana residents and their families are shocked when they find themselves with a notice of denial when they know this type of impairment can create a huge impact in some areas of functioning. Most of the individuals Mr. Lewis sees with Aspergers Syndrome are children and while there are many symptoms associated with Aspergers Syndrome some of the more common symptoms include: Difficulties with social interaction Repetitive behaviors and problems accepting changes in routines Hypersensitivity to textures, tastes, and sounds. Avoidance eye contact Extreme focus on one area of interest The above symptoms may vary from individual to individual and can have varying degrees of severity. It is important to note, an individual trained in the appropriate medical field can usually better assist in deciding what symptoms are generally attributed to Aspergers Syndrome. Indianapolis disability attorney Scott Lewis has talked with families who have an individual with Asperger’s Syndrome and understands the effects it may have on academic performance, social interaction, and the ability to perform work like activity. It is important to remember the Social Security Administration (SSA) does recognize Aspergers Syndrome as a disabling condition. It may be necessary to appeal your denied Indiana Social security disability claim in order to get the benefits granted that you deserve.
Filed under: Qualifying Disabilities and Impairments || Tagged under: aspergers, attorney, children, disability, Indiana, social security, ssa
0 comments || Author: Scott Lewis
June 18, 2011
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
June 10, 2011
While there are many factors that may have an influence on your chances of receiving a favorable outcome in your Indiana Social Security disability claim, Indianapolis disability Lawyer Scott D. Lewis finds a few factors always seem to stand out. By no means are these the only areas you should be concerned with, but in Social Security disability attorney Scott Lewis’ experience they usually play an important role in your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. The Social Security disability claimant’s medical records. Indiana disability attorney Scott Lewis strives to emphasize to his clients that the majority of successful Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims have a well documented medical record history. If you believe the Social Security Administration (SSA) is going to just take your word on your disabling condition, you may be in for a big surprise when you receive your decision in the mail. How credible the disability claimant is. In other words, are you telling the truth? You can probably guess that the Social Security Administration has seen its share of individuals stretching the truth when it comes to how disabling their condition really is. Indiana disability benefits attorney Scott Lewis attempts to tell all of his clients it is important to be truthful. In Mr. Lewis’ experience, in general, if the SSA or an Administrative Law Judge (ALJ) believes you are not being truthful about one thing, chances are they may not believe you on other aspects of your disability claim. The Administrative Law Judge (ALJ) that is assigned to the disability claim. This is a big one! The amount of claims each individual judge approves varies and each ALJ’s approval rating is all over the board. Some statistics state the average approval rating at the hearing level is … Continued
Filed under: Indiana Social Security Disability Attorney || Tagged under: appeals, attorney, claims, disability, Indiana, social security, ssa
0 comments || Author: Scott Lewis
June 6, 2011
Indiana Attorney Scott D. Lewis represents Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants with their disability claim. Often times, he will get asked by his disability clients if it is important for them to continue to take their medications prescribed by their treating physicians. When Mr. Lewis discusses the claimant’s case, during the free consultation offered at his law office, he often shares with them the importance to continue to visit their treating physicians and the importance of the claimant to comply with the treating physician’s orders, including medications. As disability lawyer Scott Lewis explains the disability evaluation process to his potential clients, he also explains the importance of medical records and medication history. When submitting records in support of the claimant’s disability claim, Mr. Lewis and his staff will attempt to submit all medications prescribed by the client’s treating physician. Many times, claimants will experience side effects with their medications. These side effects may contribute to the claimant’s inability to work. Side effects of some pain medications or other medications may include, but are not limited to: fatigue drowsiness nausea breathing impairment mental fogginess gastrointestinal effects decrease in reaction time These side effects may impact the claimant’s ability to engage in normal daily activities or one’s ability to persist in a work environment. Scott Lewis believes that if a disability claimant does not comply with their treating physician’s medication orders, the Social Security Administration (SSA) may deny their disability claim. In Mr. Lewis’ experience, it may be in the claimant’s best interest to take the medications that have been prescribed by their treating physician and take prescribed medication as instructed. The SSA will determine the severity of the disability and their ability to function while the claimant is medicated. If the disability claimant fails to comply with their medication orders, the SSA may not be able to … Continued
May 27, 2011
Indiana disability lawyer Scott Lewis has on more than one occasion talked with individuals who are suffering from Arnold-Chari Malformation. While the definition of what is commonly called a “Chari Malformation” can be long and perhaps confusing due to complex medical terms in simple terms it is a defect in the cerebellum that it is located below a particular location. Chari Malformation may occur during the fetal period and be present at birth or it may occur as an adult. Symptoms from Chari Malformation may vary from individual to individual in severity. Some of the common symptoms may include but are not limited to: Speech problems Vision problems Gait difficulties Numbness and/or tingling Dizziness Neck pain When attempting to receive Social Security disability benefits for Chari Malformation or any other disabling condition it is usually very important to have detailed medial records. In Indianapolis Social Security attorney Scott Lewis’ experience, appropriate testing for the diagnosis of a disorder may be the key in persuading the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) to decide in your favor. Many individuals may not suffer from any symptoms from Chari Malformation, but if your symptoms prevent you from working you may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Indianapolis Social Security disability attorney Scott Lewis has represented individuals with Chari-Malformation and helped them receive the Social Security disability benefits they deserve.
May 24, 2011
You have received a denial from the Social Security Administration (SSA) for your Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and you had sixty (60) days to appeal this decision. In Indianapolis Social Security disability attorney Scott Lewis’ experience, this is an all too familiar scenario. As some Indiana disability claimants experience, sixty (60) days may not seem like a whole lot of time and passes by before you know it causing you to miss the deadline set forth by the SSA to file an appeal. All SSDI or SSI claimants’ that have been denied disability benefits have the right to appeal that denial decision. As stated above, disability claimants have sixty (60) days from the date of the denial letter to file an appeal. Although, the SSA takes into account that the appeal period begins with the date of the denial notice, so they allow five additional days for the mailing time of the denial notice. Basically, this means that any disability applicant who receives a disability denial has five (5) extra days, for a total of sixty-five (65) days, to get their appeal to Social Security. In order for an appeal to be timely it must be in the Social Security office of jurisdiction on the sixty-fifth day from the date of the notice of denial. Disability claimants that want to file an appeal have a few ways to file the appeal. Appeals can be filed the following ways: Online at the Social Security Administration’s website at www.ssa.gov, Mail in paper appeal forms, or You can go to your local SSA office and file your appeal in person. It really does not matter which method you choose, just make sure to complete all necessary forms and return any requested forms by the deadline date. Disability claimants that are represented by a disability attorney … Continued