here
August 19, 2016

If I Had a Stroke, Can I Receive Social Security Disability?

The Social Security Administration (SSA) can determine whether or not you can receive disability payments for the after-effects of a stroke.  While there are two separate disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), the medical requirements to receive payments are the same.  The mental and physical residuals from a stroke can make it difficult, if not impossible, to maintain full time employment. Your first step is to file an initial application.  Some individuals who have suffered a stroke may have difficulty even starting the application process due to difficulties with communication, memory, and typing or writing.  Get help from a friend or family member to start the application if you need to; Social Security recommends that you designate a “third party” whom they can contact if they need additional information.  The application process is designed by Social Security to be completed by an individual without the assistance of an attorney or representative.  However, I have helped many clients file an initial application because they preferred to have the help of someone familiar with the process.  For someone dealing with memory loss, difficulty speaking, and problems getting around, it can be helpful to have an attorney or representative take charge of the case to make sure everything gets submitted on time and to patiently assist with the completion of Social Security’s forms and questionnaires. How does the SSA evaluate individuals suffering from a stroke when determining disability?  First, they decide whether you “meet a listing.”  The SSA publishes a Listing of Impairments that details the information they consider for each specific condition.  Stroke is covered in the listing for neurological impairments under Section 11.04.  What happens if you do not meet or equal the listing for stroke?  Social Security then evaluates whether your residual functional capacity … Continued

Filed under: Indiana Social Security Disability Attorney, Qualifying Disabilities and Impairments, Residual Functional Capacity || Tagged under:
0 comments || Author:

September 24, 2015

What happens to my child’s SSI benefits at age eighteen?

When a child turns eighteen, he or she becomes an adult under Social Security’s rules.  Therefore, if you are receiving Supplemental Security Income (SSI) benefits for your child, you should be prepared for Social Security to re-evaluate your child’s medical condition once he or she turns eighteen. The Social Security Administration uses different criteria for children and adults when determining disability.  First, Social Security has a separate Listing of Impairments for children and for adults.  While many of the listings are substantially similar, the specific criteria for many of the listed impairments are different for adults than for children. Additionally, Social Security evaluates functional limitations quite differently between adults and children.  For adults, Social Security determines the claimant’s “residual functional capacity;” that is, how much he or she is physically and mentally able to do in a work-like setting.  The evaluators determine how much the claimant can lift; how long he or she can sit, stand, and walk; and whether he or she has any difficulties dealing with the mental demands of work.  After determining a claimant’s residual functional capacity, Social Security determines whether a person with those abilities can work full time.  If not, the claimant is disabled. For children, on the other hand, functional limitations are assessed by whether the child has “marked” or “extreme” limitations in certain domains of functioning including acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for himself, and health and physical well-being.  If a child is markedly impaired in two of those areas of functioning compared to other children his or her age, the child is disabled. Because the requirements change when a child becomes an adult, Social Security re-evaluates the child’s medical condition during the year prior to his or her eighteenth … Continued

Filed under: News, Supplemental Security Income (SSI) || Tagged under:
0 comments || Author:

August 19, 2011

Indianapolis Social Security Disability Benefits Lawyers May Be Able to Give You A Good Idea Of What To Expect At Your Appeals Hearing

Indianapolis disability attorney Scott D. Lewis believes one of the most important aspects of his job is to advise his clients as to what they can expect during a Social Security disability hearing.  While Social Security Administrative Law Judges (ALJs) may have varying formats in the way they run the hearings, a general theme usually guides their line of questioning. Disability lawyer Scott Lewis finds the questioning generally falls into three categories and these include: General questions Job related questions Medical questions General questions most likely the easiest questions for the claimant to answer.  Questions concerning your name, address, age, marital status, number of children you have,  height, weight, right or left handed, and even the type of home you live in.  Why does the Social Security Administration care about these things?  Remember, the facts always matter.  If you testify you are unable to take care of yourself, but also testify you have three young children you care for, the Judge may not put as much weight into the testimony that you are unable to care of yourself.  Sound fair? Maybe not, but it is important to remember there is usually a legitimate reason for every question you are being asked. As for job related questions, usually the Social Security Administrations is only concerned with jobs you performed over the last fifteen years that lasted over three months.  Okay, so now you’re thinking, “I have had so many jobs that it’s going to be hard to remember one I performed fifteen years ago.”  Well, the judge at your hearing may have a printout of your past occupations and through a line of questioning can usually help you remember your past relevant employment.  Also, at some hearings a vocational expert or “job expert” may be present and possibly has already examined … Continued

Filed under: Appeals Process, Hearings Process, Indiana Social Security Disability Attorney || Tagged under:
0 comments || Author:

March 23, 2011

I Have Been Denied Social Security Disability Benefits and I Don’t Know What To Do Next!

Indiana residents that have been denied Social Security disability benefits often wonder what to do next in order to get the benefits they deserve. Statistically, it is stated that nearly 2% of Americans apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits each year. SSDI and SSI benefits are available to those individuals with a medical condition or a combination of medical conditions preventing them from working working for twelve consecutive months or longer or expected to be unable to work for 12 months. Unfortunately, approximately 80% of these claims are denied by the Social Security Administration (SSA) at the initial stage of the claims process. Once denied, many disability claimants wonder what to do next. Indianapolis Social Security disability lawyer Scott Lewis often encourages his disability clients to be patient and to not panic. Although the claimant was denied initially, there may be hope for winning your claim. Even though the Social Security disability appeals process is long and may be complicated, it can be manageable and ultimately your claim may be approved. Once the disability claimant receives their initial denial by the SSA, the claimant should file an appeal within 60 days from the date of the decision letter.  Most of the time, appeals can be filed online at the SSA’s website.  The first appeal the claimant must file is the “Request for Reconsideration.”  This appeal is simply asking the SSA to review your claim again for consideration of SSDI or SSI benefits.  Within a certain amount of time, the SSA will either approve or deny this appeal.  Again, don’t stop there!  As stated before, the majority of these claims are denied so it is important to continue the appeals process.  A second appeal must be filed in order to have your disability case heard in from of a judge.  This second … Continued

Filed under: Claims Process || Tagged under:
0 comments || Author:

November 13, 2010

I am Receiving VA Disability Compensation, Can I Also Receive Social Security Disability?

Many Indiana disabled veterans talk to Indianapolis Social Security Disability Attorney Scott Lewis about receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits when they are receiving disability compensation from the Veterans Administration (VA). At the present, there are many Indiana disabled veterans coming home from active duty with various disabling conditions; one prominent condition is Post Traumatic Stress Disorder (PTSD). There are several factors to take into consideration when talking about these two very separate programs. 1.  If I qualify for Veterans benefits, do I automatically qualify for Social Security benefits? No. These are two different government programs. An Indiana Social Security disability claimant with a VA rating of 70 percent or more may have a better chance that the Social Security Administration (SSA) will take into consideration the Veterans Administration has found you disabled at such a high rating, but there is no guarantee. 2.  Does the Social Security Administration (SSA) work on percentages like the Veterans Administration?  No, with the Social Security Administration it is all or nothing. They either find you 100% disabled or they don’t. 3.  When should I apply? As soon as you are unable to perform substantial gainful activity (SGA). If you are unable to work because of your disabling condition, you should apply for Indiana Social Security disability benefits immediately. One of the problems Indianapolis Social Security disability lawyer Scott Lewis runs into is that his disabled veteran clients wait too long to apply. Many Indiana veterans leave active duty in a disabled condition and start receiving VA compensation not knowing they are eligible for Indiana Social Security disability benefits. The problem here is that the clock starts ticking and these Indiana veterans don’t know they have a limited time to prove they are disabled before their date last … Continued

Filed under: Social Security Disability Benefits Claims Process || Tagged under:
0 comments || Author:

November 12, 2010

Stroke and Your Indiana Social Security Disability Benefits

Indianapolis Social Security disability lawyer Scott Lewis often finds himself talking to Indiana residents wondering if they can receive disability benefits because they have experienced a stroke.  Disability attorney Scott Lewis usually finds the stroke itself is not to be the reason the individual cannot work, but the effects afterward.  Many Social Security disability claimants find themselves unable to remember things and complain of short and long term memory loss after experiencing a stroke.  Another problem may include the inability to function physically as they did prior to having a stroke. One major issue may involve that to be entitled to Indiana Social Security disability benefits an individual must be disabled for twelve months or be expected to be disabled for twelve months, or the disability is expected to result in death. This is called the “durational requirement”.  The Social Security Administration (SSA) could argue that the residual effects of your stroke may go away.  It is difficult to determine if this is true, so good medical evidence may be the key to proving your disability will persist. Through good medical records, including physical and psychological records, an Indiana Social Security disability claimant should try to prove they are unable to return to their past work, and are unable to perform any other jobs that exist in the economy.  This may be accomplished by showing that the Indiana Social Security disability claimant has such a reduced physical or mental capacity that they are unable to perform substantial gainful activity (SGA).  Indianapolis Social Security disability attorney Scott Lewis also attempts to categorize his disability clients into a listing in the Listing of Impairments issued by the Social Security Administration.  

Filed under: Qualifying Disabilities and Impairments || Tagged under:
0 comments || Author:

September 23, 2010

If I Try to Work, Will My Social Security Disability Benefits Stop?

Many hard working Indiana residents struggle to accept the fact they are no longer able to work to support their families due to a disabling condition. Depending on your disability working part time or eventually returning to the work force full time may not be out of the question. There are a few things to consider, such as how much money you can make and what programs the Social Security Administration (SSA) offers to get you back in the workforce. The first thing a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) recipient may want to consider is how much money they can make working without jeopardizing their Social Security disability benefits.  This is called the Substantial Gainful Activity (SGA) Amount.  This is a monthly amount an individual cannot exceed after subtracting impairment related work expenses.  SGA is a higher limit for statutorily blind individuals.  In 2010, the monthly dollar amount is $1,640 for statutorily blind individuals and $1,000 for other disabled individuals. A program of interest for Social Security disability recipients wanting to re-enter the workforce is the Trial Work Period.  In this scenario, a person may try to re-enter the workforce and still have earnings and continue to collect Social Security disability benefits. There are rules covering the Trial Work Period in the link provided above.  Indianapolis Social Security Attorney Scott Lewis receives calls on a weekly basis asking what the provisions are for earning money while collecting Social Security disability benefits and routinely steers these questions for more specific information to the Social Security Administration’s website.

Filed under: Indiana Social Security Disability Client || Tagged under:
0 comments || Author: