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June 20, 2017

Why should you have a brief for your Social Security disability hearing?

At the Law Office of Scott D. Lewis, we submit representative briefs to the Administrative Law Judge (ALJ) prior to our clients’ disability hearing.  In my experience as an Indiana Social Security disability attorney, I find this to be helpful for a variety of reasons.   A well-structured brief can give the ALJ a concise framework for highlighting the important and relevant aspects in regards to a claim for disability. To begin, the brief can outline the procedural aspects or issues with a claim, and show the ALJ what steps or actions have been taken in anticipation of the hearing.  A good brief will show the theory for disability of the case, such as whether the claim meets any Listing of Impairments or whether any of Social Security’s vocational guidelines.  It should cite to a claimant’s medical records to demonstrate the severity of symptoms, point out any objective medical testing, and highlight any medical source statements from treating sources.  A brief should also show how a claimant’s residual functional capacity is so diminished that no full-time jobs could be performed.   In my practice as a Social Security Disability attorney, I find that a brief serves two strong purposes.  First, it allows the ALJ to know what arguments I am asserting for my clients and provides the evidence to support it.  Medical records can contain hundreds of pages of documents, so giving the ALJ the locations of important documents all in one location can prevent some key piece of evidence from being overlooked. Second, I find that it helps me prepare for the hearing. After assembling the brief, I have a stronger understanding of the client, the medical record, and the strategy I plan to use to win the case. Does every ALJ read every brief submitted? Probably not, however … Continued

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June 12, 2017

Is Your Back Pain Preventing You From Working?

I have represented thousands of my Indiana neighbors in their Social Security disability claims, and I can easily say back pain is the most common disabling condition I see.  This pain can be so severe an individual cannot stand, walk, or even sit for any extended period of time.  These types of postural limitations can create an inability to hold down any type of job.  Many of my clients need to change positions constantly, lie down, and take very strong medication just to make the pain bearable. When reviewing your case, there are specific things the Social Security Administration (SSA) will examine.  For example, do you have objective testing showing the severity of your condition?  Just complaining about back pain is usually not going to get you benefits.  Objective testing like X-rays and MRI’s indicating the severity of your condition can be key in a finding of disability. Are you complying with or seeking appropriate treatment?  In my experience, the SSA and most judges want to see that you are trying to make your back better.  This is often done through medication, physical therapy, electrical stimulation, injections, and surgeries.   Exhausting some, or all, of these avenues and still experiencing severe pain can show the SSA you are complying with treatment and that the pain still persists. The SSA has various rules it uses when evaluating back problems.  It can find you disabled by using its Listing of Impairments or by deciding whether or not you have such severe functional limitations you are unable to work an eight-hour day, five days a week.  It is also important to remember the SSA will examine all of your impairments in combination when deciding if you are disabled.  Many of my clients have more than one severe impairment that is creating their inability to … Continued

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November 18, 2016

Do You Know Why You Are Disabled?

That seems like a strange question doesn’t it? My clients tell me they are disabled, but many have a hard time saying it in a way the Social Security Administration (SSA) understands. Many people have Social Security disability questions.  There can be many reasons why it is hard to explain your inability to work.  You may have a rare condition the SSA is not very familiar with; you may have a combination of impairments that, all added together, make you unable to work; you may have to argue you meet special rules the SSA recognizes; or you may just simply be unable to work a full time job.  Trust me, claiming you are disabled to the SSA can be confusing and difficult, or it can be as easy as they want to make it for you.  That’s why knowing what to tell them can possibly create a make or break situation.   In my experience, you need to be careful how you phrase things to the Social Security Administration. First of all, being disabled is not a joke.  Going to physical and mental examinations the SSA sends you to and taking it lightly may result in that particular examiner noting your attitude to the SSA.  All the way through the process, you need to express accurately to the SSA what you are experiencing.   Fill out the forms the SSA gives you truthfully and in their entirety. Some claims can be processed favorably without much human interaction by giving the SSA ALL of the information they request.  Be proactive in your claim, especially at the initial level, to ensure the SSA gets all pertinent information.  Unfortunately, after initial denials, while waiting for a hearing, your claim may not be looked at again until you find yourself in front of an Administrative Law … Continued

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August 3, 2016

What is a Contingent Fee Agreement?

If you have applied for Social Security disability benefits and have been denied, you may have been advised to hire an attorney to help you appeal your case.  However, you might be worried that you can’t afford an attorney – after all, aren’t lawyers famous for charging high hourly rates for every second they spend on each case?  Fortunately, if you hire an attorney or representative to help you with your disability appeal, your case will be handled with a “contingent fee agreement.” The Social Security Administration (SSA) has rules about how attorneys can charge clients for disability appeals.  Basically, if an attorney wants Social Security to approve his or her fee agreement, it must meet the following criteria: 1. You (the client) only have to pay the attorney if your claim is granted (if you “win” your appeal). 2. If you win, the attorney receives 25% of any back pay you receive. (“Back pay” is the money you receive from Social Security to cover the benefits you should have received while you were waiting for your claim to be processed and/or your appeal to go through.) 3. If your claim is granted at the initial application, request for reconsideration, or hearing level, the attorney can receive no more than $6,000, no matter how much back pay you receive. 4. If you lose at the hearing level and have to appeal your case to the Appeals Council or file a claim in federal court, most attorneys have a slightly different fee structure. Typically in those cases, the attorney receives 25% of your back pay without the $6,000 cap.  However, the attorney will likely have to submit a statement (called a “fee petition”) showing how much time he or she spent on your case in order for the fee to be approved. In … Continued

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May 27, 2016

Anatomy of a Social Security Hearing Decision Part II: Approval of the fee agreement

If you were represented at your disability hearing by an attorney or qualified representative, your favorable Social Security hearing decision will contain an “Order of Administrative Law Judge” either approving or disapproving your fee agreement.  That order also explains that you have fifteen days to respond to the judge if you do not agree with his or her order.  Some of my clients, after reading this order, call me because they are worried that they need to respond in order for their case to move forward.  Fortunately for them, though, this language is just another part of Social Security’s form letter.  I explain to them that if they are still willing to hold to their end of the fee agreement, they don’t have to do anything. Social Security has rules about how much an attorney can charge you for his or her services related to your Social Security disability case.  When you hired your attorney, you most likely signed a fee agreement that said you only had to pay your attorney if you were awarded benefits and received back pay.  Under Social Security’s rules, your attorney can typically charge 25% of your back pay, but no more than $6,000.  If you have an attorney who regularly practices Social Security disability law, the attorney probably has an agreement with Social Security that allows him to receive his fees directly from Social Security.  That way, neither you nor your attorney has to worry about calculating the amount of the fee and ensuring timely payment. However, that direct payment of fees can only occur if Social Security finds that your fee agreement complies with Social Security’s rules.  Therefore, when an Administrative Law Judge finds a claimant disabled, he or she must then review the fee agreement to make sure it is in compliance.  … Continued

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January 7, 2011

The Social Security Administration and An Unsuccessful Work Attempt

You want to work and you know even with Social Security disability benefits you are going to struggle to make ends meet.  Even with all of the extreme pain you are experiencing, you finally find a job and drag yourself to it just to find out there is no way you can work.  You realize you cannot make it through a full day of work, and even if you do, you find yourself out of work for two days because of the pain you are in from forcing yourself to work.  Indianapolis disability lawyer Scott Lewis has heard the above scenario on numerous occasions.  If this has happened to you or a loved one this might be considered by the Social Security Administration as an “unsuccessful work attempt” or UWA. What is an Unsuccessful Work Attempt (UWA)?  This is where a person attempts to do substantial work, but stops or reduces the work to below Substantial Gainful Activity (SGA) levels after six months or less because of a disabling condition or because of removal of special conditions related to the disabling condition. Other issues concerning an Unsuccessful Work Attempt that may have an impact can include whether you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), trial work periods, and extended periods of eligibility.  More information concerning these topics and other useful topics can be found in the Social Security Administration’s publication “The Red Book”. The good news is you do not have to tackle unanswered questions alone. Indianapolis Social Security attorney Scott D. Lewis strives to answer many questions concerning eligibility for Indiana Social Security disability benefits.  Indiana disability lawyer Scott D. Lewis talks to potential clients about claims involving bipolar disorder, scoliosis, stroke, epilepsy, depression, and many other severe impairments.

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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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