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August 23, 2011

Neuropathy and Social Security Disability Benefits

Indiana Social Security disability claimants suffering from neuropathy may find themselves denied disability benefits in the early stages of the disability claims process. Indianapolis Social Security disability attorney Scott Lewis has represented numerous of his Indiana neighbors who are unable to work due to neuropathy. Peripheral neuropathy stems from changes to the peripheral nervous system.  Damage to the peripheral nervous system can result in interruption of  important communications needed in the body. In Indiana disability lawyer Scott Lewis’ experience, the majority of his disability clients complain of numbness and/or tingling in their feet and/or hands.  Many individuals also report the inability to feel hot and cold sensations.  These are some more common symptoms and in severe cases the symptoms may become even more extreme. There are numerous causes of neuropathy.  Some identifiable causes of neuropathy can include diabetes, auto immune diseases, and alcoholism, to name a few.  If you are experiencing neuropathy type symptoms you should consult a qualified physician to ensure you receive proper medical treatment.  It is reported even physicians may have a difficult time pinpointing the origin of neuropathy symptoms. If you find yourself unable to work due to peripheral neuropathy because you are unable to sit, stand, or walk for lengths of time you may be eligible for Social Security disability benefits.  You can contact Indianapolis disability attorney Scott Lewis and his staff for a free consultation.

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August 1, 2011

Indianapolis Social Security Disability Benefits Due to Amputation

Indiana disability claimants with an amputation filing for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits may be surprised to learn that winning your disability claim based on amputation may not always be easy.  Amputation is defined as the complete severance of an individual’s extremety such as a hand, foot, arm or leg.  Amputation can be due to a medical removal, an injury, or some other form of trauma. Symptoms associated with having an amputated limb vary depending on which body part(s) has been amputated. Amputations of the feet or legs typically affect a person’s ability to walk, bend, climb stairs, and ability to move around. Amputations involving hands and arms typically affect a person’s ability to push, pull, or perform fine motor functions. Although activities for an amputee may be impossible or very difficult, many individuals experience pain around the area of the amputated limb.  Some common medical reasons for amputation may include: Diabetes Gangrene Severe Frostbite Hardened or Embolism of the arteries Raynaud’s disease Buerger’s disease How does an amputee qualify for SSDI or SSI benefits?  As stated above, just being an amputee does not automatically qualify an individual for disability benefits.  As all qualifying disabilities or conditions, in order to qualify for disability benefits for an amputated limb or extremity, an Indiana disability claimant must show that the amputation causes the person to be unable to perform functions that are important in the work place such as lifting, bending, walking, grasping, pushing, and pulling. The difficulty in showing this varies depending on which limbs have been amputated and the type of work (heavy, moderate, light, sedentary) that you have done before or could be expected to perform based on your age, education level and experience. Specifically, the Social Security Administration (SSA) defines the criteria for an individual to qualify for disability benefits because of an amputation in their “Listing of Impairments.”  … Continued

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April 28, 2011

Your Indiana Social Security Disability Appeal and Radiculopathy

Indianapolis disability attorney Scott D. Lewis represents disability claimants with many disabling conditions including those suffering from radiculopathy. Potential disability clients often call his office who suffer from radiculopathy, but are unsure whether this condition qualifies them for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. When your disabling condition begins to prevent you from performing substantial gainful activity (SGA), and you find yourself unable to provide for yourself and/or your family the way you used to, it may be time to inquire about Social Security disability benefits. Radiculopathy is a condition that is recognized by the Social Security Administration (SSA) as a disabling condition under the SSA’s Listing of Impairment’s Spinal Disorders.  If you are considering applying for Social Security disability benefits, the first step is to look through the SSA’s “Listing of Impairments” to see if you have a qualifying disability. The SSA publishes these listings as a resource for those looking to receive Social Security disability benefits.  These listing are used by the SSA to decide whether or not a claimant’s disability meets the Social Security Administration’s standards for disability and whether the disability claimant should be awarded or denied disability benefits. Radiculopathy is defined under listing 1.04 Disorders of the Spine, Section A. Carefully evaluate this listing and discuss with your physician about whether or not he/she feels as though you meet or equal the criteria to be found disabled. Indiana Social Security disability attorney Scott D. Lewis often sends his client’s physicians a list of questions in hopes that they will complete these questionnaires in such a way as to show the client does indeed meet the listing, making it easier for Social Security to find the claimant disabled. If it is determined that the disability claimant does not meet or equal the listing (1.04 Disorders of the Spine, Section A) which defines radiculopathy and its … Continued

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April 25, 2011

Will The Judge Tell Me If I Won Or Lost At The End Of My Indiana Social Security Disability Hearing?

So you have waited quite a long time for your upcoming Social Security disability hearing and think you will finally get an answer to your appeal.  Well the truth is, you probably have another waiting period to endure before you receive a decision in the mail.  Indianapolis Social Security attorney Scott D. Lewis often gets asked by his clients when will they find out if they have won or lost their Indiana Social Security disability appeal.  There are a few different scenarios that can take place at the conclusion of your Social Security disability hearing. If you are one of the lucky few, the Administrative Law Judge (ALJ) may make a bench decision.  After a  judge hears testimony, if he/she believes the claimant is disabled, he/she can make a fully favorable bench decision.  In Indianapolis disability attorney Scott Lewis’ experience a bench decision can speed up the time it takes in processing a disability claim.  The Administrative Law Judge usually reads into the record his/her reasons for granting the disability claim.  Some judges make bench decisions on a routine basis when granting claims, while other judges rarely, if ever, use bench decisions.  So what happens if you are not a lucky recipient of a bench decision?  You shouldn’t think you have lost your disability claim because there are other ways judges decide disability claims. Many judges do not make the decision on your disability claim the day you are in court.  Although almost all Social Security disability hearings have a similar theme, many judges decide claims using a different process.  Some Administrative Law Judges will have already looked over your file before the hearing.  These judges then get testimony from the claimant and then make a decision.  Other judges may not have looked at your record at all before the … 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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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 14, 2011

Why Was I Denied Social Security Disability Benefits?

It is not uncommon for an Indiana disability claimant to have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits since majority of disability claims  are denied at the initial application level.  Many SDDI and SSI claimants face the same question after they have been denied benefits by the Social Security Administration (SSA).  Attorney Scott D. Lewis gets calls from disability claimants on a daily basis asking him why they have been denied disability benefits and what should they do next. Mr. Lewis always directs the claimant to the denial letter that they have received by the SSA.  This letter specifically states the reason for denial.  So, take the time to read the decision the SSA sent to you to figure out exactly why you were denied in the first place.  Once you know why you were denied, you can begin to collect the necessary documentation to appeal this decision.  Some reasons for denial may include: In 2010, you make more than $1,000 per month.  If you exceed this amount, you will immediately be denied disability benefits. Based on the information you provided the SSA when filing your claim, they have determined that your disability will not last or be expected to last a minimum of 12 months. You failed to comply with the SSA’s request for information or medical records.  Not complying with this request may ultimately cause you to be denied benefits. The SSA has attempted to locate you and was unable to reach you. At the law office of Scott D. Lewis, Attorney at Law, LLC, Mr. Lewis assists disability claimants with appealing their denied claim.  Either him or his staff will often ask his clients to retrieve the denial letter so he can discuss the reasons for denial prior to appealing the claim.  It is important … 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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February 26, 2011

The Third Party Function Report and Your Indiana Social Security Disability Benefits

Scott D. Lewis often hears from his Indiana Social Security disability clients and their families that they are confused by the paperwork they receive from the Social Security Administration (SSA).  The forms are usually requesting information in applying for and appealing their Indiana Social Security disability claim.  One of these forms is called the “Function Report – Adult – Third Party”.  It is also known as form SSA – 3380 – BK.  Now with that mouthful out, are you afraid to pick up your pen and start the application and appeals process?  Well, Indianapolis disability lawyer Scott Lewis advises his clients and their families to not be intimidated in completing forms required by the Social Security Administration.  Most of these forms Mr. Lewis’ office can assist in completing or guide you, family, or friends through in completing the forms if you wish to complete them for yourself. The Third Party Function Report has various parts and these include: General Information that includes names, relationship to the disabled person, contact information, and other data. Information about daily activities including how a typical day is, whether the disabled person can care for themselves on a personal level, preparation of meals, house & yard work, mobility, shopping, money management, hobbies, and social activities. Information about their physical and mental abilities of the disabled person. Finally, a remarks section. Indiana disability attorney Scott D. Lewis tells these third parties that complete this form to be as thorough as possible.  It is important to be truthful and remember their is a reason this form is being asked to be completed.  It is to determine if the Indiana disability claimant has a disabling condition that is severe enough to prevent them from securing and maintaining substantial gainful activity.  In other words, if the Social Security Administration believes you are able to … Continued

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February 7, 2011

Social Security Disability Benefits for Claimants with Depression

Indianapolis Social Security disability lawyer Scott Lewis is an experienced attorney representing Social Security disability claimants.  Many of his Indiana Social Security disability clients suffer mental disorders such as depression.  Often, disability claimants with depression do not have sufficient medical documentation to back up their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Some disability claimants lack health insurance causing insufficient medical documentation.  Mr. Lewis advises his clients to investigate in the low income health programs or programs offered to uninsured individuals located in the Indianapolis area such as Wishard’s Health Advantage program.  Some other reasons disability claimants with depression may lack medical documentation supporting their claim is because a claimant may not be seeing doctors because they are ashamed of their disabling condition so they don’t seek the medical attention that they need from a mental health professional.  Having a lack of medical history to support your disability claim may ultimately cause you to lose your case. The Social Security Administration (SSA) approves SSDI or SSI claims based on medical evidence, so if you are suffering from depression, it is important to seek out the opinion of a qualified mental health professional such as a psychiatrist or psychologist who will provide documentation to back up your claim.  It may be helpful that these professionals need to identify that: you are indeed suffering from clinical depression; and your depression significantly interferes with your ability to work. If your mental health physician has prescribed you medication to help you with your depressive state, the SSA may frown upon your lack of compliance if you do continue to take your medications.  Medications such as anti-depressants may not enough to prove your case.  A psychiatrist can be most effective in helping you to demonstrate the following to the SSA: The individual is depressed and suffering from a history of mental health issues related to his/her … Continued

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