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November 26, 2014

What Is The Timeline For My Social Security Disability Claim?

Many claimants wonder what the timeline looks like for a Social Security disability claim from start to finish.  The waiting time for a claim can depend on many factors and can vary greatly from case to case. Step 1: Initial Application In my experience, the average waiting time for a decision on the initial application is about 4 months, but this is only an estimate. This wait time can depend on multiple things.  One factor is how quickly your medical providers respond to the Social Security Administration (SSA)’s requests for medical records.  The SSA will request any relevant medical records from the medical providers you listed on your initial application.  In my experience, the turnaround time for medical records can range from one week to a few months.  Another factor that impacts the waiting time at this stage is how long it takes the SSA to obtain additional information it needs about your disabling conditions.  This additional information can come in the form of consultative exams (one-time assessments by doctors who examine you on the SSA’s behalf) or questionnaires about your work history and your activities of daily living.  Finally, the wait time can be longer or shorter based on the SSA’s current workload. Step 2: Request for Reconsideration In my experience, claimants wait approximately 3 months for a decision on a request for reconsideration, but this is only an estimate. The waiting time at this step has the greatest variation among my clients.  Some clients receive a decision within a few weeks, especially if they have not received any additional medical treatment since they completed their initial application.  Others wait months as their adjudicators work to obtain additional information, especially if the claimants have experienced big changes in their disabling conditions since completing the initial application.  Usually this step simply entails a medical records update and … Continued

Filed under: Appeals Process, Claims Process, Evaluation Process, Hearings Process, Social Security Disability Benefits Claims Process, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
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October 30, 2014

Indiana SSDI Benefits and Your Date Last Insured

The Social Security Administration’s eligibility requirements for Social Security Disability Insurance (SSDI) can be confusing.  If you have applied for SSDI benefits, you may have been told about your Date Last Insured (DLI).  Your DLI is one of the first things Social Security checks when determining whether you are eligible for disability benefits. Most workers either have Social Security taxes deducted from their paychecks or pay them when they file their tax returns on self-employment income.  For each quarter (three-month period) that you earn enough money, Social Security awards you a credit for that quarter.  You must accumulate enough work credits to be eligible for Social Security’s different programs. For Social Security Disability Insurance, not only must you have enough work credits, but you must have enough of them in the last ten years in order to qualify.  Social Security’s formula for calculating the required number of credits is complicated; the number of credits you need varies depending on your age.  However, if you are over the age of thirty you generally need to have worked and earned credits for five of the last ten years.  (If you are younger than age thirty, you generally need to have work credits for about half the time since you turned twenty-one.) Therefore, as time passes after you stop working and earning credits, the fewer of your work credits count toward your eligibility for disability.  Eventually you will reach the point at which you no longer have enough work credits to qualify for disability.  This point is your Date Last Insured.  If it has been several years since you have worked, your DLI may be in the past.  If this is the case, you may still be eligible for SSDI, but you will have to show that you became disabled before your DLI.  If you stopped … Continued

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December 19, 2011

Asperger’s Syndrome And Filing An Indiana Social Security Disability Claim

Believe it or not even individuals suffering from severe Asperger’s Syndrome can find themselves denied their disability benefits from the Social Security Administration (SSA).  Indianapolis Social Security disability attorney Scott D. Lewis has experience with this type of claim, and often finds himself talking to families shaking their heads wondering why they have been denied.  Many valid initial claims are denied by the SSA, but the reality is that many of theses same claims are found favorable further in the appeals process. Asperger’s Syndrome can range widely in its severity.  While one individual may suffer from very mild symptoms another individual may be very severe.  Asperger’s Syndrome may be hard to detect in very young children, but many times symptoms are noticed as children enter kindergarten and start interacting with their peers.  The symptoms of Asperger’s Syndrome may vary from individual to individual but some common symptoms can include but are not limited to: Problems with social interaction.  This usually includes the inability to identify social cues. Unusual facial expressions and may attempt to avoid eye contact. Heightened sensitivity to textures, tastes, sounds, and light. Repeating words in a formal manner, and also may talk excessively about one subject. Some individuals may find a change or routine very disturbing. In Indianapolis disability attorney Scott Lewis’ experience some individuals symptoms suffering from Asperger’s Syndrome may not be easily detected in a brief interaction.  It is usually very apparent after an individual spends some time with the person and then understands these symptoms are continuous.  When attempting to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits for Asperger’s Syndrome good medical records are generally the key to a favorable outcome.  A long standing relationship with a psychiatrist or therapist with a clear diagnosis supported by treatment records may … Continued

Filed under: Qualifying Disabilities and Impairments || Tagged under:
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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.

Filed under: Qualifying Disabilities and Impairments || Tagged under:
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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

Filed under: Qualifying Disabilities and Impairments || Tagged under:
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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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