September 15, 2010
You just received a letter stating your Social Security disability claim was denied and you are wondering what to do next? Indianapolis Social Security disability lawyer Scott Lewis receives calls asking this very question every day. Indiana residents receiving a notice of disapproved claim need to know they have certain rights and can appeal a denial of their Social Security disability claim. There can be a few reasons you find yourself denied by the Social Security Administration (SSA). When Attorney Scott Lewis hears that your Social Security claim was denied because the Social Security Administration did not feel that your disability was severe enough to prevent you from working, he realizes you may have grounds to appeal the decision. Why did you get denied? One reason you may have been denied your Social Security disability benefits is because your medical record was incomplete. In your initial application you may have unintentionally omitted important medical sources. Another reason could be the SSA was unable to get important medical documentation that you told them about. There could have been an oversight by the SSA or an oversight by the medical source you provided to them. In any case, by the time you reach an Administrative Law Judge (ALJ) hearing it is very important that your Social Security claim file is up-to-date and complete. While the above may be one reason you are denied, there can be many other reasons for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial. What to do next? A “Request for Reconsideration”, sometimes referred to as an appeal by Social Security disability claimants is usually the next step when receiving an initial denial. Basically, what you are saying to the Social Security Administration is “hey, you made a mistake take another look at my disability claim”. You have 60 days plus some mailing time from the date of … Continued
September 8, 2010
Indianapolis Attorney Scott Lewis often finds himself talking to his clients in depth about the pain they are experiencing. Describing your pain in detail may help a Social Security disability client win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. Other than your medical records and possibly a medical expert, the only other information an Administrative Law Judge (ALJ) at your disability appeal may be able to rely on is your testimony. With that in mind, disability lawyer Scott Lewis believes it is very important to describe the pain you feel as accurately as you possibly can. Different Social Security disability claimants experience and tolerate pain at varying levels. Due to the subjective nature of pain, it may be difficult to explain to the Social Security Administration (SSA) and make them understand how painful your condition is. Many physical conditions can cause pain including back problems, fibromyalgia, diabetes, migraine headaches, COPD, heart problems, and other conditions. A Social Security disability claimant may experience pain from not one physical condition, but a combination of physical conditions. Many times at a Social Security disability hearing, Indiana Attorney Scott Lewis will ask his disability clients questions to help them better explain the pain they experience. For example: Where do you feel the pain? If you experience pain in your back and it radiates down your legs, you should let the SSA know the exact location of your pain. What does the pain feel like? If it is a sharp, dull, or burning sensation, you should describe it in as much detail as possible. Many times, Attorney Scott Lewis may ask his Indiana disability clients to describe the pain they experience on a zero to ten scale. Zero being no pain and ten being pain so severe they must go to the hospital. How often do you feel the pain? Is it hourly, daily, weekly, … Continued
Filed under: Claims Process, Hearings Process || Tagged under: attorney, describe, disability, Indiana, indianapolis, lawyer, pain, social security, ssa
0 comments || Author: Scott Lewis
September 2, 2010
Social Security disability claimants entering an Indiana hearings office for their disability appeal may wonder what to expect. For many Indiana residents, the idea of appearing in front of an Administrative Law Judge (ALJ) may be intimidating. Attorney Scott D. Lewis tries to explain to his Social Security disability clients what to expect at the hearing and attempts to explain to the client what the strong and weak points of their disability claim are. As far as what to expect at your hearing for your appeal, here are a few items clients wonder about: What should I do when I arrive at the hearing office? The Social Security hearings office usually request the clients to arrive at theoffice 30 minutes before their scheduled disability hearing. The Social Security Administration request the claimant to bring a picture I.D. and many Social Security hearing offices will have security that may require you to go through a metal detector. After passing through security, the disability claimant should check in with personnel at the Social Security hearings office to let them know you have arrived and then the disability claimant can take a seat. What does the hearing room look like? In the Indianapolis Social Security hearings office, disability clients are usually surprised to find a rather informal hearing room. The rooms are small with desks and chairs for the disability client, the representative, experts, and a court reporter to sit at. The ALJ is usually at another desk that is more elevated. The hearing rooms are not “grand” court rooms you may have seen on television, but a more informal environment. How long will my Social Security hearing last? The length of the hearing varies for from judge to judge, but in Social Security Disability Attorney Scott Lewis’ experience, most disability appeal hearings are scheduled for 45 minutes. Some Administrative Law Judges conduct appeal hearings that … Continued
August 31, 2010
Many Indiana residents wonder if they can receive Social Security Disability benefits for Non-Hodgkin’s Lymphoma. Non-Hodgkin’s Lymphoma is listed on the Social Security Administration’s website under the Listing of Impairments. Section 13.05 outlines the necessary conditions that need to be met to possibly receive Social Security Disability benefits. Section 13.05 states that a person can have either aggressive (fast-moving) or indolent (slow-moving) Non-Hodgkin’s Lymphoma and may be eligible to receive Social Security Disability benefits. Non-Hodgkin’s Lymphoma is a type of blood cancer that starts in a person’s lymphatic system. Your lymphatic system is the disease fighting part of your body; this may cause tumors to develop from your white blood cells. Symptoms may include: Swollen Lymph Nodes Abdominal/Chest Pains Fatigue Fever Night Sweats Weight Loss There is no clear cause of Non-Hodgkin’s Lymphoma but there are some risk factors. These may include: old age, certain infections, chemicals, and medications that suppress the immune system. Non-Hodgkin’s Lymphoma is far more prevalent than Hodgkin’s disease. Non-Hodgkin’s Lymphoma is the sixth most common type of cancer in men and fifth most common in women in the United States. There are many different kinds of Non-Hodgkin’s Lymphoma. They can all be divided into two categories: fast-moving and slow-moving. Non-Hodgkin’s Lymphoma is formed by B-cells or T-cells. Indiana residents who suffer from Non-Hodgkin’s Lymphoma may not be able to carry out simple tasks for a job. Chest and/or abdominal pain and fatigue may prevent a person from keeping a steady job. If you are an Indiana resident attempting to get Social Security Disability because you are unable to preform work-like activities, you may want to contact a Social Security Disability Lawyer or representative to discuss your options.
Filed under: Qualifying Disabilities and Impairments || Tagged under: disability, Indiana, indianapolis, lymphoma, non-hodgkin's, non-hodgkins lymphoma, social security, ssa
0 comments || Author: Scott Lewis
August 31, 2010
You are finally getting prepared for your Social Security disability hearing in front of an Indiana Administrative Law Judge (ALJ). After a long wait to get a hearing, you may be wondering what is going to happen at your disability hearing. Disability attorney Scott Lewis attempts to let his Social Security disability clients know what to expect in the hearing room. Although, in his experience most of the Judges have their own agenda and conduct the hearing a little differently, their is generally a common framework they all seem to follow. Whether you are trying to receive Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits the questions usually revolve around three main areas. These areas include the following: Personal information The Judge often asks very general personal questions. These questions may include information about your age, your education, where you live, who you live with, do you have children, are you right or left handed, how tall you are and how much you weigh, among several other questions. What past work have you performed? In this area the Judge may ask questions such as: did your previous jobs have a title, how long did you work at the job, how did you perform your previous jobs, how much did you lift, carry, stand, walk, and/or sit during those jobs. What is your medical condition(s) that prevents you from working? The Judge will generally ask you to explain your disabling condition(s). What medical providers you are seeing, what limitations you experience from your disabling condition(s), and what medications you are taking. The general theme here is usually about how your disabling condition keep you from working. Attorney Scott Lewis likes to meet with his Social Security disability clients before the Social Security hearing to let them know what they can expect. It is important to … Continued
Filed under: Hearings Process || Tagged under: attorney, disability, hearing, Indiana, indianapolis, lawyer, questions, social security, ssa
0 comments || Author: Scott Lewis
August 30, 2010
Indiana Social Security disability claimants diagnosed with Multiple sclerosis may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Multiple sclerosis (MS) is a neurological condition that affects around 300,000 people in the United States. Multiple Sclerosis is a disease in which the fatty myelin sheaths on the axons of the brain and spinal cord are damaged. MS most commonly occurs in young adults and is typically more common in females than males. Multiple sclerosis has many forms and can have new symptoms with every attack. Symptoms may include: Weak or numb limbs Loss of vision (usually one eye at a time) Pain during eye movement Shock sensations with head movement Loss of coordination Problems with speech Fatigue Symptoms caused by MS usually happen in attacks or relapses where neurological function is significantly less in an acute period of time. Although studies continue to be performed to identify the causes of Multiple Sclerosis, It is thought there are three main causes that are most likely why an individual has Multiple Sclerosis. The first cause is genetics. It appears there is a greater chance that someone will have multiple sclerosis if it is in the family. The recurrence rate is about 20% in parents to children. The second cause is environmental factors. MS is more common in people who live farther from the equator along with a decreased sunlight exposure. The third cause is infections. Many microbes have been suggested as triggers to MS but none have been proven. Multiple Sclerosis is in Section 11.09 under the Neurological conditions on the Social Security’s “Listing of Impairments.” There are three conditions a claimant must meet to qualify for Social Security disability benefits under this listing. Refer to section 11.09 on the Listing of Impairments on the Social Security Administration’s website … Continued
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, Indiana, indianapolis, lawyer, ms, multiple, multiple sclerosis, sclerosis, ssa
0 comments || Author: Scott Lewis
August 30, 2010
Indiana disability claimants suffering from Reflex Sympathetic Dystrophy (RSD)often experience severe pain that prevents them from holding down a full time job. Often caused by trauma, the pain individuals experience can be chronic and severe in nature and may go to other areas of the body. This condition may also be referred to as Complex Regional Pain Syndrome. If you or someone you know is struggling with Reflex Sympathetic Dystrophy or Complex Regional Pain Syndrome they might be eligible to receive Social Security disability. While currently the Social Security Administration (SSA) does not have a listing in the Listing of Impairments for RSD or Complex Regional Pain Syndrome, this does not mean you cannot win your Social Security disability claim. Many Indiana residents may find due to this disability they cannot sit, stand, walk, or lift objects necessary to maintain employment. Some Indiana residents may find they cannot be at work the required number of days to stay employed because of their disability. Other Social Security disability claimants may find the chronic pain they experience makes them unable to stay on task in their job. Many times, disabled people simply cannot do the required work an employer expects them to do. In these cases, the SSA may agree that you cannot do your old job or any other jobs in the economy. Because of the nature of Reflex Sympathetic Dystrophy and Complex Regional Pain Syndrome it is usually very important for Indiana residents to seek appropriate medical treatment and maintain a good medical record to prove this disabling condition. If your treating physician can describe your functional limitations in his/her progress notes it may enhance your chances of winning your Social Security disability claim.
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, dystrophy, Indiana, indianapolis, lawyer, reflex, rsd, social security, ssa, sympathetic
0 comments || Author: Scott Lewis
August 25, 2010
Indiana residents often find themselves with their disability claim denied when they suffer from a learning disability. If you have a learning disability or a combination of disabilities that prevent you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. If you have been turned down for Social Security disability benefits and believe you are entitled to these benefits, do not give up. Many disability claims are turned down in the early stages of a disability claim. Claims involving learning disabilities may be won with appropriate medical and intellectual functioning documentation. Some documentation that may help win a Social Security claim can include school records indicating failing grades, teacher’s notes and progress reports that show inferior work, poor standardized testing scores from academic institutions, and low IQ scores. Other factors that may be taken into account could include the inability to read, write, and understand & follow simple instructions. While many learning disability claims involve children attempting to receive Supplemental Security Income (SSI) benefits, adults may also be disabled from a learning disability or combination of disabilities. Indiana claimants may find some of these claims difficult to win without appropriate medical or academic documentation. Indiana claimant’s testimony at an Administrative Law Judge (ALJ)hearing may help sway the chance of winning in their favor if they can convince the judge their learning disability is severe enough to prevent them from obtaining full time employment. Many individuals with learning disabilities may need a job coach to function in the work place and many times with this finding they may win their Social Security disability claim.
August 19, 2010
Indianapolis Social Security Disability Attorney Scott D. Lewis represents Indiana Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits claimants with their pending claims. Initial disability claims may be filed at a local Social Security Administration (SSA) office, by calling the SSA’s toll free phone number, or visiting the SSA’s website. Although it may be discouraging to claimants to hear that some sources report 70% of all claims are denied at the initial application, Scott Lewis encourages his clients to continue to fight for their disability benefits by appealing the SSA’s decision to deny their claim. Statistically, continuing the appeals process may be beneficial to 70-80% of all claims that were initially denied. What’s the downfall to appealing your claim? Disability Lawyer Scott Lewis would say that it is the time period the Indiana SSDI and SSI claimants have to wait in order to get a hearing in front of an Administrative Law Judge (ALJ). Attorney Lewis advises all of his claimants to “not give up” and continue with the disability appeals process. Because of the “backlog” of disability cases in the state of Indiana, Indianapolis Social Security disability claimants may find themselves waiting two years before they are in front of an ALJ for their disability hearing. What does a client do when they are waiting for a hearing in front of an ALJ? Continue to be patient, keep your Social Security Lawyer informed, continue to visit with your doctors, and do not become discouraged. As frustrating as it may be, when Attorney Scott Lewis wins his clients claims, often his clients will get a lump sum payment from the SSA for the time that they have waited to get a disability hearing. Even though the wait may be long, many Indiana Social Security disability claimants find that they have no choice … Continued
August 16, 2010
Nearly six (6) million of Americans suffer from heart failure every year. Many of these individuals are Indiana residents that may qualify for Social Security disability benefits. The Social Security Administration (SSA) has a set of qualifying disability listings covering the various types of heart impairments referred to in the listing of impairments section 4.1 through 4.12. This listing of impairments discusses a set criteria of requirements that the claimant must meet to be granted monthly Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) Benefits. Although there are other ways to receive Social Security disability benefits, some of the impairments listed under this listing are: chronic heart failure, ischemic heart disease, recurrent arrhythmias, symptomatic congenital heart disease, heart transplant, aneurysm of aorta or major branches, and chronic venous insufficiency. For more information on these impairments and their requirements by SSA, please visit www.ssa.gov. Due to the complexity of the medical terminology and rules in a disability claim for cardiovascular disease, you may want to consider the help of a Social Security Disability Attorney to assist you with your disability claim. Indianapolis Social Security Disability Attorney Scott D. Lewis and his staff may help assist you in submitting all the relevant medical evidence to support your disability claim, as well as attempt to retrieve the opinion evidence from your doctors. Medical evidence may be very beneficial in supporting your SSDI or SSI claim. It is imperative that you prove to the SSA how your heart disease impacts your ability to work. Some of the necessary evidence for your claim can include: reports of the history of your illness from your doctor, physical examinations, laboratory studies, and your prescribed treatment. Scott D. Lewis is an Indiana Attorney that has experience in Social Security disability claims. In his years of experience, Scott D. Lewis has helped many Indiana disability claimants with their disability appeals.