Indiana Social Security Disability Lawyer Blog

Indiana Social Security disability claimants diagnosed with cancer, often find themselves being denied Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. As most cancer patients know, the typical reaction once diagnosed with cancer is the fear of dying. Many cancer patients undergo extensive treatment for their cancer. This treatment can include chemotherapy or radiation therapy. This treatment often causes side effects causing the patient pain and other unpleasant symptoms . As though this is not enough for a cancer patient to experience, it may not be a disabling condition that is guaranteed to receive disability benefits in the eyes of the Social Security Administration (SSA).

You may wonder what it would take for the Social Security Administration (SSA) to award a cancer patient disability benefits. To qualify for SSDI or SSI benefits, any disability must last or be expected to last for at least twelve consecutive months or the disability must expect to result in death. This includes claimants with cancer. Fortunately, some disability claimants respond to treatment and may not necessarily need the assistance of an experienced Social Security disability attorney.  To obtain Social Security disability benefits from the SSA, it is imperative to understand what the SSA will consider in determining your disability.

The SSA will consider to what extent the cancer is involved, frequency, duration and how responsive the disability claimant is to treatment.  In addition, the SSA will consider where the malignancy began (origin) and what effects post-therapeutic residuals have on the cancer patient. Social Security disability claimants filing an appeal might find it beneficial to consider the SSA's "Listing of Impairments" to determine if the cancer they experience is acknowledged by the SSA.  In the Listing of Impairments, Section 13.00 Malignant Neoplastic Diseases, you will find:

• Lung Cancer
• Leukemia
• Breast Cancer
• Cancer of the Head and Neck
• Sarcoma of the Skin or of the Soft Parts
• Malignant Melanoma
• Cancer of the Lymph Nodes or Thyroid Gland
• Carcinoma or Sarcoma of the Salivary Glands 
• Cancer of the Skeletal System (Exclusive of the Jaw)
• Cancer of the Mandible, Maxilla, Orbit, or Temporal Fossa
• Cancer of the Brain or Spinal Cord  
• Cancer of the Pleura or Mediastinum     
• Cancer of the Abdomen, Esophagus or Stomach  
• Cancer of the Small Intestine    
• Carcinoma or Sarcoma of the Large Intestine
• Cancer of the Liver, Gallbladder or of the Pancreas 
• Carcinoma of the Kidneys, Adrenal Glands, or Ureters
• Carcinoma of the Urinary Bladder, Prostate Gland or Cancer of the Testicles 
• Carcinoma or Sarcoma of the Uterus (Corpus or Cervix)
• Cancer of the Ovaries    
• Carcinoma or Sarcoma of the Uterine (Fallopian) Tubes, Penis or Vulva

Also of note, the SSA may consider other listings not contained in the list above to determine whether your disabling condition falls within another category of impairment.  If the SSA determines that your disability does not meet a listing or medically equal a listing, it is important to determine your residual functional capacity.  Remember, if your residual functional capacity does not allow you to engage in substantial gainful activity, you may be entitled to SSDI or SSI benefits. 

So what does a disability claimant do if they find that their diagnosis of cancer is not enough to receive disability benefits?   Let the the SSA know of any and all other disabing condition you experience.  The SSA will consider all of your impairments combined together to determine disability.  Your combination of impairments may be enough to win your disability claim.

We realize Indiana disability claimants feel as though they are in a maze of obstacles when attempting to get disability benefits for cancer.  You have a right to an attorney when fighting your disability appeal.  Indianapolis disability benefits lawyer, Scott D. Lewis, is happy to provide a free consultation and will attempt to clear up any problems you may experience when pursuing your disability claim.  Call (317) 423-8888 today!

Are you a Social Security disability claimant suffering from arthritis and have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Is your disabling condition preventing you from working but you've received an unfavorable decision from the Social Security Administration (SSA) regarding your disability claim?  Indiana disability claimants with arthritis often ask how they can win their disability claim after they have been denied.

It's important to understand how to get approved for Social Security disability benefits.  In all Social Security disability claims, the SSA will review the claimant's claim by using their 5 step sequential process.  In summary, these five steps include:

1. Is the claimant working?
2. Is the disability severe?
3. Is the claimants disability or condition in the SSA's listing of qualifying impairments?
4. Is the claimant able to do work that they previously performed?
5. Is the claimant able to perform any other type of work?

If you are a claimant with severe arthritis who is unable to work, you may qualify for SSDI or SSI benefits.  Arthritis is one of the leading disabilities for benefits.  Arthritis is included in the SSA's Listing of Impairments, Section 1.00, Musculoskeletal Disorder.  Some categories of this section include Inflammatory Arthritiis and Degenerative Arthritis. 

A claimant with Inflammatory Arthriits (such as Rheumatoid Arthritis) should experience persistent swelling, pain and limitations to the joints to qualify for Social Security disability benefits.  The limitations to the joints may include limitations to:

• hips;
• shoulders;
• knees;
• elbows;
• ankles;
• wrists; or
• hands.

A claimant with Degenerative Arthritis (such as Osteoarthritis) should safisfy the SSA's requirement if they are experiencing limitations with their arms and hands or if they have significant issues with walking or standing.  Individuals with neck or back problems due to their Degenerative Arthritis must have persistent sensory, motor & reflex loss in order to qualify for disability benefits.

It should be kept in mind that even though a claimant doesn't necessarily meet the criteria of the Listing of Impairments, that he/she may still qualify for disability benefits.  Indianapolis Social Security disability lawyer, Scott D. Lewis, can discuss your disability claim with you at (317) 423-8888.  Call Scott for your free consultation.

It is important when trying to obtain your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits to let the Social Security Administration (SSA) know all of your impairments or disabling conditions.

Indianapolis lawyer Scott D. Lewis finds when interviewing his clients they often leave out some of their disabilities when attempting to receive Social Security disability benefits. You should not leave it up to the SSA to inquire what your disabling conditions might be. It may be beneficial to make a list of the severe and non-severe conditions that you experience. It is important to remember the Social Security Administration may also consider non-severe conditions in combination with severe conditions when deciding whether you will receive Social Security disability benefits.

Indiana claimants should always remember the question at hand is whether you can perform your past relevant job(s) or other jobs that exist in the national economy. So, while you may consider the fact you have asthma as a minor problem, it may keep you from performing jobs around dust or fumes. Another example could be an individual suffering from anxiety cannot perform jobs requiring the individual to interact with the general public. While you may consider your back impairment the primary reason you cannot work, it is important that you let your Social Security disability attorney know that you have other medical issues that have an effect on your activities of daily living and your ability to hold down a job.

Other conditions many individuals may not consider can include but are not limited to:

• Carpal Tunnel Syndrome (CTS)
• Depression
• Chronic Obstructive Pulmonary Disease (COPD)
• Diabetes
• Hepatitis
• Arthritis
• Learning Disorders
• Visual Impairments
• Hearing Loss

Remember, just saying you have asthma is probably not enough. Seeing a medical professional on a regular basis and seeking treatment for your condition(s) may also be very important in obtaining Social Security disability benefits. There may come a time when a claimant will need to appeal their disability claim and need the advice of an experienced disability benefits attorney.  If you require the assistance of a Social Security disability lawyer, contact the law office of Scott D. Lewis for a free consultation at (317) 423-8888.

After a long wait for an Administrative Law Judge (ALJ) hearing, Indiana residents may find themselves negotiating with an ALJ as to the onset date of their disability.

What can this mean to you?  It sometimes means that it may be less money paid to you in past due benefits. The past due disability benefit payment, commonly paid in a lump sum for Social Security Disability Insurance (SSDI) claimants may be reduced substantially by agreeing to an amended onset date.

Indianapolis Attorney Scott D. Lewis sometimes finds that an ALJ is willing to find a favorable ruling for his client, but at times a judge may ask the disability claimant to amend the onset date. The reasoning for agreeing to an amended onset date can vary, but many times it is because the judge believes the medical records do not establish the claimant's disability until after the date the claimant alleges the disability began. There can be other reasons for amending the disability onset date that can also include the disability claimant reaching a particular age. It seems that some judges want to amend onset dates much more often than others in disability claims.

Many times when the above scenario happens at a hearing, the judge may be open to an argument from an attorney, representative, or the client as to why an earlier date should be established. Some judges may be swayed if a certain medical record can be cited as to a firm diagnosis or other facts in the record to substantiate an earlier date.

Indiana residents finding themselves with an option of taking an amended onset date and receiving a favorable ruling often concede in order to start receiving their much needed disability benefits. The fact remains that if a claimant does not take the judge's offer, an unfavorable ruling still can be made in the case.

In conclusion, when Indiana residents enter the courtroom, have all of your medical records up to date and be prepared to argue the date you allege you became disabled. Just stating that you could not work on a particular date is unlikely to be enough. Detailed medical records and progress notes will probably be the basis of the ALJ's decision.

Indianapolis Social Security Disability Attorney Scott D. Lewis offers a free consultation regarding your Social Security disability claim.  Contact Scott Lewis at (317) 423-8888 with your Social Security disability questions.

The quality of life Indiana residents experience can be greatly diminished by Degenerative Disc Disease. Due to chronic pain in the lower back, buttocks, thighs, hips, and legs may make it difficult to be gainfully employed. Disability claimants sometimes find themselves having extreme difficulty walking, standing, and even sitting for short periods of time. Other symptoms can include the inability to lift even light objects, experiencing pain when bending and twisting, and numbness and tingling in the extremities.

Does any of the above sound like things you experience on a daily basis?  If so, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Degenerative Disc Disease and other back impairments can be severe enough to limit your activities of daily living in such a way that you are simply unable to function in a way that you can be gainfully employed. So if you find yourself in this situation, you may ask what to do.

If you are financially able, it may be beneficial to see a physician, preferably a physician that specializes in this type of disorder. Get appropriate testing such as an MRI, and remember the Social Security Administration (SSA) considers whether you follow your physician's advice concerning treatment. Some treatments can include:

• physical therapy,
• anti-inflammatory medications,
• spinal injections, and 
• surgery.

Disabling back conditions and Degenerative Disc Disease are no secret to the SSA.  Many disability claimants' experience severe chronic back pain.  If your back impairment does not rise to the above stated levels, but you experience other phyical and mental impairments, the SSA may consider you disabled due to a combination of impairments. 

The above is not intended as medical advice, just a brief summary as to what an experienced Social Security Disability Appeals Attorney has come into contact with. If you have any questions regarding your Social Security disability claim or if you have been denied Social Security disability benefits, call Indianapolis Attorney Scott D. Lewis for a free consultation at (317) 423-8888.