Indiana Social Security Disability Lawyer Blog

Indianapolis Social Security Disability Attorney Scott D. Lewis has many clients that win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim by means of a Medical Vocational Allowance. You may wonder what this means when it comes to Social Security disability claims. As Attorney Scott Lewis explains to his clients, it is a way of winning a disability claimant's claim not based on one of the Social Security Administration's (SSA's) qualifying "Listing of Impairments."

So, how can a disability claimant possibly win a disability claim if they don't meet or exceed one of the medical listing of impairments defined by the SSA?  A Medical Vocational Allowance (also known as Med-Voc) is a term used by the Social Security Administration (SSA) to define when someone is awarded Social Security disability benefits when the disability claim does not match one of the disabilities listed in the "Listing of Impairments."  How does this work?  When the SSA is reviewing a disability claimant's application, the examiner will request all medical records from sources the claimant has listed on their application.  Once the medical records are received, the SSA will evaluate the claimant's condition and compare the impairment with the listings of the SSA's "Listing of Impairments" (Blue Book).  The "Listing of Impairments" is a list of all qualifying conditions and impairments with their symptoms that a claimant must meet in order to be eligible for SSDI or SSI benefits.  If a claimant does not meet or exceed a particular listing, the claimant is often denied disability benefits.  However, this is how the Med-Voc comes into play.  When a disability claimant does not meet a listing, but the SSA examiner decides based on the claimant's medical evidence that the claimant's disability is severe enough, that the claimant is unable to work, and the claimant is not able to engage in Substantial Gainful Activity (SGA), the claimant may be approved for disability benefits.  If this is the case, the claimant is given a Medical Vocational Allowance and is approved for disability benefits. 

Some common examples of impairments or conditions that may not meet a listing but might be able to get approved by a Medical Vocational Allowance are back problems, diabetes, obesity, or fibromyalgia.  Attorney Scott D. Lewis has experience in representing disability claimants that have been denied SSDI or SSI benefits.  If you are a disability claimant that has been denied disability benefits, call Indianapolis Social Security Disability Attorney Scott Lewis for a free consultation regarding your appeal at (317) 423-8888.

How is an Indiana Social Security disability claimant supposed to prove they are unable to work due to degenerative disc disease? Degenerative disc disease is a very common disability among Indianapolis Scott D. Lewis' clients. In Attorney Scott Lewis' experience, degenerative disc disease can be difficult claim to win without the appropriate medical evidence and especially for anyone under the age of 50. On the other hand, a disability claimant under the age of 50 with appropriate medical records may find themself winning a disability claim by meeting a listing in the Social Security Adminsitration's Listing of Impairment or having such reduced physical capacity that they are unable to work.  Disability claimants may wonder why it is so difficult to win their claim when they are experiencing so much pain. Unfortunately, the only person that knows the amount of pain the claimant is experiencing is the claimant.

The Social Security Administration (SSA) does list degenerative disc disease along with other qualifying disabilities such as osteoarthritis, spinal stenosis, herniated nucleus pulposus, and spinal arachnoiditis under their "Listing of Impairments," Section 1.04, Disorders of the Spine.  To meet this listing, it is important for the disability claimant to prove their disability is severe enough to cause them to be unable to work by providing medical evidence supporting their claim.  When the SSA receives a disability claim based on degenerative disc disease or other disabilities such as back pain, lumbar problems, herniated disc, spinal stenosis or degenerative joint disease, the SSA should immediately look for supporting medical evidence.  Some supporting medical evidence may include:

• diagnosis of the disease by a treating physician
• x-ray reports, MRI studies, or CAT scans indicating disc deterioration

Because degenerative disc disease may be diagnosed based on the claimant's symptoms, it is extremely important to have imaging studies such as MRI studies and CAT scans to support the claimant's disability benefits claim.  These studies may prove to what extent the condition exists.  As a lawyer, Scott Lewis always advises his disability clients to continue to see their doctors.  The treating physician's examining notes may be very helpful when attempting to win Social Security disability benefits.  Treating physicians or an orthopedist may likely include notes regarding the claimant's decreased range of motion, reduced muscular strength, poor gait, and positive straight leg raises.

If you are disabled because of a herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, or vertebral fracture, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Attorney Scott D. Lewis offers a free consultation regarding your SSDI or SSI claim at (317) 423-8888.  Call today!

Are you an Indiana resident that is unable to work because you have been diagnosed with scoliosis?  Social Security disability claimants that have been diagnosed with spinal impairments such as scoliosis may be able to win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim even though the Social Security Administration's Listing of Impairments do not include scoliosis. 

Scoliosis is a spinal deformity that is characterized by both lateral and rotational curvature of the spine.  Whether you are diagnosed with idiopathic scoliosis or congenital scoliosis, both types have similar symptoms.  Such symptoms may include:

• uneven muscle development on one side of the spine,
• rib hump,
• uneven shoulder blades,
• uneven shoulders and hips, or
• asymmetrical breast development in females.

Treatment for scoliosis varies depending on the age of the individual.  Typically, younger individuals are often treated with braces to prevent the progression of scoliosis.  However, braces are not used on adults. Some believe that surgery remains the most successful treatment method for individuals with large curvatures of the spine. Spinal fusions with instrumentation may be the most successful surgical procedure although these procedures will not completely straighten the spine, but do provide good correction.

So, how do I win my disability claim if the SSA doesn't have medical criteria for abnormal curvature of the spine such as scoliosis?  Since the SSA does not have a listing in their "Listing of Impairments" specifying the medical criteria for disability based on curvature of the spine, a claimant must prove their disability in other ways.  The disability claimant will need to be awarded disability based on a type of approval known as a medical vocational allowance. 

What is medical vocational allowance and how does it work?  When an SSDI or SSI disability claimant's case is evaluated, a determination will be made as to whether or not the disability claimant is capable of returning to their past work. When it is determined that the disability claimant is incapable of returning to a past job, the disability claimant will further be evaluated as to whether or not they are able to perform some form of "other work".  "Other work" may include any type of work that a claimant's current level of physical and/or mental level of functioning will not preclude or rule out.  

Claimants who are found to be capable of returning to one of their past jobs will be denied. On the other hand, claimants who are found to be incapable of returning to their past work and are found to be incapable of doing some form of other work may be approved on the basis of a medical vocational allowance.

It is important that the disability claimant present medical evidence that demonstrates why the claimant is disabled and unable to work in order for the claimant to win their claim by means of a medical vocational allowance.  In all cases, the disability claimant needs to have compelling medical records noting the specific functional restrictions that the claimant has due to their impairment which prevents the claimant from working.

Indianapolis Social Security Disability Attorney Scott D. Lewis has experience in representing disability claimants with scoliosis and other disabilities related to the spine.  If you or someone you know can't work due to curvature of the spine such as scoliosis, kyphosis, and kyphoscoliosis, contact Scott D. Lewis for a free consultation regarding your Social Security disability claim at (317) 423-8888. 

Mental illness, such as schizophrenia, can be disabling. Schizophrenia is a mental illness that affects how a person experiences reality. Schizophrenia must be diagnosed by a clinical psychologist, psychiatrist, social worker or other clinician, and may be characterized by:

• paranoia,
• hallucinations,
• bizarre delusions & perceptions,
• lack of emotions or motivations, and
• social and occupational dysfunction.

Schizophrenia is a complicated disorder that is commonly treated by antipsychotic drugs, which can alleviate symptoms in some patients, but not cure the disease. Persons with a serious mental illness are just as entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments as persons with a serious physical illness.

Since the criteria to qualify for Social Security disability benefits may be fairly complex, most Indiana claimants with schizophrenia elect to have a Social Security disability lawyer represent them in their disability claim. 

Schizophrenia is addressed in the Social Security Administration's (SSA) Listing of Impairments, Section 12.03, Schizophrenic, Paranoid, and Other Psychotic Disorders. A disability claimant may qualify for disability benefits by either meeting or equaling the specifications of listing 12.03.  Stated in this listing, a disability applicant's medical records must show the existence of intermittent or continuous:

1. Delusions or hallucinations or
2. Catatonic or other grossly disorganized behavior or
3. A state of illogical thinking, incoherence, loosening of associations, or poverty of content of speech (associated with either a blunt, flat, or inappropriate display of mood or affect) or
4. Emotional withdrawal and/or isolation.

For an Indiana disability claimant to satisfy the requirements of listing 12.03, their records must also indicate that at least two of the following apply: 

1. Markedly restricted daily activities;
2. Marked restrictions in maintaining concentration, persistence, or pace;
3. Marked restriction in the ability to maintain social functioning;
4. Extended and repeated episodes of decompensation;

If a disability applicant does not qualify for disability on the basis of the above criteria, a disability claimant with schizophrenia may be approved for disability benefits if the claimant is able to prove the following:

A)  A medically documented history of a psychotic disorder (schizophrenia, paranoid, or other) that has lasted at least 2 years and has resulted in a limitation of the ability to do basic work activities.

B) The medical history must show the existence of repeated and extended episodes of decompensation or the existence of the inability to function outside a highly supportive living arrangement for at least one full year or the existence of a residual disease process whose effects are far-reaching enough that even a minimal increase in mental demands, or even a minimal change in environment, would be predicted to cause the individual to decompensate.

It is important for the disability claimant to continue seeing their doctors.  A psychiatrist or psychologist is the best type of doctor to write a report about your disability when it comes to schizophrenia. The doctor is a key person when a claimant is trying to prove their disability to the SSA.  A doctor's report can carry more weight if your doctor knows you well, and has been treating you for a long time.  In addition, it is important for friends, family, and former employers to write letters and reports about the claimant. These people notice the things the claimant does or says that don't fit in at anemployment environment.  Statements from the people the claimant knows best are important to the Social Security disability claim.  Observations from the disability claimant's family can carry a lot of weight and make a big difference for the success of the claim.

Attorney Scott D. Lewis has experience with representing disability claimants with schizophrenia.  If you or a relative has a mental illness such as schizophrenia, obsessive-compulsive disorder, bi-polar disorder, or another mental illness, you may be entitled to disability benefits from the Social Security Administration.   For a free consultation regarding your Social Security disability claim, call (317) 423-8888.