August 2011 Archives

August 30, 2011

Weight-Bearing Joint Disability and Social Security Disability Benefits

Indianapolis Social Security disability lawyer Scott D. Lewis is an experienced disability attorney who represents Indiana individuals with their Social Security disability claims. Individuals who suffer from weight-bearing joint disabilities may find themselves unable to work due to this disabling condition.  The Social Security Administration (SSA) recognizes weight-bearing joint disorders in their "Listing of Impairments."  The SSA's "Listing of Impairments" is simply a list of impairments that the SSA uses to define and evaluate disability.  Under Section 1.00 Muscuskeletal System, you may find how the SSA evaluates weight-bearing joint conditions in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Weight-bearing joints, also known as "load-bearing" joints, are located in the knees, hands, hips, feet, and spine.

An individual may qualify for SSDI or SSI benefits if he/she experience major dysfunction of a joint and the individual has one or more major weight-bearing joint issues causing the individual to have limited ability to walk, independently initiate, sustain, or complete activities. Individuals suffering from a weight-bearing joint disability may experience insufficient lower extremity function preventing him/her to have independent ambulation without the use of a hand-held assistive device(s).  Individuals that use hand-held assistance, such as a walker, two crutches or two canes, may find that they are limited with both of their upper body extremities. Therefore, not only having limitations with their lower extremities, but also limiting the use of their upper body extremities.

According to the SSA, an individual who is able to ambulate effectively must be capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living. They must have the ability to travel without companion assistance to and from a place of employment or school. Some examples given by the SSA of ineffective ambulation may include, but are not limited to, the following:

  • the inability to walk without the use of a walker, two crutches or two canes,
  • the inability to walk a block at a reasonable pace on rough or uneven surfaces,
  • the inability to use standard public transportation,
  • the inability to carry out routine activities, such as shopping and banking, and
  • the inability to climb a few steps at a reasonable pace with the use of a single hand rail.

Indiana residents that experience load-bearing or weight-bearing joint pain limiting them from performing substantial gainful activity may qualify for SSDI or SSI benefits.  If you have been denied disability benefits for your weight-bearing joint disability, or any other disability, Mr. Lewis may be able to assist you with the appeals process.  At the law office of Scott D. Lewis, Mr. Lewis offers a FREE case evaluation and is eager to discuss your disability claim with you.  Call (317) 423-8888 for your free consultation!

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.  If you have questions call (317) 423-8888 today!

August 19, 2011

Indianapolis Social Security Disability Benefits Lawyers May Be Able to Give You A Good Idea Of What To Expect At Your Appeals Hearing

Indianapolis disability attorney Scott D. Lewis believes one of the most important aspects of his job is to advise his clients as to what they can expect during a Social Security disability hearing.  While Social Security Administrative Law Judges (ALJs) may have varying formats in the way they run the hearings, a general theme usually guides their line of questioning.

Disability lawyer Scott Lewis finds the questioning generally falls into three categories and these include: 

  • General questions
  • Job related questions 
  • Medical questions

General questions most likely the easiest questions for the claimant to answer.  Questions concerning your name, address, age, marital status, number of children you have,  height, weight, right or left handed, and even the type of home you live in.  Why does the Social Security Administration care about these things?  Remember, the facts always matter.  If you testify you are unable to take care of yourself, but also testify you have three young children you care for, the Judge may not put as much weight into the testimony that you are unable to care of yourself.  Sound fair? Maybe not, but it is important to remember there is usually a legitimate reason for every question you are being asked.

As for job related questions, usually the Social Security Administrations is only concerned with jobs you performed over the last fifteen years that lasted over three months.  Okay, so now you're thinking, "I have had so many jobs that it's going to be hard to remember one I performed fifteen years ago."  Well, the judge at your hearing may have a printout of your past occupations and through a line of questioning can usually help you remember your past relevant employment.  Also, at some hearings a vocational expert or "job expert" may be present and possibly has already examined your job history to determine relevant employment.  The reason the judge is concerned with your past employment is to determine whether you can return to that line of work with your disabilities.

Medical related questions is the big one and it usually dominates the amount of time spent on questioning at your hearing; exactly how your physical or mental impairments prevent you from working your past jobs or any other jobs in the economy.  These questions can include, but are not limited to, who your treating physician(s) are and what kind of treatment you are receiving.  Questioning may also include things such as how your physical condition puts restrictions on your ability to stand, sit, walk, lift, use your hands and/or legs for repetitive actions, and also the effect of pain which may reduce your ability to focus and concentrate on job related tasks.  Questions concerning a mental disability may include your inability to leave the home, inability to focus or concentrate, and extreme fatigue, among other questions.  Remember, there are two parts to every Social Security disability hearing: medical records and your testimony.

question mark computer.jpgThe above information is the experience of Indiana Social Security disability attorney Scott D. Lewis and other attorneys or representatives may have different views concerning these topics, but in Mr. Lewis' experience these are the three general areas covered at Social Security disability hearings.  It should also be noted that not all judges conduct hearings in the same manner; some may skip certain areas or add other questioning.  Disability lawyer Scott Lewis believes being prepared for the line of questioning you may receive at your hearing is the best way to avoid any surprises you may encounter on your hearing day.

If you have an upcoming Social Security disability hearing or you simply would like to discuss your initial Social Security disability claim, contact Mr. Lewis for a free case evaluation. Indianapolis disability lawyer Scott Lewis is an experienced disability attorney providing legal representation for disabilities such as back pain, heart disease, diabetes, depression, bipolar disorder, and many other conditions.  Call (317) 423-8888 for a free consultation.

August 16, 2011

Digestive Disorders and Social Security Disability Claims

Many individuals suffering from a digestive disorder find that this disorder can take them away from work indefinitely. Indianapolis Social Security disability attorney Scott D. Lewis assists individuals with digestive disorders with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  The Social Security Administration's(SSA) "Listing of Impairments" addresses the criteria for a variety of digestive system disorders in section 5.00 Digestive System.  Specifically, the following digestive orders can be found under this listing:

  • 5.02 Gastroinntestinal hemorrhaging from any cause, requiring blood transfusion
  • 5.05 Chronic Liver Disease
  • 5.06 Imflammatory Bowel Disease (IBD)
  • 5.07 Short Bowel Sydrome (SBS)
  • 5.08 Weight Loss due to any digestive disorder
  • 5.09 Liver transplant

Meeting the Listings for digestive disorders may be very difficult. However, individuals may also be awarded SSDI or SSI benefits if they suffer from a combination of health problems while they do not meet the listing, in combination prevent them from being able to perform substantial gainful employment. The "Listings of Impairments" are designed to award Social Security disability benefits to disability claimants who are clearly severely ill.  The Administrative Law Judge (ALJ) at a hearing can determine that a person, while not meeting a specific disability listing, has health problems severe enough to award the claimant disability benefits.

Individuals suffering from a digestive disorder may experience the following symptoms or side effects:

  • Development of allergies due to compromised immunity
  • Abdominal pain
  • Indigetion
  • Heartburn
  • Difficulty swallowing
  • Diarhhea or constipation
  • Chest pain
  • Fatigue
  • Bladder or bowel changes
  • Unexplained weight loss
  • Bloating and painful gas
  • Nausea and vomiting
  • Weakened immune system

As stated above, being approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for a digestive disorder may be difficult. In order to successfully win your claim, it's important to prove to the SSA what is wrong with you and how the digestive disorder negatively affects your daily life. In some cases, digestive disorders may be painful and life-altering. Digestive disorders may also affect other organs such as the gallbladder, liver, and pancreas. Digestive problems may also indicate more serious conditions such as cancer, peptic ulcer, or liver disease.

Currently, digestive problems are among the top culprits for lost time at work and statistically seem to be occurring with increased frequency. Chronic pancreatitis and inflammatory bowel syndrome (IBS) are two of the more common digestive disorders. If a serious digestive disorder has caused you to become disabled and unable to work, Indianapolis disability attorney Scott D. Lewis can help you fight for the disability benefits you may deserve. To learn more about the disability claims process, contact Scott D. Lewis at (317) 423-8888. Mr. Lewis or his staff may be able to assist you with your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim. Get your free case evaluation today!

August 11, 2011

Affective Disorders and Indiana Social Security Disability Benefits

Indianapolis Social Security disability lawyer Scott D. Lewis assists disabled individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  In his disability law experience, Attorney Lewis represents disability claimants with a variety of disabling conditions including physical disabilities, mental disabilities, or a combination of conditions.  Among the variety of disabling conditions, Mr. Lewis has experience in representing individuals with affective disorders such as depression.

depression.JPGWhat is affective disorders?  Affective disorders are mental disorders that are characterized by extreme mood changes in a person.  Affective disorders may either be manic or depressive.  Manic affective disorders symptoms may include irritable or elevated moods with pressured speech, inflated self-esteem and hyperactivity.  Depressive affective disorders symptoms may include episodes of dejected mood with sleep disturbance, agitation, disinterest in life, and feelings of worthlessness or guilt.  Some individuals experience a combination of the two. Individuals with an affective disorder may or may not have psychotic symptoms such as delusions, hallucinations, or other loss of contact with reality.

How does an individual with an affective disorder qualify for SSDI or SSI benefits?  According to the Social Security Administration (SSA), individuals suffering from an affective disorder if he/she meets the requirements stated in the SSA's "Listing of Impairments."  In section 12.04 Affective Disorder, the SSA characterizes affective disorders by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.

Per Section 12.04, the required level of severity for affective disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied. These requirements are as follows: 

A.  Medically documented persistence, either continuous or intermittent, of one of the following:

1.  Depressive syndrome characterized by at least four of the following:

    • Anhedonia or pervasive loss of interest in almost all activities; or
    • Appetite disturbance with weight change ; or
    • Sleep disturbance; or
    • Psychomotor retardation or agitation; or
    • Decreased energy; or
    • Feelings of guilt or worthlessness; or
    • Suicidal thoughts; or
    • Hallucinations, delusions, or paranoid thinking; or
    • Decreased energy; or

2.  Manic syndrome characterized by at least three of the following:

    • Flight of ideas; or
    • Inflated self-esteem; or
    • Pressure of speech; or
    • Hyperactivity; or
    • Decreased need for sleep; or
    • Easily distracted; or
    • Involved in activities that have a high probability of painful consequences with are not recognized; or
    • Hallucinations, delusions or paranoid thinking; or

3. Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes);

AND

B. Resulting in at least two of the following:

  • Marked restriction of activities of daily living; or
  • Marked difficulties in maintaining social functioning; or
  • Marked difficulties in maintaining concentration, persistence or pace; or
  • Repeated episodes of decompensation, each of extended duration.

OR

C. Medically documented history of a chronic affective disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

Indianapolis individuals that suffer with an affective disorder that are unable to work due to this disabling condition, should not hesitate to apply for SSDI or SSI benefits.  At the law office of Scott D. Lewis, we offer a free consultation to those individuals seeking Social Security disability benefits.  For your free case evaluation, call (317) 423-8888.

August 8, 2011

Heart Problems and Indiana Social Security Disability Benefits

heart beat.JPGAre you an Indiana disability claimant unable to work due to heart problems?  Indianapolis Social Security disability lawyer Scott D. Lewis represents those individuals with disabling conditions such as heart disease in their disability benefits claim.  Indianapolis disability claimants who suffer from heart conditions may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if he/she meets the Social Security Administration's (SSA's) Listing of Impairments.  In Listing 4.00 Cardiovascular System, the SSA outlines the requirements in order for an individual suffering from a heart condition to qualify for SSDI or SSI benefits. 

Heart disease, also known as cardiovascular disease, describes a large spectrum of disorders that affect the heart muscle and/or blood vessels. The primary cause of death, in men and women worldwide, is problems with the heart and blood vessels. Coronary artery disease (or atherosclerosis) is the result of plaque building up in the arteries.  This condition can lead to a heart attack, heart failure, high blood pressure, angina, and/or stroke. Congenital heart disease, heart infection, heart valve disease, and cardiomyopathy are examples of heart problems not related to arterial build-up. 

Strokes and heart attacks can cause serious physical limitations and are one of the most common causes of disability today. Damage to the heart or blood vessels that carry oxygen and nutrients throughout the body can cause any number of debilitating symptoms, including:

  • Arrhythmia
  • Chest Pain and Pressure
  • Muscle Weakness
  • Stomach Pain
  • Fatigue
  • Nausea and Vomiting
  • Lightheadedness/Fainting
  • Dizziness
  • Anxiety
  • Blood Clots
  • Shortness of Breath
  • Upper Body Pain
  • Sweating
  • Heart Palpitations/Rapid Heart Rate

Heart and blood vessel problems result from damage done to the cardiovascular system, either through congenital defects or lifestyle and environmental factors. Pressure build-up in the arteries due to the presence of plaque restricts the blood flow to bodily organs and tissues. Plaque build-up (atherosclerosis) is the primary reason cardiovascular disease develops. Health disease occurs due to risk factors like an unhealthy diet, unhealthy BMI (Body Mass Index), lack of exercise, and smoking. Also, heart problems may be genetic.

If a heart problem is keeping you from working, contact experienced disability lawyer Scott D. Lewis to guide you through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) process and attempt to help you win approval for benefits. For a free case review, please contact attorney Scott D. Lewis today, at (317) 423-8888.

August 4, 2011

Social Security Disability Benefits for Obsessive-Compulsive Disorder (OCD)

Indianapolis disability attorney Scott D. Lewis represents individuals with a variety of mental and/or physical disabling conditions.  Included in these impairments is those suffering with Obsessive-Compulsive Disorder (OCD).  Indiana residents with OCD may find themselves qualifying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  OCD is a disabling condition that may qualify for SSDI or SSI benefits under the Social Security Administrations "Listing of Impairments," Section 12.00 Mental DisorderOCD is specifically identified under section 12.06 Anxiety-related disorders.  Refer to the SSA's website for criteria requirements. 

What is Obsessive-Compulsive Disorder (OCD)?  OCD is a mental disorder when an individual worries, doubts or superstitious beliefs become excessive.  OCD is a condition in which the brain cannot let go of a certain thought, and therefore, it makes the patient overly anxious or worried about even the most menial aspects of daily life.  OCD sufferers have difficulty in controlling his or her worries, anxieties, or urges. Many times patients with OCD do not recognize the severity of their condition until it is either too late to treat, deal with the condition as a minor inconvenience, and in many case simply don't realize what is happening. Unfortunately, OCD may impair a person's ability to concentrate or communicate with others. As a result, OCD may prevent an individual from being able to work at a reasonable level.

Some examples of OCD behavior may include, but is not limited to the following:

  • washing your hands for hours at a time to make sure they remove all germs
  • driving around the block over and over again to make sure an accident didn't happen
  • turning on and off lights for long periods of time to ensure the lights are turned off

Since patients with OCD may either be obsessive and/or compulsive, it is imperative to understand difference. An 'obsessive' individual may think about germs too often, or needing to have things stay the same, or a strong desire to confess to others. A 'compulsive' individual may check on things more than normal or repeat an act far more than normal.  Some patients are both obsessive and compulsive.

Some OCD patients have found success with treatment.  Although, OCD is not curable, it may be manageable.  Many individuals find that therapy for OCD is a very good way to manage this illness. It is important for disability claimants with OCD to visit their treating physicians and therapists regarding their disabling condition.  As Attorney Scott Lewis prepares for the hearing for his client suffering with OCD, he or his staff will seek medical record evidence supporting the client's disability claim.  Doctors and/or therapists' are a credible sources of information, as well as witnesses for your case, and may help in getting the benefits you deserve.  Ultimately, the Administrative Law Judge (ALJ) is the individual that needs to be convinced that your disorder prevents your from working.  He or she needs to believe that you can not perform the basic functions of work such as concentrating and interacting appropriately with people encountered in the workplace due to your condition.

At the Indiana law office of Scott D. Lewis, Mr. Lewis and his staff take great pride in assisting disability claimants with their SSDI or SSI claim.  Call immediately for your no cost, no obligation, consultation at (317) 423-8888.  Attorney Scott Lewis is eager to discuss your disability claim! 

August 1, 2011

Indianapolis Social Security Disability Benefits Due to Amputation

handicap 2.JPGIndiana 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 experiance 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 amputatuon 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."  Amputation is found in Section 1.05 of the "Listing of Impairments". This listing makes clear that it includes amputations due to any cause. The criteria clearly states that an individual will meet the listing outright if he/she meets one of the following conditions:

  1. Loss of both hands.
  2. Have lost either lower limb above the ankle (tarsal region) AND have complications that medically prevent you from using a prosthetic device to help you walk and effectively ambulate.
  3. Loss of one hand and one lower limb above the ankle with inability to use a prosthetic device.
  4. Loss of an entire leg at the hip or pelvic region.

Although, if you do not meet the above criteria, it does not automatically disqualify an individual from winning their SSDI or SSI claim.   Typically, the SSA will take into account how your amputation affects your ability to perform daily tasks. It is important that your medical documentation demonstrates that you can not effectively use a prosthetic device and why. Having doctor's reports that include any and all restrictions on an individuals daily activities due to the amputation can help in supporting the individuals disability claim.

Lastly, as with other disabling conditions, the effects of the amputation must be expected to last at least one year in order for you to qualify for Social Security disability benefits. In most cases with amputations, this does not present a problem. The exception to this is cases where you may be expected to be able to effectively use a prosthetic device within a year.

Indiana Attorney Scott D. Lewis has experience in representing amputees with their SSDI or SSI claim.  If you have experienced a limb amputation and are unable to work due to the effects of the amputation, please contact Attorney Scott Lewis at (317) 423-8888 for a free case evaluation.  Mr. Lewis and his staff are ready to assist you with your Social Security disability claim.  Call today!