Indiana Social Security Disability Lawyer Blog

Indiana children with learning disabilities may be entitled to Supplemental Security Income (SSI) benefits.  A significant portion of my law practice is devoted to helping children and their families receive Social Security disability benefits.  My staff and I take great pride in being able to explain the application and appeals process to parents of disabled children, and we make sure that they are fully prepared when it is time to appear at a hearing before a Social Security Administrative Law Judge.  I have found that some other disability attorneys simply do not handle children's cases, or they are unfamiliar with what it takes to win these claims.  Some parts of children's cases are the same as adult cases; for example, the appeals process has the same steps for adults and for children.  However, other elements of children's claims are quite different from adult claims, especially when it comes to showing how the claimant's impairments are severe enough to be disabling under Social Security's rules.  Knowing what the Social Security Administration (SSA) is looking for in children's cases can be the key to a successful outcome. 

In my experience as a disability attorney representing children and their families, I find it especially beneficial to submit certain types documentation of a child's disabilities to the SSA.  These records can include, but are not limited to:

• Medical records from treating physicians, especially specialists, who treat the child for any physical or mental impairments.
• Written statements from treating physicians concerning the severity of the child's disabling condition
  
• Report cards
• IQ tests
  
• Individualized Education Program (IEP)  or 504 Plans developed at the child's school
  
• Written statements from teachers concerning the child's academic progress and behavior
• Behavior reports, written progress reports, and other written correspondence from the child's teacher
  

For each of my clients, I request that the treating physicians complete questionnaires that are designed to show Social Security's disability adjudicators that the child fits the SSA's definition of disability.  Many of these questionnaires refer to the "Listing of Impairments."  The Listings are contained in a manual the SSA publishes; they detail various physical and mental conditions the SSA considers disabling. Learning disabilities are caused by a wide range of mental and developmental impairments, and most of these conditions are addressed in the Listing of Children's Impairments, Section 112: Mental Impairments.  If the child's treating physician's answers to the Listing questionnaires support our contention that his patient meets Social Security's listings, it can help in winning the disability claim.  

Another type of questionnaire I have developed addresses the child's capabilities in six "domains" that the SSA uses to determine how the child's impairments affect his performance in six important areas of daily functioning.  If the SSA finds that the child either has "marked" limitations in two of these domains or "extreme" limitations in one of them, it is likely that the SSA will find the child disabled.

I have represented many children with learning disabilities.  Many of these children have received low IQ scores in testing performed by their schools or their doctors.  They typically require special accommodations from their school, and often they are not in the appropriate grade for their age because they have been held back.  SSI benefits may be available for families with children suffering from learning disabilities, and many representatives like myself will work on a contingency basis to help them get the benefits they deserve.

I have represented many of my Indiana neighbors who have experienced strokes, and one thing is certain - none of them have been exactly alike.  Some of my clients experienced a wide variety of physical and mental impairments leading up to their strokes, while others seemed to be perfectly healthy until they experienced their strokes.  One thing they all had in common, though, was that having a stroke altered their lives in ways many of us may could never imagine.  As a Social Security disability attorney, I realize that the particular facts of each case always matter.  With that in mind, I collect medical documentation for each of my clients that will paint a clear picture of the symptoms that person experiences, and how it affects his daily life. 

As I mentioned before, a person may experience many different symptoms after a stroke, and the ability to recover from those symptoms can vary greatly from individual to individual as well.  Some of the symptoms include, but are not limited to:

• Numbness, tingling, and weakness
  
• Difficulty with speech
• Problems with balance and walking
• Cognitive problems 
• Vision problems
• Headaches

The Social Security Administration (SSA) does recognize stroke and the symptoms that accompany a stroke as disabling conditions.  In technical terms, a stroke is referred to as a cerebrovascular accident (CVA).  The SSA addresses stroke in its Listing of Impairments under listing 11.04: Central Nervous System Vascular Accident.  I have found that the SSA and most Administrative Law Judges (ALJs) consider these listings first when trying to determine whether a condition is disabling.  However, many times they fall back on a more generalized look at an individual's physical residual functional capacity to determine if she is disabled.  When the ALJ looks at your physical residual functional capacity, he is deciding whether the symptoms you experience after your stroke, such as your inability to walk or to manipulate small objects with your hands, prevent you from working a full time job.  Since the length of time it takes to recover from a stroke and the amount of permanent damage done by a stroke varies from person to person, the judge must consider the specific facts of each case.  If you have been receiving consistent treatment from a specialist, such as a neurologist, those medical records can be very beneficial.  They will show the types of treatments you have tried, whether you are making progress in your recovery, and whether your doctor thinks you have a good chance of recovery or not.  These records can be the key to a successful outcome in your disability claim.

Many of my clients who have suffered from strokes simply have no energy throughout the day, and they complain of problems concentrating or focusing.  Their speech may also cause major problems, because their strokes have diminished their ability to find words and to speak clearly.  All of them deserve to have their disability claims handled by someone who will pay close attention to the specific details of their cases, and who will address all the concerns that they and their families have as they navigate the disability process. 

The Social Security disability appeals process can be overwhelming, especially when you are dealing with adjusting to life after you have had a stroke.  It is important to remember that Social Security has strict deadlines you must meet while you are appealing your claim, and if you miss those deadlines it could cause months of delays and additional hardships.  I take great pride in helping individuals who suffer from disabling conditions, and I am glad to use my experience with Social Security disability appeals to strive for the best outcome possible. 

I receive numerous calls every week from Indiana residents telling me they have been denied disability benefits.  People suffering from bipolar disorder or other mental impairments make up a portion of those phone calls.  I cannot represent every potential disability client who calls my office, and there are several factors I have to consider before deciding to represent someone.  Some callers tell me they are bipolar, but they have never been diagnosed by a doctor and are not receiving any treatment.  Unfortunately, your belief that you have bipolar disorder is probably not going to be enough for the Social Security Administration (SSA) to find you disabled. Even if you experience the symptoms of  bipolar disorder,  the SSA is going to want documentation from treating sources to help prove your disability claim is valid.

I do understand the difficulty in finding appropriate treatment for mental illness.  If you do not have health care coverage, the cost to visit a therapist, see a psychiatrist, or pay for medication is unaffordable, even for people who are employed.    Fortunately, some hospitals and nonprofit organizations have programs to help people without funds obtain treatment for mental disorders.  I strongly encourage my clients to seek these programs out and do the best they can to get the care they need. 

Most of my clients receiving care for a mental disability see two different kinds of mental health professionals.  Usually the person who prescribes mental health medications is a psychiatrist.  The patient has periodic appointments with the psychiatrist, who assesses the patient's need for medications, prescribes the appropriate drugs, and monitors the patient's progress.  Another individual commonly seen by my clients is a therapist.  The patient often spends more time with a therapist than with a psychiatrist, usually in the form of group or individual counseling.  Most therapists document the individual's progress in treatment records that can be used to show the Social Security Administration how the claimant's mental impairments keep her from being able to live a normal life.

So what should you do if you have bipolar disorder and you are unable to obtain mental health treatment?  If you believe your mental condition prevents you from working, you should apply for disability benefits. Most likely, the SSA will send you for a consultative mental health examination.  If your condition is severe enough, the results of the exam might provide enough evidence for the SSA to find you disabled.  However, it is important to remember that an opinion from a doctor who has only examined you once, and who has never treated you before, is not very strong evidence of a mental impairment, and winning your claim will be a long shot. 

To summarize, I believe individuals who suffer from bipolar disorder and are unable to work can win their Social Security disability claims if they have good treatment records.  If you are denied after you apply for benefits, It is important not to give up, because many studies show that you are more likely to receive a favorable outcome on appeal than on your initial claim.  Many factors affect the probability of a favorable decision - I have found it can depend on which Administrative Law Judge hears your case.  Some judges are sympathetic to people with mental disorders, while other judges look upon them with a very skeptical eye.  Finally, it is important to keep track of the paperwork Social Security sends you, to keep all of your appointments, and to remember your deadlines for returning your paperwork.  Be persistent in appealing your claim so you will not be delayed in receiving the benefits you deserve.