Indiana Social Security Disability Lawyer Blog

Many Indiana residents living with Carpal Tunnel Syndrome (CTS) may be eligible for Social Security Disability benefits. Carpal Tunnel Syndrome is an injury caused by repetitive movements that strain the median nerve of the carpal tunnel area of the wrist. This results in tissue enlargement that pinches the median nerve running through your hand. Symptoms of Carpal Tunnel Syndrome may include sensations of burning or tingling, loss of grip strength or dexterity, locking of joints, swelling, inflammation, or pain.

Currently the Social Security Administration has no entry in the Listing of Impairments for Carpal Tunnel Syndrome. This is why most people do not know that they may be eligible for Social Security Disability benefits. Carpal Tunnel Syndrome does not have a entry in the listing of impairments because it is not considered one of the more common disabilities. A likely reason for this is because most people with Carpal Tunnel Syndrome can perform other aspects of their job. Typing may be hard for someone living with Carpal Tunnel Syndrome but answering the phone or going to meetings may not require repetitive use of the hands resulting in pain.

While Carpal Tunnel Syndrome may not be recognized in the listing of impairments, it can be considered a disabling condition by the Social Security Administration. An Administrative Law Judge may find Carpal Tunnel Syndrome prevents you from returning to past employment, and may find that due to your condition there are no jobs in the economy in significant numbers you can preform. Indiana Residents that have questions as to if their condition is severe enough to receive benefits may want to contact a Social Security Disability Attorney.

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Many Indiana residents wonder if it is possible to apply for Social Security Disability benefits online. It is actually a fairly easy process with only four main steps that can be followed on the Social Security Administration website. The first thing to do is log on to the Social Security Administration website at http://www.ssa.gov. Next, click on the Disability Benefits link in the middle of the page. This brings you to a page that is titled "Apply Online for Disability Benefits". At the bottom of this page the four main steps are outlined for you.

The first step is to review the disability checklist. This checklist consists of all the information that you need to complete the Disability Application and the Disability Report. If you click the link at this step, it will take you to the Adult Disability Checklist. On this page there is a printable version of the list.

The second step is to fill out the application itself. If you click on the link in the second step it takes you to a page with three important sections. The first one is "using this application". This link will take you to the instructions for the Social Security Disability benefits application. The second section is the bullet list of links to help with other questions. The third section is the last section on the page that is the start of the application process for Social Security Disability benefits.

The third step in applying for Social Security Disability benefits online is to complete the Disability Report. This step is very similar to the second step because of the three main components on the Adult Disability Report page. The first part is instructions on how to fill out the form, the second part is links for other questions or problems, and the third part is starting the report.

The final step in the process of applying for Social Security Disability benefits online is filling out and signing the "Authorization to Disclose Information to the SSA" form. To complete this step you must print out the form, fill it out, and be sure to sign it. After you have filled it out, you may either drop it off at the Social Security Administration building or have it mailed to the Social Security Administration.

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A common question that many Indiana disability applicants have may be: why does the Social Security Administration care about my work history? Sometimes at an Administrative Law Judge hearing in order to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the judge and the job expert must find that you cannot return to any past work along with meeting other standards. It is important that in describing your past work history that you are very thorough. The more information that you give to your attorney, the judge, and the court in general, may increase your chances at winning your social security disability claim. When the court uses the phrase "past work" they are talking about any job that you have held for at least three months in the past 15 years. Any job older than the 15 year period is irrelevant because the person is likely to have lost the skill for the job or the technology they used is now outdated.

After looking at your current abilities and disabilities the court will determine a RFC (residual functional capacity). This is a rating on how much work and what kind of work you can do. You may not be able to work construction, but a retail job may not be out of the question. This is why it is important to give an accurate past work history. The more details you give, the better the court can compare your prior skills to your current RFC. Social Security Disability Attorney Scott D. Lewis often finds Indiana disability claimants have a difficult time remembering past work details. It may be helpful if Indiana Social Security Disability claimants make notes prior to the hearing in an Indiana courtroom to help them adequately describe prior employment.

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It is estimated that by the end of the year 2010 a little over 43,000 people will have been diagnosed with pancreatic cancer in the United States. Some of these people are Indiana residents wondering if they can receive social security disability benefits for this condition. Pancreatic cancer is in section 13.20 in the listing of impairments under malignant neoplastic diseases. As defined by The Mayo Clinic, Pancreatic Cancer is cancer of the organ that lies directly under your stomach. The pancreas releases enzymes that help digest food and hormones for your metabolism. Some symptoms of pancreatic cancer may include pain in your upper abdomen, jaundice, loss of appetite, weight loss, and clinical depression. No one knows for sure what causes pancreatic cancer but there may be some risk factors. These may include age over 60 years old, smoking, obesity, and African-American ethnicity. There are many different tests that a doctor may perform to determine if someone has pancreatic cancer. The most common is a biopsy, while an x-ray or a CT scan might also be used.

Indiana residents attempting to receive social security disability benefits from the social security administration may be interested in knowing the different stages of pancreatic cancer. There are four main stages of pancreatic cancer. Stage one is cancer in the pancreas only. Stage two is after the cancer has spread to nearby tissue and possibly the lymph nodes. Stage three is when the cancer has spread to the major surrounding blood vessels and the lymph nodes. Stage four is cancer that has spread to all surrounding organs and most of the abdomen. There are two main treatments for pancreatic cancer. The first is surgery. This is only possible if the cancer is in its early phases. This procedure involves removing the pancreatic head if the cancer has not spread any farther. If the cancer has spread farther than the pancreatic head, then chemotherapy may be the next best option. Chemotherapy is used because of the benefit of survival and it may improve the quality of life in general for the patient. The preceding information is intended as a summary of information from other sources, and is not intended to be used as medical or legal advice.

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Emphysema affects 2 million Americans annually. People with this condition often wonder if they can receive social security disability benefits. The answer is yes, you may be able to receive social security disability benefits for emphysema and other lung conditions including asthma, cystic fibrosis, and lung cancer. Mayo Clinic defines emphysema as a condition that limits the amount of airflow when you breathe out. Some symptoms of emphysema might be shortness of breath and/or expansion of the chest caused by the trapped air in the lungs. The primary cause of emphysema is the smoking of cigarettes, but it can also be caused by an alpha 1-antitrypsin deficiency.

The diagnosis of emphysema will be confirmed by a pulmonary function test and most likely an x-ray. Emphysema is an irreversible degenerative disease. The only thing to do to slow the progression is to stop smoking and/or not breathing any other lung irritants in. Pulmonary rehabilitation can help improve the patient's quality of life and teach them how to manage their condition, but will not cure them. The only true cure for emphysema is a lung transplant but many of the patients are not strong enough to survive the surgery. This is due to the many drugs that emphysema patients are given to help the quality of life that cause damage to the other organs. The risk of infection is also very great with transplants because of the anti-rejection drugs that the patients must take. These drugs suppress the immune system therefore making infections deadly.

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Many disability applicants wonder if they can receive disability benefits for panic disorders and agoraphobia. Those suffering from these disorders often find everyday life difficult to live. Agoraphobia is commonly known as an anxiety disorder revolving around fear. Agoraphobia can be fear of public places, fear of large crowds, or the presence of people in general. At its simplest definition it is the fear of experiencing anxiety or panic attacks in public places. Many agoraphobics most often have attacks when they feel insecure or trapped.

The cause of agoraphobia is still unknown but women are more often diagnosed with it than men. People that abuse alcohol and other drugs also have an increased risk more than people that do not. The onset of agoraphobia can come at any time in a person's life but is most common starting in the teen years to early twenties. Agoraphobics tend to isolate themselves so that they do not have panic attacks. If the condition gets severe enough it could include never leaving home; things like work, shopping, or school can be nearly impossible. Even though agoraphobia is a psychological disorder, many times it causes physical symptoms. A few examples are chest pains, difficulty breathing, or dizziness. While it is often thought there is no way to prevent agoraphobia there are treatments. Treatment consists mainly of medications and psychotherapy. If treatment does not start early, agoraphobics' phobias may become worse over time.

Continue reading "Indiana Residents Claiming Disability for Panic Disorder and Agoraphobia" »

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. 

Autism is recognized by the Social Security Administration (SSA) as a disabling condition. Autism is a neurodevelopment disorder that affects social interaction and communication skills. Some symptoms of autism include, but are not limited to, repetitive or restricted behavior or lack of communication. The majority of Attorney Scott Lewis' disability clients attempting to receive disability benefits for autism have been children. While most of these clients are children, adults with autism may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. Indiana disability claimants facing this impairment may be entitled to disability benefits.

Found in the SSA's Listing of impairments, Section 12.10, Autistic Disorder and Other Pervasive Developmental Disorders (in both the adult and childhood listings) are the criteria required by the SSA for meeting the requirements for people with autism. There are several different types of autism including, but not limited to, Classic Autism and Aspergers Syndrome.  According to the SSA, the required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A.  Medically documented findings of the following: 

All of the following for autistic disorder: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; and markedly restricted repertoire of activities and interests;

OR

Both of the following for other pervasive developmental disorders: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity;

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.

Many of the types of autism that Attorney Scott Lewis observes are Classic Autism, Aspergers Syndrome, Childhood Intergrative Disorder, Rett Sydrome, and Pervasive Development Disorder.  In Scott D. Lewis' Social Security disability law practice, he sees a wide variety of symptoms associated with autism. Many times these individuals have difficulty with communication and interacting with the society as a whole. The range and severity of symptoms seem to vary greatly. In his experience, some of these disability claimant's autism cannot be detected in superficial contact with the public. Upon closer observation, the impairment is quite clear. Many of these younger individuals will never be able to live independently and will most likely be unable to perform substantial gainful activity.

While much research is being done on the cause and prevention of autism, the truth remains it is an increasing diagnosis of disability.  If you or someone you know has been diagnosed with autism and believes Social Security disability might be an option, contact Indianapolis Social Security Disability Attorney Scott Lewis today for a free consultation at (317) 423-8888.

It may be a painful reality that the Indiana Social Security disability claims process is a long drawn out process. In some cases, disability claimants are faced with some unfortunate situations while they are waiting the 18-24 months to be in front of an Administrative Law Judge (ALJ). Indianapolis Social Security Disabilty Lawyer Scott D. Lewis often gets asked by his Social Security disability clients how they will be able to get their hearing date expedited. Mr. Lewis understands the client's frustration with the waiting process, but getting a hearing date faster than anyone else is not as easy as he'd like.

As most Social Security disability attorneys would share with their clients, getting a hearing date expedited may be difficult but not impossible. In some circumstances, a disability claimant may be able to prove a "dire need" to expedite the hearing. As most claimants experience, living without a paycheck, with existing ongoing medical bills, needing a place to sleep, and needing to eat can cause a lot of difficulty when it comes to survival. Attorney Scott Lewis often recommends to his clients to find a good support system during this difficult time. So, how does someone tell the Social Security Administration (SSA) that they are in a dire need to expedite the date of their disability hearing? First of all, the claimant and/or their disability lawyer must submit a "dire need" letter to the SSA explaining their extreme financial hardship. A "Dire Need" situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as lack of food, clothing, shelter or medical care.  The claim must allege specific immediate circumstances.  In Attorney Scott Lewis' experience, the preceding factors may be looked at, but the three main factors the Indiana Social Security Administration will focus on are homelessness, home foreclosures or being terminally ill.

You may wonder what the SSA would consider a dire need situation. Unfortunately, this may mean that things must get pretty bad for the claimant.  Requests for expediting a disability hearing are routinely denied, but some examples of a dire need situation are as follows:

1. If a claimant is the age of 55 or older, consideration of expediting the hearing is more likely.  Claimants that are 55 or older fall into a less restrictive disability category.  As a consequence, the claim is more easily decided by an Administrative Law Judge (ALJ) or an attorney advisor. 
2. If a claimant is terminally ill or when the claimant is at a critical risk for death if emergency life saving surgery is not performed immediately, this may be considered a dire need situation.   This circumstance must be put in writing by the claimant's physician and be submitted with the claimant's request to expedite the hearing. Terminal illness cases or "Compassionate Allowance" cases must clearly set forth the emergency medical situation involved.
3. If a claimant's home is about to be foreclosed or they are facing eviction, the SSA may consider this as a dire need situation.  When a claimant states this claim, they must support it with a Notice of Eviction, foreclosure notice from a mortgage lender, utility companies, etc.  This supporting evidence must be a legally driven notice not a handwritten note from a friend or relative.
4. If a claimant is on the brink of losing the ability to access needed medication, this may also be considered a dire need situation.
5. If a claimant becomes suicidal due to their situation, this may influence an expedited hearing.

As all disability claimants have the right to submit such request, seldom, if ever, these requests are granted.  With the extreme backlog of disability cases pending with the SSA, it's unlikely that a claimant will get their hearing date any faster. On occasion, Attorney Scott D. Lewis does file these requests to the SSA when a client notifies him of such situations.  In some cases, requests for an expedited hearing may only move the hearing date up by a few months.  It is only in extremely rare cases that the SSA will grant a request and hear the case within 90 days. 

If you have a pending Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888. On a regular basis, Attorney Scott D. Lewis deals with disabilities such as degenerative disc disease, diabetes, heart conditions, schizophrenia, COPD, and many other disabilities. 

Indianapolis Social Security Disability Attorney Scott D. Lewis represents claimants that are fighting to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Many of his Indiana clients ask him what disabilities will qualify them for these disability benefits programs. Even though a claimant doesn't always have to meet one the Social Security Administration's (SSA's) Listing of Impairments in order to win their claim, a claimant can win their claim if they do in fact meet the criteris of one the qaulifying impairments. The SSA has listed the criteria for each of these listed impairments that will medically qualify a person for SSDI or SSI benefits. This listing may also known as the SSA's "Blue Book."

Impairments listed in the SSA's Blue Book fall under one of the following categories:

• Musculoskeletal System
• Special Senses & Speech
• Respiratory System
• Cardiovascular System
• Digestive System
• Genitourinary Impairments
• Hematological Disorders
• Skin Disorders
• Endocrine System
• Impairments the Affect Multiple Body Systems
• Neurological
• Mental Disorders
• Malignant Neoplastic Disease
• Immune System Disorder

Every impairment has its own criteria for qualification or approval.  Disabling conditions such as diabetes, high blood pressure, congestive heart failure, personality disorders, anxiety, spine disorders, leukemia, and a variety of other cancers are included in this list of impairments.  Many times, the disability examiner that is reviewing the claimant's application will simply open the SSA's blue book and compare the disorder requirements with the medical evidence of the claimant.  If the disability claimant's supporting medical evidence meets the criteria of the listing, the claimant will be approved for disability benefits. 

Unfortunately, not all disabling conditions are included in the SSA's listing of impairments.  For example, carpal tunnel, fibromyalgia or irritable bowel syndrome are among some of the impairments not listed in the qualifying listing of impairments.  Disability claimants with such conditions might wonder how they would qualify for disability benefits when their impairment is not listed in the SSA's Blue Book.  Since the claimant's disabling condition does not meet or exceed the requirements of a listing, the claimant may get a medical/vocational allowance.  In this case, the disability examiner will look at the claimant's previous work experience and the claimant's medical records.  The examiner will determine if the claimant is capable of performing sedentary, light or medium work.  After the examiner determines what level of work the disability claimant is able to perform, he or she will determine whether or not the claimant is capable of returning to the past work based on the disability claimant's limitations.  In the case that the examiner determines that the claimant is unable to return to their previous employment, the examiner will determine whether there is other types of work the claimant can perform. 

In summary, claimants with a disability that is listed in the SSA's Listing of Impairments and that claimant's disability meets the criteria of that listing, it is likely that the claimant will win their claim.  When a claimant has a physical disorder combined with a mental disorder such as depression, it is important to get the appropriate medical documentation from a qualified physician.  Having a combination of impairments can only strengthen the disability claimant's claim.

If you or someone you know has questions regarding your disabling condition, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888.   

Is it a problem if I am receiving unemployment benefits and I am trying to get Social Security disability benefits?

Indiana disability applicants often ask Attorney Scott D. Lewis if receiving unemployment insurance benefits will be frowned upon by the Social Security Administration (SSA) when attempting to receive Social Security disability benefits. In his opinion, this "may" create a problem. He believes that when a disability claimant is collecting unemployment, but is applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the disability claimant is making two inconsistent statements. First, by collecting unemployment insurance benefits the person is saying that they are able to work. On the other hand, by applying for disability benefits the claimant is saying they are unable to work.

The SSA states that receiving unemployment insurance benefits do not preclude a person from receiving Social Security disability benefits. Although, the SSA goes on to add receiving unemployment benefits can be one of many factors considered in determining if an individual is disabled.

In Social Security Disability Attorney Scott D. Lewis' experience, Administrative Law Judges (ALJ's) often question his clients as to why they are making these too very different statements. Typically, the judge has the record of the disability claimant's earnings including unemployment at his or her fingertips during the hearing and may raise an eyebrow when confronted with this issue. One way to combat this potential disability dilemma is to attempt to amend the disability onset date to sometime after the unemployment payments have stopped. This may help the ALJ give you a favorable ruling in your appeal. In these tough economic times, a disability claimant can only hope an Indiana Administrative Law Judge may be sympathetic in that many individuals feel they may starve without these much needed unemployment funds.

In summary, while receiving unemployment benefits will not automatically disqualify a disability claimant from receiving Social Security disability benefits, it may be used to find your Social Security disability benefits claim denied. In Scott D. Lewis' law practice, he finds it helpful if the client keeps him advised as to any compensation they may be receiving while their claim is pending in order to adequately provide good legal representation.

If you are unable to work due to a disability such as multiple sclerosis, heart problems, bipolar disorder or any other impairment and need the advice of a Social Security Disability Lawyer contact the law office of Scott D. Lewis today for a free consultation at (317) 423-8888.

Can I get Social Security Disabilty Benefits If I have a Part-Time Job?

As an Indiana lawyer serving the Indianapolis & the surrounding area, Attorney Scott D. Lewis would never advise a Social Security disability claimant to not work if they are able to do so. In fact, many times he tells his disability appeals clients that they will not get rich by receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments and it is usually in the claimant's best interest to work if they are able. Often times, claimants may find it much more lucrative to work rather than not work and receive disability payments.

On the other hand, some Social Security disability appeals claimants find that they are able to work on a part-time basis. It is true, it may be alright to work as long as your earnings do not exceed the limit set by the Social Security Administration (SSA). This limit is called the Substantial Gainful Activity (SGA) amount. The monthly SGA amount may change each year.

It may be concerning to some claimants as to how this part-time work may be looked at by the adjudicators at the SSA. Many claimants wonder if the SSA will look at the part-time work and wonder if they are able to work more than part- time. Attorney Scott D. Lewis believes that this may a possibility. The SSA may believe the disability claimant can work more hours than he or she is currently working and the claimant is attempting to just stay under the SGA amount. The Social Security adjudicators may also believe the claimant is not seeking full-time work opportunities while remaining in a job setting that only offers part-time positions.

Attorney Scott D. Lewis has been present for Administrative Law Judge (ALJ) hearings where his disability claimant has been questioned extensively about a part-time job. Right or wrong, judges may think the claimant is not trying hard enough to maintain a full-time job.

With the lengthy waiting period to get to a hearing for your disability claim, many Indiana claimants find that they must work or lose their home or be unable to feed themselves. When faced with such limited options, many disability claimants resort to work activities that may result in an even more painful outcome.

In the end, it is ultimately the disability claimant's decision to work or not. Part-time work may raise eyebrows at the Social Security Administration, and may result in being questioned about your work activity. If you are considering filing for SSDI or SSI benefits and you have questions or need help on a pending claim, call Indianapolis Social Security Disability Lawyer Scott D. Lewis for a free consultation at (317) 423-8888. Attorney Scott Lewis handles disability claims ranging from mental disorders (such as depression and anxiety) to physical disorders (such as diabetes with neuropathy to degenerative disc decease) and nearly everything in between.  If you believe that you have a qualifying disability, complete the contact form on this page and Scott Lewis today!