November 11, 2012

Diabetes and Winning Your Social Security Disability Claim

Practicing Social Security Disability law in Indianapolis has opened my eyes to how many people suffer from diabetes.  Many of my clients suffer from several different disabling conditions at the same time, and more often than not, diabetes is on their list.  At your disability hearing in front of the Administrative Law Judge (ALJ),  the judge is required to consider all of your severe impairments when determining whether you are disabled.  Therefore, it is very important to let your attorney or representative know if diabetes contributes to your inability to work.  I talk to my clients extensively about how diabetes keeps them from working so I can better understand their limitations and present them to the judge.

Diabetes mellitus (or simply diabetes) occurs when a person's blood glucose level, commonly called "blood sugar," is unacceptably high, usually due to poor insulin production in the body.  Diabetes is labelled as "type I" or "type II".  The symptoms of diabetes can include:

  • Frequent urination
  • Numbness and tingling in the hands and feet
  • Fatigue
  • Blurred vision
In my practice, the most common reason my diabetic clients find themselves unable to work is the tingling or burning known as neuropathy in their hands and feet.  They also suffer other symptoms that keep them from working when they are unable to control their diabetes with medication or insulin.  In my experience as a disability lawyer, the inability to stand and walk can greatly reduce the number and types of jobs a person can perform.  Many of my clients with neuropathy or swelling in their legs and feet cannot sit for very long without pain, and they are required to elevate their legs to relieve that pain.  These limitations reduce their "physical residual functional capacity" - the types of activities they are physically able to perform once their disabling conditions are considered. If the Social Security Administration (SSA) finds that  your capacity to perform work-like activities is too low, it may find that you  cannot work.  The SSA must consider all of your symptoms from diabetes, including those that occur when your blood sugar is too low.

In my experience, most judges pay close attention to whether you are compliant with medical treatment and medications.  If the judge finds that your symptoms are the result of your failure to take your insulin as prescribed, she may find that your symptoms are preventable, and therefore not really keeping you from working.  Receiving consistent treatment from a physician who specializes in diabetes mellitus, and complying with that treatment, may be very beneficial in getting the benefits you deserve. 


October 30, 2012

SSI Benefits for Children With Learning Disabilities

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.

October 4, 2012

Social Security Disability Benefits and Strokes

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. 
October 1, 2012

Social Security Disability Benefits For Bipolar Disorder

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.
September 27, 2012

Autism and Child Social Security Disability Benefits

One of the most rewarding parts of my job as a disability lawyer is helping disabled children and their families get the benefits they deserve.  After hearing about the daily struggles  families face when they have disabled children, it is hard not to take a personal interest in their cases.  I believe a larger percentage of my practice is made up of Supplemental Security Insurance (SSI) claims involving children than in the practices of many of my fellow Social Security disability attorneys.  In fact, sometimes other attorneys refer children's cases to me because they simply do not handle children's disability claims.  I have noticed that more and more of my child clients have been diagnosed on the autism spectrum, and I have found that many of these cases have unique issues that must be addressed in order to enhance the chances of a favorable outcome.

The Social Security Administration (SSA) uses six "domains" of functioning to determine how a child's daily living is affected by the child's disability.  These domains are:

  • Acquiring and using information
  • Attending and completing tasks
  • Interacting and relating with others
  • Moving about and manipulating objects
  • Caring for yourself
  • Health and physical well-being.
A child is considered disabled if the child either has "marked" limitations in two of these domains, or "extreme" limitations in one of them. 

I have found that many autistic children have extreme limitations in interacting and relating with others.  Individuals with autism may have difficulty holding simple conversations with others, suffer from language difficulties, or repeat words or phrases (echolalia).  I have noticed many of these children do not have the ability to recognize the simple social cues most of us take for granted.  In my experience, most of these kids are smart, and I mean really smart, but their inability to interact and relate with others can interfere with their ability to function in a regular classroom setting.  Some of these children have Individual Education Programs (IEPs) to help structure classroom subjects in a more suitable way for them to learn.

Do I have a magic wand for helping all of these families win their Social Security disability claim?  No, but I do have experience in preparing cases to ensure that the Administrative Law Judge (ALJ) has all the information needed to understand how autism affects a child's functioning.  This information includes:

  • Complete school records showing the kinds of accommodations and assistance the child receives during the school day, as well as grade reports, teacher comments, and progress reports.
  • Good medical records from doctors, therapists, and any other treating provider stating a clear diagnosis, including progress notes that reveal the provider's professional observations and opinions.
  • Medical records related to any physical impairments for which the child receives treatment.
  • Medical source statements.  I strive to contact the medical professionals treating the child to obtain their written opinions, based on professional training and personal interaction with the child, about how the autistic child's symptoms and behaviors fit under Social Security's standards for disability. 

Please keep in mind that even if your child suffers from severe autism, you may not qualify for SSI if your household income and resources rise above a certain level because SSI is a needs-based program.  To find out if you qualify for Supplemental Security Income (SSI) for your autistic child, you should contact the SSA and file an initial application. 

September 18, 2012

Irritable Bowel Syndrome and Social Security Disability

In my practice I often represent individuals with bowel and urinary problems, and Irritable Bowel Syndrome (IBS) is no exception.  The symptoms my clients describe make me a real believer that they are unable to function in a work environment without accommodations that most employers are unwilling to make.  Some of my clients find it embarrassing to discuss their symptoms, so they do not provide the best testimony at their disability hearing.  I remind them that their hearings are confidential, and that no one outside of the hearing room will know what has been said.  Nonetheless, I understand their hesitancy to discuss these personal issues.

One key to winning at your Social Security disability hearing is to make sure that the administrative law judge (ALJ) understands the nature of your Irritable Bowel Syndrome symptoms.  The Social Security Administration (SSA) publishes a book called the "Listing of Impairments"  that attempts to clearly define the conditions the SSA recognizes as disabling. Although IBS is not specifically addressed in these listings, some of its symptoms are included under Listing 5.06 for Inflammatory Bowel Disease and under other listings in Section 5: Digestive System Impairments.  Even if your Irritable Bowel Syndrome does not meet or equal a listing under Section 5, your symptoms may be severe enough to interfere with your ability to do work-related activities.  These symptoms can include, but are not limited to:

  • Diarrhea that can be frequent and chronic
  • Constipation that can be frequent and chronic
  • Abdominal pain
  • Feeling of fullness or bloating
  • Gas
Many of my clients with this disabling condition complain of having to make countless trips to the bathroom each day and of having uncontrollable bowel movements or "accidents" on many occasions.  If you have frequent bowel accidents, it is important to inform your medical treating source about them and about any other symptoms you regularly experience so they can be documented in your medical records.  In my experience, it is also important to see an appropriate medical specialist, such as a gastroenterologist.  Medical records showing consistent care from a doctor who specializes in treating your disabling condition can be crucial to prove that your impairment is severe enough to be disabling.

If an Administrative Law Judge (ALJ) can be convinced that your IBS symptoms, such as needing frequent restroom breaks or having bowel accidents, require you to leave your workstation too often during a work day, the judge may conclude you simply cannot perform a full day of work and would be terminated from employment for being off task too often.  I have seen Vocational Experts (VE) testify at hearings that excessive bathroom breaks are not tolerated by employers.  Through my law practice I have come to understand how frustrating disabling conditions such as IBS can be to my clients, and I work hard to make sure the SSA knows the severe limitations my clients experience. 
September 10, 2012

Does The Social Security Administration Consider How Much Pain I Experience?

Yes, the Social Security Administration is supposed to consider your pain when deciding if you are disabled.  The pain you experience from standing, walking, pushing, pulling, lifting, and sitting may make it difficult, if not impossible, to perform substantial gainful activity.  Many of my clients are not able to focus or concentrate long enough to work because the pain is so severe.  If you do experience pain, it is important to regularly report the frequency and intensity of your pain to your physician.  The Administrative Law Judge (ALJ) may be skeptical about your complaints of pain if your medical records do not show that you have talked to your doctors about them.

Some of my clients suffering from physical disabilities tell me the pain they experience is simply too much to bear. They often enter an Indiana Social Security disability hearing prepared to let the ALJ know exactly what the pain is like on a day to day basis. As an attorney, I give my clients guidelines to help them explain their pain to the judge, and I urge them to be as truthful and straightforward as possible. Most of my clients listen to my advice, but sometimes, clients go into the courtroom and exaggerate their pain symptoms to an unbelievable degree.

Being honest about everything at your disability appeal hearing is very important, from explaining what you are physically able to do to describing the pain you experience. In most hearings, the judge or I ask the claimant to rate his pain on a scale from zero to ten, where a rating of zero is no pain, and a rating of ten is pain so severe that you have to go to the hospital. To my surprise, some individuals testify that their pain is at level ten on a daily basis. They usually say this after they have talked about the activities they do at home each day, and none of them talk about going to the hospital on a daily basis.  I do believe that some people may experience pain at a level ten and not be able to go to the hospital every time they do, but a judge is going to find it hard to believe that a person can experience pain that severe on a daily basis without being hospitalized regularly.

In my practice, I find that one of the best things I can provide to the ALJ to show that you are unable to work is a written statement from your doctor giving her professional opinion about the restrictions caused by your disabilities.  If your doctor says that you are restricted in sitting, standing, walking, or lifting, it can help show that you are unable to perform a full day of work activities.  Your doctor can also give his opinion about problems you may have pushing, pulling, and manipulating objects.  If your treating physician states that you would miss too many days of work each month due to your symptoms or your treatments, or that you are unable to work an eight hour day, or that you simply cannot work due to your disabling condition(s),  it may enhance your chances of winning your claim.

In summary, while good medical records can be the key to a successful outcome, I believe that your truthful testimony matters as well.  Be realistic about the pain you experience, and attempt to let the judge know the specific ways it impacts your life.  While the judge and I can look at MRI results and doctors' diagnoses, those records cannot adequately describe the pain you experience every day.  Your solid, credible testimony is the only way to let the judge know how your pain is disabling to you. 

September 5, 2012

What Happens To The Money In Children's SSI Cases?

I represent many families with children who have disabilities at the hearings level in Indiana.  I believe I handle more children's cases than many of my counterparts.  In fact, some attorneys tell me they simply will not take children's disability claims at all. Children's disabilities can vary greatly, and the mental and physical problems caused by these health condition(s) can be devastating.  I often sit at the hearing and wonder, "When my client is awarded benefits, who is going to manage the money, and how will the money be used?"

In children's Supplemental Security Income (SSI) cases it is important to first understand Social Security's income and resource restrictions.  If a family makes too much money, or if the family's assets such as its vehicles, house, or bank accounts are worth too much, that family probably will not qualify for SSI benefits.  A family that does qualify for SSI is most likely struggling quite a bit to pay for for medical expenses, rent, food, and clothing.  Once a child is awarded SSI benefits, the family is eager to find out what types of expenses can be paid with SSI benefits, and who will be responsible for spending the money.  The Social Security Administration (SSA) has guidelines as to how those monies should be spent and who will do the spending. 

First, most minor children are required to have a representative payee who will manage their SSI payments.  The representative payee is required to:

  • Use the payments to meet the needs of the beneficiary (i.e., the child)
  • Save any money left over
  • Report any changes
  • Keep good records
  • Help the beneficiary get medical treatment
  • Notify SSA of changes in payee's circumstances
  • Complete accounting reports regarding the use of funds
  • Return any monies beneficiary is not entitled to

Now the big question - what can SSI payments be used for?  The Social Security Administration states that the uses for these payments should be:

  • Food
  • Clothing
  • Shelter
  • Utilities
  • Dental and medical care
  • Personal comfort items
  • Reasonably foreseeable needs

The representative payee is required to use the funds in the best interest of the beneficiary.  I have heard from some parents of the children I have represented that the SSA has been keeping a closer eye on how the child's benefits are being spent.  Although representative payees have some discretion in managing a child's payments, I always hope the representative payees are dong the right thing and spending the money on the needs of the child in a responsible way. 



June 12, 2012

Being Honest At Your Indiana Disability Hearing

Most of us have certain subjects that we are not comfortable talking about.  Sometimes at a Social Security disability hearing, you will be asked questions that make you uneasy.  Those questions can range from details of your personal life to symptoms of your medical condition, and everything else in between.  Indianapolis attorney Scott D. Lewis encourages each of his clients to be honest with the Judge during the hearing.  Your answers at your hearing may have a huge impact on the outcome of your case.

Your credibility may impact the Judge's decision about whether your conditions are disabling.  While you may have numerous medical tests diagnosing various severe conditions, tests in general cannot show the severity of the pain you experience.  To understand the severity of your pain, the Administrative Law Judge will often rely on your testimony about the type and degree of pain you feel.  Different people have varying levels of pain tolerance, and you are the only one who can explain to the Judge how your pain affects you.

It is important for claimants to realize that their medical records contain more information than medical diagnoses and treatment histories. For instance, your doctor often records information about your daily activities, such as whether you have been on vacation, working in your garden, or riding a bicycle.  So imagine that you are in your hearing and the judge asks you a personal question, and you think that an honest answer will lead the judge to believe that you are not disabled.  You may think the best thing to do is to give a dishonest answer so as not to jeopardize your case.  You may not realize, however, that the Judge already knows the answer to the question he is asking you because he has read about it in your medical records, and the reason he is asking the question is to find out whether you will tell the truth.  If you are willing to tell the truth even when it is not to your benefit, the Judge will be much more likely to believe you later when you tell him about the severity of your pain and the limits it places upon your abilities.  On the other hand, if you lie when you respond to the Judge's initial questions, and then later in the hearing you tell him that your pain is so bad that it brings you to your knees, don't be surprised if he raises his eyebrows at your testimony.

gavel.jpgIn some disability claims, the medical evidence is not persuasive enough by itself, and the outcome may rest on what you say at your hearing.  If you are honest when you answer the Judge's questions, you will not have to worry about explaining inconsistent answers.  Your hearing is held in private, and the answers you give at your hearing are being solicited solely to determine your disabling conditions.

Scott Lewis is an experienced Social Security disability attorney and has represented many of his Indiana neighbors.  Mr. Lewis handles claims for a wide variety of disabling conditions including cancer, depression, stroke, heart conditions, and diabetes, to name a few.  You can contact Mr. Lewis and his helpful staff by calling (317) 423-8888 for your free case evaluation.
December 24, 2011

Anemia and Indiana Social Security Disability Claims

question marks.jpgIf you or someone you know is suffering from anemia and is unable to work due to this disabling condition, you may be entitled to Social Security disability benefits. Indianapolis Social Security Disability Attorney Scott Lewis has experience in representing individuals with disabilities throughout the state of Indiana. If you find that you have a physical or mental condition that is preventing you from working, you may be entitled to Social Security Disability Insurance (SSDI) benefits and/or Supplemental Security Income (SSI) benefits. 

Individuals who suffer from anemia have a lower than normal red blood cell count. Anemia can be caused by a variety of things that include but are not limited to; poor diet, pregnancy, kidney failure and problems with bone marrow. While individuals may experience different symptoms from anemia, some common symptoms can include: fatigue, chest pain, dizziness, and problems concentrating. 

The Social Security Administration (SSA) does recognize anemia as a disabling condition. Anemia is addressed in Social Security's Listing of Impairments under listing 7.00 hematological disorders. In Indianapolis disability attorney Scott Lewis' experience, good supportive medical evidence of a diagnosis of anemia may be the key to proving an individual equals or meets the listing for anemia.

If you find you are struggling with your Social Security disability claim and are frustrated by the Social Security disability claims process, you can contact Indiana disability lawyer Scott Lewis for a free case evaluation. Mr. Lewis has experience with varying disabilities including but not limited to; mental retardation, emphysema, diabetes, and schizophrenia. If you would like a free case evaluation, call (317) 423-8888 today!
December 22, 2011

Arthritis and Indiana Social Security Disability Insurance

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Every day in my practice, I talk to people whose disabilities affect them in many different ways.  My clients who suffer from arthritis usually have pain all over their bodies, and that pain keeps them from being able to function in their daily lives.  My clients' complaints include pain in their hands and fingers, in their backs, in their joints, and in parts of their bodies they injured a long time ago.   If you have arthritis, you may have difficulty holding a cup, picking up coins, or buttoning your shirt.  You may also have pain that keeps you from being able to sit, stand, or walk for extended periods of time.  If you are unable to perform these basic activities, you likely are unable to do many of the tasks required in order to obtain and maintain full-time employment.  Therefore, the Social Security Administration (SSA) does recognize arthritis as a disabling condition, and it may be in your best interest to apply for disability benefits if your arthritis keeps you from being able to work.

"Arthritis" is a broad term for inflammation of the joints, usually because the cartilage in that joint has broken down.   However, there are many types of arthritis.  Osteoarthritis is the most common type of arthritis, but there are other types of arthritis caused by autoimmune disorders, broken bones, or infection.  Regardless of the cause, people with arthritis usually suffer from symptoms including, but not limited to:

  • Joint pain
  • Joint swelling
  • Impaired movement of the joint
  • Joint stiffness

The SSA has a Listing of Impairments in which it describes specific diagnoses, findings, and symptoms for conditions it deems to be disabling.  Two sections of the Listings address arthritis: Listing 1.02: Major Dysfunction of a Joint; and the various listings under 14.00: Immune System Disorders, including 14.02: Systemic Lupus Erhthematosus, 14.04: Systemic Sclerosis, and 14.09: Inflammatory Arthritis.  In order to be found disabled under the Listings, your medical records must show that you meet or equal the criteria set out in an individual listing.

Even if you do not meet one of Social Security's Listings, you may still be found disabled if your arthritis symptoms keep you from being able to perform work.  During the application process, you will have the opportunity to explain to the SSA how your pain and decreased mobility keep you from being able to do normal daily activities, but you will also need to have medical records to back up your statements.  Social Security will look at x-rays, MRIs, and doctors' notes.  They will also consider the medications you are taking, treatment you have received, and any surgeries or procedures you have had.  In representing my clients, I have found that statements from your treating physicians regarding your symptoms and physical limitations can be very helpful in proving to Social Security that you are disabled.  Those statements are even more helpful when they come from specialists, such as orthopedists or rheumatologists, who have been treating you on a regular basis.  Good medical records can be the key to winning a Social Security disability claim.

December 22, 2011

At My Indiana Social Security Disability Hearing The Judge Said I Need A Representative Payee, What Does That Mean?

At times Indiana Social Security disability appeals claimants are instructed at their hearings that the Administrative Law Judge (ALJ) is going to recommend a representative payee.  Individuals not accustomed to the terms commonly used at Social Security disability hearings may wonder what the ALJ is talking about and what effect it may have on them.  Indianapolis Social Security disability lawyers like Scott D. Lewis many times find themselves explaining to their clients what transpired in the court room and what the meanings of particular words are.

If you were at your Social Security disability hearing and the ALJ recommended that you bedollar sign.jpg assigned a representative payee there can be a few reasons why this has happened.  In disability attorney Scott Lewis' experience the main reason a representative payee is recommended is that the ALJ believes you are unable to manage your own funds.  Many times this may be due to a mental condition that makes it difficult for the Social Security disability recipient to take care of their own money. 

While the individual receiving benefits may be able to designate someone as their representative payee, if the Social Security Administration does not approve of that individual, the SSA may appoint someone entirely different.  The Social Security Administration (SSA) usually looks to family and friends to be assigned as an individual's representative payee.  If family and friends are not available the SSA may look to various organizations to help in this capacity.

If you have been denied Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits you can contact Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  Mr. Lewis has experience with Social Security disability appeals and understands what Indiana residents are going through.  Call (317) 423-8888 and talk to Mr Lewis and his staff and receive your free consultation.   
December 22, 2011

Lupus and Indiana Social Security Disability Appeals

Indiana residents suffering from Lupus can find themselves unable to work, but at the same time denied the Social Security disability benefits they are due.  Indiana Social Security disability attorney Scott Lewis has helped individuals diagnosed with Lupus receive their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits .  If you are experiencing symptoms from Lupus that are preventing you from working it may be time to file an application for Social Security disability benefits.

handicap parking.jpgLupus is an autoimmune disease that can take a toll on various body parts.  Lupus can result in swelling and inflammation effecting joints, skin, the heart, kidneys, and various other body parts.  Many individuals suffering from Lupus complain of pain and various other symptoms.  While the exact cause or causes of Lupus are still unknown, many physicians believe it may be a combination of environmental and genetic factors. 

The Social Security Administration (SSA) does acknowledge Lupus in its Listing of Impairments under Listing 14.00 Immune System Disorders.  Not all individuals may meet or equal a listing to receive Social Security disability benefits.  If you do not meet a listing, you may have such a reduced physical residual functional capacity that you are unable to work a full time job and this could entitle you to benefits.  At times, an individual's inability to sit, stand, walk, and lift may be so diminished due to the effects of Lupus that they are simply unable to work.  Pain may also be taken into account when the Social Security Administration is assessing your inability to work. 

If you find the symptoms of Lupus or any other disabling condition is preventing you from working you may be entitled to Social Security disability benefits.  Scott D. Lewis is an experienced disability lawyer and handles a wide variety of disabling conditions including cancer, diabetes, heart disease, irritable bowel syndrome, and depression just to name a few.  Mr. Lewis and his staff provide a free case evaluation by calling (317) 423-8888. 
December 20, 2011

Indianapolis Social Security Disability Attorney Scott Lewis Comments on Possible New Hearing Policy

There have been some recent reports of a possible Office of Disability and Review (ODAR) policy regarding the non-disclosure of the Administrative Law Judge (ALJ) presiding over your pending hearing until the date of the hearing.  Indianapolis disability attorney Scott D. Lewis believes that this type of "blindfolding" attorneys and their clients can only make the disability process even more frustrating and slow. 

Why could this potentially be a problem?  Experienced Social Security disability attorneys like Scott Lewis represent individuals numerous times in front of the same Administrative Law Judge and become accustomed to exactly what that particular Judge is looking for at the hearing.  To help create and ensure judicial efficiency, Mr. Lewis attempts to prepare his cases in a manner for particular Judges that will cut right to the main issues that particular Judge may focus on.  While most of Mr. Lewis' case files are prepared in a similar fashion, there are times that when Mr. Lewis knows a certain Judge has been assigned to a claim, Mr. Lewis focuses on certain documents he knows a Judge will closely analyze.

Why is this happening?  The only reason put forth thus far is that attorneys are "shopping" Judges.  When a video hearing is scheduled, the representative or claimant has the ability to deny such a hearing and request to be in front of an Administrative Law Judge in person.  Without pointing fingers, one could argue while certain attorneys are shopping Judges, we must also consider why there is a particular item no one wants to buy.  It could be asserted that this is a two way street. 

In the end who gets hurt?  Mr. Lewis believes good prepared qualified attorneys and Judges and above all claimants will find this decision only muddies the waters on a long drawn out and  sometimes confusing process.  Indianapolis Social Security disability attorney Scott Lewis believes preparation is one of the keys to a successful Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim.  If you have questions concerning your disability claim, contact Mr. Lewis and his staff today for your free case evaluation at (317) 423-8888.
December 19, 2011

Asperger's Syndrome And Filing An Indiana Social Security Disability Claim

question mark computer.jpgBelieve it or not even individuals suffering from severe Asperger's Syndrome can find themselves denied their disability benefits from the Social Security Administration (SSA).  Indianapolis Social Security disability attorney Scott D. Lewis has experience with this type of claim, and often finds himself talking to families shaking their heads wondering why they have been denied.  Many valid initial claims are denied by the SSA, but the reality is that many of theses same claims are found favorable further in the appeals process.

Asperger's Syndrome can range widely in its severity.  While one individual may suffer from very mild symptoms another individual may be very severe.  Asperger's Syndrome may be hard to detect in very young children, but many times symptoms are noticed as children enter kindergarten and start interacting with their peers.  The symptoms of Asperger's Syndrome may vary from individual to individual but some common symptoms can include but are not limited to:

  • Problems with social interaction.  This usually includes the inability to identify social cues. 
  • Unusual facial expressions and may attempt to avoid eye contact.
  • Heightened sensitivity to textures, tastes, sounds, and light.
  • Repeating words in a formal manner, and also may talk excessively about one subject.
  • Some individuals may find a change or routine very disturbing.
In Indianapolis disability attorney Scott Lewis' experience some individuals symptoms suffering from Asperger's Syndrome may not be easily detected in a brief interaction.  It is usually very apparent after an individual spends some time with the person and then understands these symptoms are continuous.  When attempting to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits for Asperger's Syndrome good medical records are generally the key to a favorable outcome.  A long standing relationship with a psychiatrist or therapist with a clear diagnosis supported by treatment records may greatly enhance a claim being granted.  In cases involving children, school records including IEP's report cards, and teaches notes can help document the severity of the condition. 

IF you are having difficulty finding an attorney due to the fact it is a child's Social Security disability claim or are just frustrated with the claims process contact Mr. Lewis for a free case evaluation.  Indianapolis Social Security disability attorney Scott Lewis has represented and won claims for Asperger's Syndrome.  Call (317) 423-8888 and receive your free telephone consultation today!