October 7, 2011

GAF Scores and Your Social Security Disability Claim

number.jpgIf you are applying for Social Security disability benefits or are appealing a denied Social Security disability benefits claim in Indiana and you are confused by what's going on, you may not be alone.  Indianapolis disability lawyer Scott Lewis talks to potential disability clients on a frequent basis about the complex issues that arise during a disability claim.  There may be words that are difficult to understand or abbreviations that are hard to figure out in the disability process.  If you are suffering from a mental disorder and your psychiatrist or therapist talks about a "GAF" score you may wonder exactly what they are referring to. 

A Global Assessment of Functioning (GAF) score is a number used to rate individuals social, occupational, and psychological functioning.  The numbers range from 0 to 100 and are generally classified in the following way:

  • 91 -100 Superior range of functioning in a wide range of activities.
  • 81 - 90  Absent of minimal symptoms.
  • 71 - 80  If symptoms are present they are transient and expectable reactions to psychosocial stressors.
  • 61 -70  Some mild symptoms.
  • 51-60  Moderate symptoms.
  • 41-50  Serious symptoms.
  • 31- 40  Some impairments in reality testing or communication.
  • 21 - 30  Behavior is considerably influenced by delusions or hallucinations.
  • 11 -20  Some danger of hurting self or others.
  • 1 - 10  Persistent danger of hurting self or others.

It is important to note that the above is only a general framework defining GAF scores, and more information can be obtained describing each category in more detail.  Indianapolis Social Security disability attorney Scott Lewis urges his clients to seek the care of a qualified mental health professional to assess your mental impairments.  GAF scores can be used by the Social Security Administration (SSA) in determining the severity of your mental condition.

Mr. Lewis attends numerous Social Security disability appeals hearings in Indiana and, at times, finds a medical expert at the hearing is very interested in knowing how high or low an individual's GAF score is.  If you are suffering from a mental disorder such as depression, bipolar disorder, schizophrenia, anxiety, or any other disabling condition, contact Mr. Lewis for your fee consultation.  Call (317) 423-8888 to discuss your case with Mr. Lewis and his staff.

October 5, 2011

Social Security Disability Lawyers in Indianapolis Can Represent You For Many Different Disabiling Conditions

question marks.jpgDid you know that the Social Security Administration (SSA) can look at all of your disabling conditions combined when making a disability determination?  Indiana disability attorney Scott Lewis tries to get his clients to disclose to him all of their conditions that have an impact on their ability to work.  After questioning his clients, many times Mr. Lewis finds that there are several conditions that when combined create a total picture showing his client is in fact disabled.

For instance, you may have had back surgery and are experiencing pain and/or discomfort that may be preventing you from working so; you have filed a Social Security disability claim.  Upon further review of your medical records, Mr. Lewis notices you are also suffering from depression, diabetes, and asthma.  If these other conditions are severe enough, it may be wise to include these conditions in an argument as to why you are unable to work.  While your back may keep you from being able to sit, stand, or walk for any length of time, your depression may make it difficult to concentrate on work related tasks, your diabetes may involve neuropathy causing numbness and tingling in your extremities, and your asthma may cause shortness of breath in certain circumstances.  So, by considering a combination of all of these impairments, it may be clear you are unable to maintain substantial gainful activity. 

Just stating that you have additional problems is probably not going to be good enough to win your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim.  Medical records from qualified treating medical professionals specializing in the area where your disability exists is usually the best supporting documentation to help prove your disability claim.  At times, general medical practitioners may work to help support your disability claim, but many times an Administrative Law Judge (ALJ) wants to examine records from a specialist in the area of the disabling condition you are claiming is keeping you from working.

Indianapolis Social Security disability attorney Scott D. Lewis and his staff can be reached at (317) 423-8888 to provide a free consultation to those individuals seeking SSDI or SSI benefits.  If you are experiencing a disabling condition that is keeping you from working, call today to speak with Mr. Lewis and his staff.

September 27, 2011

How Long is the Wait for a Social Security Disability Benefits Hearing?

clock.jpgIn the past couple of years, the Social Security Administration (SSA) had high hopes to improve the wait time for disabled individuals to get a hearing in front of an Administrative Law Judge (ALJ).  Because there was such a large number of backlogged disability appeals waiting to get a hearing date, the SSA's proposed goal was to improve the Social Security appeals system by hiring more ALJ's to hear cases, add more hearing centers, and implement technologies that would make it easier to process more hearings across the nation. With these intended plans, the SSA did not foresee the significant budget cuts that would later disrupt these proposed plans. Unfortunately, the backlog of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) appeals has not decreased; as a matter of fact, it appears that the number of disability appeals has grown since this initial plan.

In 2011, a study shows that a lack of resources, combined with an increased number of SSDI and SSI claims filed, may be having an impact on the wait time for a hearing. Statistically, the study showed that the number of appeals nationally still pending in the current year was 735,660.  In the 2010 fiscal year, the number of individuals waiting for a hearing was 705,367.  As you can see, there is a significant increase in applicants waiting for a hearing from last year.

Although there is an increase in the number of backlogged cases, the average wait period for an individual to get in front of an ALJ has decreased from 514 days in 2008 to 369 days in 2010. So regardless, the SSA has been able to improve the wait period from 2008 to 2010.

Unfortunately it is very difficult for a disabled individual to get a hearing scheduled faster than other disabled individuals.  Although, there may be measures that a disability claimant can take in order to increase their chances of being approved for benefits during the initial stages of the claims process, therefore avoiding the need for a lengthy disability appeal.

Some individuals may find it beneficial working with a qualified disability attorney during their initial stages of the claims process.  Statistically, individuals represented by a Social Security disability lawyer, or qualified representative, may help a disability applicant improve their chance of getting an approved Social Security disability claim. The initial application process takes an average of three to six months.  At the law office of Scott D. Lewis, Mr. Lewis and his staff assist disability claimants with filing their appeal after they have been denied.  It is important to provide the SSA with appropriate medical documentation supporting your disability claim.  Attorney Scott D. Lewis is an experienced disability lawyer who takes great pride in assisting individuals who are unable to work due to a disabling condition.  If you filed for disability benefits and you have been denied, contact Indianapolis Attorney Scott Lewis for a free consultation.  Don't be discouraged by the appeals process, appealing your denied claim just might get you what you deserve.  Call (317) 423-8888 today for your free case evaluation.

September 24, 2011

Leukemia and Indiana Social Security Disability Benefits

Are you an individual suffering from chronic or acute leukemia and cannot work because of this disease?  Leukemia is a type of cancer that affects more than 40,000 people per year.  Currently, there is no cure for leukemia. Leukemia occurs when blood cells in the bone marrow grow out of control.

Leukemia usually starts with some common symptoms such as:

  • prolonged bleeding,
  • bruising,
  • weakness,
  • weight loss, 
  • infections, or
  • pain & swelling in your joints.

The earlier leukemia is detected, the more likely it can be treated effectively.  This cancer is highly dangerous, but also highly treatable. Some treatments may include:

  • chemotherapy;
  • radiation therapy;
  • other kinds of drug therapy; and
  • stem cell transplants.

Being diagnosed with leukemia can possibly mean a major lifestyle change. Although treatments of these cancers are highly effective and can allow those individuals diagnosed with this cancer to still enjoy a good quality of life, they do not cure the cancer and often leave many side effects that may significantly reduce the quality of life for those who suffer from the disease.

If you have been diagnosed with leukemia and are unable to work because of it, you may qualify for Social Security disability benefits. The Social Security Administration's "Listing of Impairments" outlines the criteria that qualifies an individual with leukemia for disability benefits.

In order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you should provide the Social Security Administration (SSA) medical proof of your condition supported by doctor's exams, imaging technology, blood tests, etc. In addition, if this information also includes statements from your physician(s) asserting that you are unable to work because of your leukemia, it may be beneficial in winning your claim.

Indianapolis Social Security disability attorney Scott D. Lewis realizes that dealing with a diagnosis of cancer may be difficult enough, but dealing with financial problems because you can't work due to this diagnosis may make it that much more difficult to deal with. Individuals that find that they are unable to work due to leukemia are encouraged to apply for disability benefits.

If you decide to go through the disability application process, contact disability attorney Scott D. Lewis for a free case evaluation.  Mr. Lewis and his staff are knowledgeable about the disability claims process and are capable of assisting you throughout each step of the disability claims and appeals process.  Call (317) 423-8888 for your free consultation.

September 21, 2011

Why Does It Take So Long To Receive A Decision After Your Social Security Disability Hearing?

Indiana disability claimants who have endured a lengthy wait for their disability hearing should not be surprised to find themselves staring at their mailbox waiting for a decision to arrive.  Indianapolis Social Security disability attorney Scott Lewis receives many calls from his clients asking why it takes so long to find out whether or not they have won or lost their Social Security disability appeal.  Mr. Lewis understands it can be a frustrating wait when the bills are due and families are having a difficult time putting food on their tables.

There is always a possibility there is still work to do on your Social Security disability claim after you leave the courtroom.  Perhaps the Administrative Law Judge (ALJ) is not through reviewing your case.  All Judges conduct hearings differently and some take testimony first and then look deeper into the medical documentation to make a decision.  If there were no experts at your hearing, the Judge may want to ask questions regarding employment to a vocational expert after the hearing has concluded. On the other hand, some Administrative Law Judges have made a decision during the hearing or as soon as you walked out the door.   

slow.jpgThere can be other reasons for a lengthy wait. It may be a problem of too much workload put on Administrative Law Judges and their staff.  Considering the large number of claims that are backlogging the hearing offices, it would not be too far fetched to think they are having a difficult time keeping up.  Indianapolis disability lawyer Scott Lewis deals with numerous hearing offices and has noticed some offices are simply slower than others.  With that being said, there are certain judges that seem to work at break neck speed to get decisions out.  It is important to remember though that the Administrative Law Judge is not the only one that has a hand in getting the decision to the claimant.

So what can you do to speed up the process?  In Indianapolis disability attorney Scott Lewis' experience unless you are required to comply with another medical examination or submit additional medical documentation the judge has requested there is not much else you can do.  You can only hope the Judge in your claim is being thorough and making a fair decision based on the medical evidence and your testimony.

Scott Lewis is local Indianapolis disability attorney who strives to achieve the best outcomes for his Indiana disability clients.  Mr. Lewis offers a free case evaluation by calling (317) 423-8888.  If you have a disability that prevents you from working call Mr. Lewis and his staff for your free consultation.

September 20, 2011

Social Security Disability Benefits for Claimants Diagnosed with Hepatitis

social security card.jpgSome individuals diagnosed with chronic hepatitis are unable to work and find the need to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  The Social Security Administration (SSA) considers Hepatitis under Section 5.00, Digestive System in the "Listing of Impairments."  The specific listing for Hepatitis is found under Section 5.05 Chronic Liver Disease and to meet this listing for purposes of qualifying for disability benefits, your medical records must indicate one of the following:

  1. Esophageal, gastric, or ectopic varices with a documented history of massive hemorrhaging as a result; or
  2. Having had a shunt operation due to esophageal varices; or
  3. Pathologic fluid collection in the abdomen for three (3) months or more that has required removal of such fluid or hypoalbuminemia; or
  4. Hepatic Encephalopathy; or
  5. High levels (2.5 mg per 100 ml. or more) of bilirubin in the blood on repeat exams for at least three (3) months; or
  6. Confirmed diagnosis of chronic liver disease with ascites as mentioned in #3 above, or with serum bilirubin levels as mentioned in #5 above, or with inflammation of the liver or cellular death of tissue within the liver for at least three (3) months. This is demonstrated by a blood test showing abnormal prothrombin time (a measure of how long it takes blood to clot) as well as blood tests indicating abnormal levels of other liver enzymes.

Disability claimants must also have a medical diagnosis of Hepatitis which is supported by a liver biopsy in addition to documenting the above requirements.

Indiana individuals who are unable to meet this listing based on the above information, may still file for disability benefits in the form of a medical vocational allowance. You may be considered for this medical vocational allowance if your symptoms are severe enough that you are unable to function at work and your condition is not expected to improve for a period of not less than twelve (12) months, even with medical treatment.

If you are disabled because of Hepatitis that is so severe that it prevents you from working, you may be entitled to disability benefits. Individuals may benefit to work closely with their medical provider and a qualified Social Security disability lawyer or representative to obtain the appropriate medical documentation to support their disability claim in front of an Administrative Law Judge (ALJ).   

So remember, you may be able to win your SSDI or SSI claim even if you do not meet or equal the above mentioned criteria for individuals with chronic liver disease.  Social Security disability benefits amay be based upon an individual's residual functional capacity.  Therefore, if your hepatitis has prevented you from performing substantial gainful work activity for the past twelve months or you expect that it will prevent you from work activity for twelve months or more, your condition may be severe enough to be approved for disability benefits.

Indianapolis Social Security disability attorney Scott D. Lewis is an experienced lawyer who represents individuals with their SSDI or SSI claim.  Disability lawyer Scott Lewis offers a free case evaluation to individuals seeking disability benefits.  If you are disabled and would like a free consultation regarding your disability claim, call (317) 423-8888 to speak to Mr. Lewis or his staff.  Call today!

September 16, 2011

Indianapolis Disability Lawyers Can Help In Appealing Your Social Security Disabiltiy Claim

maze question mark.jpgAt times, the Social Security disability claims process can be frustrating and confusing.  Indiana disability attorney Scott Lewis talks to many clients about their concerns regarding the disability process.  Going through the difficult time of dealing with a disabling condition combined with the paperwork involved in a Social Security disability claim, may possibly create a very stressful situation.  Mr. Lewis strives to alleviate some of his clients worries by assisting them in the claims process.

The Social Security disability claims process has very distinct stages in obtaining an outcome for your claim.  These can include:

  •   Filing the initial claim application
  •   Filing a "Request for Reconsideration"
  •   Requesting a hearing in front of an Administrative Law Judge
  •   Appealing the Judge's decision to The Appeals Council

Obviously the first step in any claim is getting started.  Filing an initial claim can be done by visiting the Social Security Administration's website at www.ssa.gov or by calling their toll free number at (800) 772-1213, or by visiting a local SSA office.  Mr. Lewis often spends time with prospective clients during this initial stage addressing their concerns.

If your initial application is denied, the next stage in appealing your claim is to ask for a "Request for Reconsideration".  This is basically telling the Social Security Administration they have made a mistake in denying your claim and they need to take another look at it.  Unfortunately, the majority of these requests are denied again, but it is important not to give up at this point if you feel you have a valid claim.  Proceeding on in the next steps in appeals process may be in your best interest.

The next step, in what can turn out to be a lengthy process, is to request a hearing in front of an Administrative Law Judge (ALJ).  Statistically, studies show that your odds of winning your claim rise at this stage if you have a valid claim.  The setting is an informal hearing in which your testimony is considered in combination with your medical records.  Mr. Lewis spends the majority of his time preparing for and representing his Indiana neighbors at these hearings. 

If an Administrative Law Judge finds your claim unfavorable at the hearing level, you can appeal that decision to the Appeals Council.   Actions taken by the Appeals Council can include remanding the decision back to the hearing level, reversing the decision, or they may agree with the Judges previous decision. 

The above information is just a quick summary of the disability claims process and different claims may have different fact scenarios with different outcomes.  To an individual not familiar with the above process the services of an experienced Social Security disability attorney or representative may be helpful.  Indianapolis Social Security disability attorney Scott Lewis takes great pride in helping his clients through this process.  if you would like a free consultation contact Mr. Lewis and his staff at (317) 423-8888 today!

September 14, 2011

Social Security Disability Benefits and Your Education

school books.jpgThe Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability.  Indianapolis Social Security disability lawyer Scott Lewis often discusses with his Indiana neighbors just what these factors may include.  The Social Security Administration will consider a person's age, education, and work experience when analyzing a claim. 

Why does the Social Security Administration care about your education?  Believe it or not, the Social Security Administration does recognize that individuals with a lower education have less jobs in the national economy available to them.  This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have.  This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is are you able to work and to determine that the whole picture must be viewed to come up with an answer.

Many times at Indiana Social Security disability hearings, a vocational expert or "job expert" is present and has the duty of determining with your disabilities combined with your age, education, and prior work experience whether there are jobs that you can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Indianapolis disability attorney Scott Lewis handles claims with a wide range of disabling conditions such as diabetes with neuropathy, cancer, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Lewis at (317) 423-8888 for a free case evaluation.

September 9, 2011

Social Security Disability Attorney in Indianapolis and Disability Benefits for Affective Disorders

Indiana Social Security disability lawyer Scott D. Lewis is an experienced attorney who represents individuals with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. In his disability claims experience, he has represented individuals with a variety of disabling conditions.  Whether you suffer from a mental disorder or a physical disability, if you are unable to work due to this disabling condition or a combination of disabling conditions, you may qualify for SSDI or SSI benefits.

Attorney Scott D. Lewis often finds himself representing a disability claimant who suffers from an affective disorder.  An affective disorder is a disabling condition which is characterized by a disturbance of mood.  Mood is an emotion that generally involves depression or elation. In order to qualify for Social Security disability benefits for an affective disorder, an individual is required to suffer from an affective disorder considered severe.  The Social Security Administration (SSA) outlines the qualifying criteria in the "Listing of Impairments," Section 12.04 Affective Disorder.

In this listing, it states that a disability claimant must meet the criteria by proving that one of the following conditions is persistent (either continuous or intermittent):  

  1. Depressive syndrome characterized by at least four (4) of the following:
    a. Anhedonia or pervasive loss of interest in almost all activities; or
    b. Appetite disturbance with change in weight; or

c. Sleep disturbance; or

d. Psychomotor agitation or retardation; or

e. Decreased energy; or

f. Feelings of guilt or worthlessness; or

g. Difficulty concentrating or thinking; or

h. Thoughts of suicide; or

i. Hallucinations, delusions, or paranoid thinking; or

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

a. Hyperactivity; or

b. Pressure of speech; or

c. Flight of ideas; or

d. Inflated self-esteem; or

e. Decreased need for sleep; or

f. Easy distractibility; or

g. Involvement in activities that have a high probability of painful consequences which are not recognized; or

h. Hallucinations, delusions or paranoid thinking; or

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

Included in this listing, a person must suffer from one of the three items above and as a result, suffer from at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

If the individual does not meet the above criteria, he/she may still qualify if it is medically documented that he/she has a history of a chronic affective disorder for at least 2 years' and that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

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

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

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

As stated above, the criteria for this and other qualifying disabilities can be found on the Social Security Administration's website.  If you are suffering with an affective disorder and find it impossible to perform substantial gainful activity, contact Indianapolis Social Security disability lawyer Scott Lewis for a free consultation.  This free case evaluation is only a phone call away at (317) 423-8888.  Call today!

September 1, 2011

Indiana Social Security Disability Benefits for Tinnitus

1032418_childs_ear.jpgIndiana residents that experience tinnitus often wonder if they qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Depending on the severity of tinnitus, some individuals may qualify to receive disability benefits.  People with tinnitus may experience hearing a sound within their ear or head when there is no external physical sound present. Some individuals describe the sound as the following:

  • hissing,
  • chirping,
  • buzzing,
  • roaring, or
  • high-pitched ring.

Tinnitus is a very common problem that affects 10-17% of the general population. Approximately 44 million Americans experience tinnitus to some degree and is more prevalent in elderly people. Although some people find tinnitus is just a nuisance. Others may find it is a life-altering condition.

My tinnitus is so severe that is causes me to be unable to work; do I qualify for Social Security disability benefits?  Many individuals find their tinnitus so severe that it interferes with their ability to function daily activities including, but not limited to, work.  These individuals may qualify for SSDI or SSI benefits if he/she is able to prove the severity of the condition and how it affects their daily life.  The Social Security Administration (SSA) does mention under  their "Listing of Impairment" Section 2.00 Special Senses and Speech that tinnitus is part of vestibular disorders. 

At the law office of Scott D. Lewis, Indianapolis Social Security lawyer Scott Lewis has represented disability claimants with tinnitus.  In his experience, establishing and obtaining good medical records that support the claimant's disability claim may be key to winning your disability claim.  Individuals with tinnitus may benefit by continuing to visit their treating physician and maintaining treatment as prescribed by their physician.  Tinnitus combined with other disabling conditions may be considered in your disability claim.  Attorney Scott D. Lewis offers a free consultation to individuals seeking disability benefits from the Social Security Administration.  For your free case evaluation, contact Mr. Lewis at (317) 423-8888. 

August 30, 2011

Weight-Bearing Joint Disability and Social Security Disability Benefits

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

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

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

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

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

August 23, 2011

Neuropathy and Social Security Disability Benefits

Indiana Social Security disability claimants suffering from neuropathy may find themselves denied disability benefits in the early stages of the disability claims process. Indianapolis Social Security disability attorney Scott Lewis has represented numerous of his Indiana neighbors who are unable to work due to neuropathy. 

Peripheral neuropathy stems from changes to the peripheral nervous system.  Damage to the peripheral nervous system can result in interruption of  important communications needed in the body. In Indiana disability lawyer Scott Lewis' experience, the majority of his disability clients complain of numbness and/or tingling in their feet and/or hands.  Many individuals also report the inability to feel hot and cold sensations.  These are some more common symptoms and in severe cases the symptoms may become even more extreme.

There are numerous causes of neuropathy.  Some identifiable causes of neuropathy can include diabetes, auto immune diseases, and alcoholism, to name a few.  If you are experiencing neuropathy type symptoms you should consult a qualified physician to ensure you receive proper medical treatment.  It is reported even physicians may have a difficult time pinpointing the origin of neuropathy symptoms.  

If you find yourself unable to work due to peripheral neuropathy because you are unable to sit, stand, or walk for lengths of time you may be eligible for Social Security disability benefits.  You can contact Indianapolis disability attorney Scott Lewis and his staff for a free consultation.  If you have questions call (317) 423-8888 today!

August 19, 2011

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

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

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

  • General questions
  • Job related questions 
  • Medical questions

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

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

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

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

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

August 16, 2011

Digestive Disorders and Social Security Disability Claims

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

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

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

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

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

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

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

August 11, 2011

Affective Disorders and Indiana Social Security Disability Benefits

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

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

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

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

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

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

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

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

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

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

AND

B. Resulting in at least two of the following:

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

OR

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

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

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

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

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