Parkinson's Disease and Social Security Disability Benefits
Indiana individuals applying for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits may be surprised to find they have been denied benefits when they have a diagnosis of Parkinson's disease. Indianapolis Social Security disability attorney Scott D. Lewis does see individuals with this disorder turned down throughout the disability process and it could be for a variety of reasons. Some of the reasons can include, but are not limited to:
- The Social Security Administration (SSA) simply made an error in denying the claim. Perhaps they were unable to obtain critical evidence documenting your disabling condition. In Indianapolis disability lawyer Scott Lewis' experience, this scenario can be very common. When Mr. Lewis prepares for a case, he strives to ensure all of these crucial medical findings are submitted to the Indiana Social Security Administration. Also, Mr. Lewis attempts to get your physicians to fill out forms verifying how your disabling condition fits the Social Security Administration's requirements.
- It could be that the SSA has determined your condition is not severe enough. To meet the severity level for Parkinson's disease (or known as Parkinsonian Syndrome) by the SSA you must meet or be equal to Listing 11.06 in its Listing of impairments.
If your condition does not meet the above referenced listing, does your physical or mental residual functional capacity prevent you from working? In other words, because of the Parkinson's disease are you are limited in the areas of standing, walking, sitting, lifting, and concentrating among other areas preventing you from performing substantial gainful activity (SGA). Other factors such as your age, education, and prior work experience may also be important factors in a finding of disability.
Also, it should go without saying but it is important if you are able to work or exactly how much you are able to work. The above information may be meaningless if you are currently working and making over a certain amount of income determined by the Social Security Administration.
What should you do if you are unable to work and have been denied Indiana Social Security disability benefits and you have Parkinson's disease? If you have a valid claim, you should appeal your denial and move forward in the Social Security disability process. Remember, there are time constraints in filing your Social Security disability appeals paperwork.
Indiana disability lawyer Scott Lewis consistently talks with clients who have many questions and he offers a free case evaluation. If you have questions about your disability claim regarding Parkinson's disease or any other neurological impairment such as epilepsy, stroke, brain tumors, multiple sclerosis, cerebral palsy, muscular dystrophy, or brain trauma you can contact Indianapolis disability attorney Scott Lewis to discuss your claim by calling (317) 423-8888. Mr. Lewis looks forward to speaking with you about your Social Security disability claim.
Feeling lucky? Sometimes an Indiana disability appeal claimant will ask Indianapolis disability attorney Scott Lewis if he/she can select a judge to hear their Social Security disability appeal. His answer is "No, you pretty much get who you are assigned." What does that mean to you?
Social Security disability lawyers (or representatives) representing Social Security disability claimants in Indiana may help their Indiana neighbors in the disability claims process from the very beginning to the very end if the claimant wishes so. Some disability claimants feel they do not need representation at the initial stages of filing a disability claim. While others may have questions from "A to Z " and may be confused by paperwork they have never seen before. As a Social Security disability claimant, it is your right to have representation! Whether you exercise this right to representation or not, some claimants find it comforting in just knowing that help is out there for you if you want it.
A Vocational Expert (also know as a Job Expert) may testify at an Indiana Social Security disability hearing that some individuals with a very low mental capacity may be unable to perform even simple routine repetitive tasks. This could be due to the fact that they cannot remember simple directions and would need reminded of the work process too often by a supervisor to maintain employment. Also, if an Administrative Law Judge (ALJ) decides a person may need a job coach to maintain employment, this may be the key for an individual to find themselves with a favorable ruling at the conclusion of a Social Security disability hearing.
You may be surprised how often
While some job experts may say there are jobs that exist for individuals dragging around an oxygen tank, most qualified job experts also believe it would be much harder for one of these individuals to be hired when compared to an individual who is not on oxygen. In Indianapolis Social Security attorney Scott Lewis' experience many ALJ's find individuals disabled when they are on oxygen 24 hours a day, 7 days a week. even when there is no evidence that they meet a listing.
Radiculopathy is a condition that is recognized by the Social Security Administration (SSA) as a disabling condition under the SSA's Listing of Impairment's Spinal Disorders. If you are considering applying for Social Security disability benefits, the first step is to look through the SSA's "Listing of Impairments" to see if you have a qualifying disability. The SSA publishes these listings as a resource for those looking to receive Social Security disability benefits. These listing are used by the SSA to decide whether or not a claimant's disability meets the Social Security Administration's standards for disability and whether the disability claimant should be awarded or denied disability benefits. Radiculopathy is defined under listing 1.04 Disorders of the Spine, Section A. Carefully evaluate this listing and discuss with your physician about whether or not he/she feels as though you meet or equal the criteria to be found disabled. Indiana Social Security disability attorney Scott D. Lewis often sends his client's physicians a list of questions in hopes that they will complete these questionnaires in such a way as to show the client does indeed meet the listing, making it easier for Social Security to find the claimant disabled.
If you are one of the lucky few, the Administrative Law Judge (ALJ) may make a bench decision. After a judge hears testimony, if he/she believes the claimant is disabled, he/she can make a fully favorable bench decision. In Indianapolis disability attorney Scott Lewis' experience a bench decision can speed up the time it takes in processing a disability claim. The Administrative Law Judge usually reads into the record his/her reasons for granting the disability claim. Some judges make bench decisions on a routine basis when granting claims, while other judges rarely, if ever, use bench decisions. So what happens if you are not a lucky recipient of a bench decision? You shouldn't think you have lost your disability claim because there are other ways judges decide disability claims.
What kind of Social Security disability attorney would Scott Lewis consider best for him? An individual that takes pride in his/her work product, an attorney with an open line of communication when necessary with his/her clients, an attorney that attempts to keep well maintained files, and an attorney that is prepared for your hearing and strives to receive favorable results.
Applying for disability benefits online is convenient and fast. Although applying online has it's advantages, it may have some disadvantages. Unless you have a family or friend assisting you with the online application, you are completing it on your own. Some disability claimants struggle with this process. In addition, some claimants are not sure which disability program they would qualify for and should complete an application for. If the claimant meets with a Social Security representative, he/she would assist the claimant with making this decision. In addition, the SSA representative would assist in reading the questions on the application and ensure that the applicant completes all necessary forms. Indiana disability attorney Scott Lewis recommends that if you are uncertain, visiting or contacting the SSA could be the best option when filing an Indiana Social Security disability claim.
Indianapolis Social Security attorney Scott Lewis believes a good attorney will let his clients know what questions will be asked at an Indiana Social Security hearing. Mr. Lewis believes a simple yes or no answer is not always the best answer. When it comes to pain for instance you may want to answer with what the pain feels like, how often you feel it, and if anything relieves the pain. A simple "yes" I have pain in my back may not be sufficient.
Some Indiana disability claimants may wonder if the disabling condition they are experiencing is common or if it is some obscure condition no one has ever heard of.
So exactly how long does it take to get your disability hearing in Indiana? It depends on a variety of factors. The Indianapolis Office or Disability Adjudication and Review (ODAR) is currently one of the more lengthy waits if your hearing is in Indiana. There are other hearing offices throughout the state of Indiana that are quicker to get you your day in court. Can you pick where you have your hearing? No, it is assigned a location depending on where you reside.
s clients experience such as extreme fatigue, shortness of breath, chest pain, and the inability to stay on task just to name a few. Many individuals find they cannot complete a full work day due to this disability and if they do they are simply unable to return to the workplace the next day due to exhaustion and/or pain. It can be very important to let your treating physician know the serious symptoms you are experiencing in order to win your Social Security disability claim.