Indiana Social Security Disability Lawyer Blog

Irritable Bowel Syndrome (IBS) and obtaining Social Security Disability Benefits

2013-05-02T14:40:48Z

In my Indianapolis disability practice, I see an increasing number of people suffering from Irritable Bowel Syndrome (IBS) and other digestive impairments. One difficulty these clients experience when trying to convince the Social Security Administration (SSA) they are disabled is that they usually do not have any outward signs and symptoms. I represent hundreds of clients with many different impairments, and a good number of them require a cane, a walker, or even an oxygen tank. My clients with digestive issues, though, do not usually need any sort of assistive device. That being said, after working with clients who deal with IBS and other digestive issues, it is clear to me that their impairments keep them from being able to work a full-time job. Of course, it is always important to have good, solid, comprehensive medical records, including objective testing, doctor's statements confirming your disabling condition, and clinical descriptions of the symptoms that prevent you from working.

The SSA addresses digestive impairments in its Listing of Impairments under Listing 5.00: Digestive Disorders. These listings cover gastrointestinal hemorrhaging, chronic liver disease and liver transplantation, inflammatory bowel disease, short bowel syndrome, and weight loss due to digestive disorders. The listings contain specific symptoms and test results you must demonstrate to the SSA in order to be found disabled based on your medical records. If you review this listing but find that you do not experience all of the requirements of a listing, it does not mean that you are not disabled under the SSA's rules; it simply means that you will have to provide additional evidence to show that you are disabled. For example, a medical expert may review your records and determine that even though you do not precisely meet every requirement of a listing, your symptoms are sufficiently similar to those requirements that your impairment "equals" the listing. Further, even if none of the listings apply to your combination of impairments, the SSA will evaluate the extent to which your symptoms affect your physical and/or mental capabilities to perform work. In my experience as an Indiana Social Security disability attorney, I find that many of my clients do not meet or equal one of the listings, but instead have such a reduced capacity to perform job-like activities that they are considered disabled.

While the symptoms of IBS can vary, some of the more common symptoms include:

Abdominal pain and cramping
Excessive bowel movements
Diarrhea or constipation
Gas and bloating

Many of my clients with IBS complain of frequent bowel accidents; they must have immediate access to a restroom at all times, and they often wear adult diapers and keep a change of clothes with them whenever they leave their homes. The urgency and frequency of numerous bowel movements may make it difficult or impossible to hold down employment in a competitive work setting. Most Vocational Experts (VE) will testify at a hearing that an employee who requires frequent, unexpected restroom breaks will be "off-task" too much, and employers will not tolerate such a lack of productivity. I have found in many of my cases in front of Administrative Law Judges that this argument can be a very strong point in obtaining a favorable decision. I have won many cases involving Irritable Bowel Syndrome. If you have IBS and have been denied Social Security benefits, it may be in your best interest to appeal that decision as soon as possible.

The preceding is for your information only and is not intended as legal advice.

Filing Your Initial Social Security Disability Application

2013-04-25T18:24:28Z

I receive numerous telephone calls from my Indiana neighbors asking how to file an initial Social Security disability application. I typically recommend that they start the application process on their own, because most of the initial application involves providing information to the Social Security Administration (SSA) that only the claimant will know. It is usually easier to provide that information directly to the SSA rather than to go through an intermediary.

There are essentially three ways to file an initial claim:

Visit your local Social Security office. If you want to talk face to face with someone when you file your claim, this is your best option. One advantage to applying in person is that you can get answers to any questions you may have, and having a Social Security employee assist you with your application should help to ensure you are providing all of the information the SSA wants. On the other hand, if you go to the office without an appointment you may have to take a number and wait for a long time before finally being able to talk to a Social Security employee.
Call the toll free number. By calling 1-800-772-1213, you can talk to a Social Security employee who can answer your questions. Most likely, the employee will make an appointment for you to either visit your local office or complete a telephone interview to start the application process.
Visit the Social Security's website at www.ssa.gov. If you are comfortable using a computer, this is by far the most convenient option. At Social Security's website, you can complete your application online without having to make an appointment or spend time waiting at the local office. The website takes you step by step through the application form and the Adult Disability Report. Once you have completed all the steps, the website will instruct you to print some pages and mail them to your local office. Your local office will then contact you regarding the next steps of the initial application process.

Knowing how to apply, though, is only the beginning. There are a few things to remember while you are completing the initial application.

First, it is important to understand there are two distinct programs for disability benefits. Social Security Disability Insurance (SSDI) is a program for disabled workers who have "paid into the system" by having Social Security taxes deducted from their paychecks. These workers are only entitled to disability benefits if they have worked enough in the past ten years to build up enough work credits to qualify. Supplemental Security Income (SSI) is a program that does not require claimants to have work credits, but it does require them to meet certain income and resource limits. Otherwise, both programs use essentially the same criteria to determine whether a claimant is disabled. I generally tell my clients to apply for both programs; in the event they are eligible for one program but not the other, they have all their bases covered.

Additionally, one of the most important things to remember when you are filing an initial application is to provide thorough and detailed answers to the questions. The SSA will want to know all of the medical treatment you have received for your disabling condition as well as the names of all of your medications. They will need your medical providers' names, addresses, and telephone numbers, as well as the reason each one treated you and the dates of your appointments or treatments. They will also want to know the names of your medications, who prescribed them, and why you take each one. This information is critical to your claim, because the SSA will use it to request your medical records and determine your impairments. The only way the SSA will know which physicians you have seen and what medications you are taking is if you tell them, and the easier you make it for them to contact your doctors by providing addresses and phone numbers the better. To rely on the Social Security Administration to fill in the blanks regarding this critical data with only minimal input from you may be a big mistake.

In my experience as an Indiana disability lawyer, I believe you should not rely on the SSA to do all of the work in obtaining the information it needs to decide your case. Even though your case is very important to you, Social Security employees process numerous cases every day, and they have limited time and resources. By providing as much information as possible, you may be able to make their job easier and improve the chances that the SSA will have enough information to make a favorable decision. One of my main goals as an attorney is to submit documentation that makes it easier for the SSA to find my clients disabled.

The preceding is for your information only and is not intended as legal advice.

Pain and Your Social Security Disability Hearing

2013-04-22T13:16:48Z

I have found through many years of practicing disability law that each person's experience of pain is unique. I have noticed that some of my clients who have similar diagnoses and test results describe the nature and intensity of their pain very differently, and their pain affects each one's ability to complete daily activities to a different degree. I believe it is important when testifying at your Indiana disability hearing to be realistic about how your pain feels and how severe your pain is. The Administrative Law Judge (ALJ) at your hearing has access to your medical records and is aware of your diagnoses and test results; he will listen to your descriptions of your pain and try to decide if they are consistent with the information in your records.

Many times at hearings, the ALJ or your representative will give you a "pain scale" to rate the severity of the pain you experience. A typical pain scale will describe "0" as no pain at all and a "10" as pain so bad you have to go to the hospital. The ALJ will then ask you to assess your pain on a typical day after you have taken your prescribed medications. Even when my clients deal with severe pain every day, I tell them to think hard before telling the judge that they experience pain at a "10" on an average day, unless they really do go to the emergency room several times a week. If the ALJ thinks you are exaggerating your pain symptoms at your hearing, he might not believe other parts of your testimony, either. In my opinion, it is important to tell the truth at your hearing. These judges have presided over numerous hearings and have a lot of experience deciding whether people are being honest with them, and they factor that honesty into their decision-making process.

At your hearing, you will probably be asked how long you can sit, stand, and walk at a time. The ALJ needs this information because it helps him determine how much of a work day you could spend doing those things, given your disabling conditions. If you are asked, "How long can you stand up at a time before you have to sit down?" it is not very helpful to the judge if you respond, "Not very long," or "For a little while." I advise my clients to do their best to give a time estimate based on their daily activities. Think about how long you are able to stand in line at the store or how far you have to walk to get your mail, and how doing these things affects you. If you can give the judge a solid answer and explain why you chose that answer, in my experience it helps the judge get a clear picture of how your impairments limit you.

The preceding is not intended as legal advice and is provided based on my experiences as an Indianapolis Social Security disability attorney.

Carpal Tunnel Syndrome and Social Security Disability Benefits

2013-04-19T17:26:52Z

In my experience as an Indiana Social Security disability attorney, my clients who suffer from conditions that cause the loss or limited use of their upper extremities (i.e., their shoulders, arms, and/or hands) have great difficulty finding and maintaining employment. The Social Security Administration (SSA) generally recognizes that a person with this type of disability finds greatly reduced numbers of jobs available to them in the national and local economy. When I represent clients at Social Security disability hearings, Vocational Experts (VEs) often appear at the hearings to testify about the availability of jobs for people with specific limitations. If a claimant is found to be unable to use his dominant hand to perform its full range of movements, the VE usually testifies that there are few, if any, jobs available that will accommodate such limitations.

Carpal Tunnel Syndrome (CTS) may cause numbness, tingling, or burning in the fingers, thumb, and hand; sometimes these sensations are also present in the wrist. Some individuals with CTS experience pain when attempting to use their hands to perform even the simplest of tasks. While the cause of Carpal Tunnel Syndrome may not be known, it is believed that using or overusing one's hands in work-related situations may be a dominant factor in causing the symptoms. Many of my clients with Carpal Tunnel Syndrome have spent significant time performing occupations in which they used their hands extensively working on assembly lines, performing data entry, or using tools.

In my experience, some people get temporary relief from CTS with treatments including wearing splints and receiving injections, but they only seems to be short-term fixes. Some people require surgery to help alleviate the pain and numbness. This surgery, commonly known as a "carpal tunnel release," does work for some individuals, but many others have symptoms that persist even after they have surgery. I have found that the SSA and the Administrative Law Judges (ALJs) who preside at hearings want to know whether claimants with CTS have followed prescribed treatment. They tend to give more weight to the testimony of claimants whose symptoms have persisted in spite of faithful adherence to prescribed treatment than they give to claimants who persistently fail to follow their doctor's instructions.

I have found that the loss of fine manipulation abilities caused by CTS can leave people without the ability to write, type, work zippers on their clothes, tie their shoes, or fasten buttons. Since many jobs involve the frequent use of the workers' hands and fingers, these limitations decrease the work-like activities claimants can perform, and therefore erode the job base available to them. If you suffer from these limitations you are probably familiar with how hard it can be to complete even the simplest of tasks.

It is not enough, though, to simply explain to the SSA the difficulties you face in your daily activities. You need to be able to provide objective evidence, such as test results and doctors' diagnoses, to show that your symptoms are caused by a severe medical impairment. Comprehensive medical records showing that you have received long-term, consistent treatment and have followed your doctors' instructions can be the key to a successful outcome in your Social Security disability claim.

Please note that the foregoing is for your information only, and is not intended as legal advice.

Depression and Your Indiana Social Security Disability Hearing

2013-04-15T13:25:14Z

I represent my Indiana neighbors in hundreds of disability hearings each year, and find the diagnosis of depression in the majority of them. From my experience talking to these individuals, I understand how disabling depression can be and how it can prevent anyone from holding down a full-time job. When the Social Security Administration (SSA) analyzes your claim, it must consider all of the impairments you have, both physical and mental, alone and in combination. It is important, therefore, when you apply for benefits to let the SSA know about all of the problems that you have that affect your ability to work.

One of my biggest challenges representing people with depression comes when I have a client who is receiving all of her mental health diagnoses and treatment from her family physician. While your family doctor can make a diagnosis of depression and prescribe medications for it, she is not a mental health specialist. One factor an Administrative Law Judge (ALJ) considers when determining whether your depression is severe enough to keep you from being able to work is whether you are getting treatment from a specialist. If you have heart problems, most judges expect you to receive treatment from a cardiologist; if you have back problems they want to see records from an orthopedist. In the same way, if you have depression or another mental health impairment, most ALJs think that you should be receiving treatment from a psychiatrist and attending counseling with a psychologist, social worker, or other mental health professional. Your chances of winning your claim may be greatly enhanced if you are seeing a psychiatrist and therapist on a regular basis. When I represent a client with depression, I try to obtain statements from his psychiatrist or therapist to submit to the ALJ. A specialist can provide an expert analysis of the nature and severity of my client's symptoms and an authoritative opinion about how those symptoms keep my client from working. If you suffer from depression, I cannot emphasize enough the importance, in my experience as a disability lawyer, of being able to present evidence that you have been receiving long-term, regular treatment from a mental health specialist.

While symptoms vary for individuals suffering from depression, some of the more common symptoms can include:

Suicidal thoughts
Crying spells
Lack of concentration or focus
Sleep disturbance
Appetite disturbance
Lack of energy
Low self-esteem
Loss of interest in activities

The waiting time between your application for benefits and your hearing in front of an ALJ can be very lengthy. I understand it is hard to be patient when you and your family are struggling financially, and you may be tempted to give up. Remember, though, if the ALJ finds you disabled at your hearing, you may be entitled to the benefits you would have been receiving during that waiting time. If the judge does find you entitled to past-due benefits, you will typically receive that money as a lump sum payment. It is important to stick with your claim and not give up, because there are statistics that show your chances of winning your claim increase at the hearing level. As an Indianapolis disability lawyer I provide a free consultation to help you better understand the claims process. The preceding has been provided for your information only and does not constitute legal advice.

Is it a Good Idea To Continue My Social Security Disability Hearing?

2013-04-10T17:33:05Z

Sometimes it is necessary to think about continuing, or postponing, your disability hearing. As a disability attorney, I generally do not like to continue hearings. Because the Administrative Law Judges (ALJs) have such crowded schedules, we have to wait a long time to get to a hearing, and rescheduling a hearing often means even more months of waiting before we finally get in front of the judge. In my experience, most judges do not want to continue hearings either. They want to keep things moving along quickly once a case gets to the hearing level.

One reason an ALJ does not like to continue a Social Security disability hearing, especially on the day of the hearing, is because a lot of resources have been expended in preparing to hear the case. Many hearings include vocational and medical experts paid by the Social Security Administration who have reviewed the case file and are ready to testify that day. If the hearing is rescheduled, all of those experts will have to return to testify on another day.

Why, then, would a judge consider rescheduling a hearing? Oftentimes it is because the case file does not contain all of the claimant's medical records. Your medical records are a very important part of your case because they provide hard evidence of your diagnoses, symptoms, and prognosis. Without all of your records, the ALJ will not be able to get a complete picture of your medical conditions. If all of your records are not available in time for the hearing, though, the ALJ will often proceed with the hearing, taking your testimony and the testimony of any experts present. The judge will then hold the record open for a specific amount of time so that the additional medical documents can be furnished at a later date.

In my experience, a continuance is the best option if important medical records have not yet been submitted and a medical expert is scheduled to testify at your hearing. The medical expert's role at the hearing is to give his opinion about your impairments and your ability to work based on his review of your records. If he does not have all the records available to him, his opinion may not reflect all of your impairments and symptoms. In my office, one of the most important things we do is to make sure all of our clients' medical records have been submitted well in advance of their hearings. However, sometimes we aren't able to get them all submitted in time, perhaps because our client did not provide information to us in a timely manner or because the medical provider was uncooperative with our request for records.

Some ALJs do not have medical experts testify at the Social Security disability appeal hearing, and in my opinion it is not necessary to request a continuance of those hearings if all of the records are not submitted in time for the hearing. These judges feel they can make medical determinations about your impairments and limitations without the testimony of a medical expert. These judges use the hearing to take testimony from the claimant and the vocational expert, and then examine the medical records themselves to help them make a decision in the case.

Not having a complete medical file is not the only reason that may cause an ALJ to consider continuing a hearing, but in my experience as an Indiana disability attorney it is one of the most common reasons. What can you do to help make sure your hearing is not continued? Work closely with your attorney or representative to submit medical evidence in a timely fashion, and be as complete as possible when providing information about your medical providers. Please note that the foregoing has been provided for your information only and does not constitute legal advice. At the Law Office of Scott D. Lewis LLC my goal is to provide support, advice, and guidance to each of my clients as they navigate the long and sometimes confusing disability appeals process.

Indianapolis Social Security Disability Attorney Scott Lewis Is Back!

2013-03-18T18:52:44Z

After a bit of a break I am back to blogging. I enjoy sharing my experiences concerning the Social Security Administration (SSA) with prospective and current clients through my blog, but I must admit, going to hearings and preparing cases for hearings can be time consuming. So what has been happening since my last blog entry? The best news for disabled Indiana residents is that the waiting time for a hearing has been getting shorter. I have seen a noticeable difference in waiting times recently and wonder how long this current trend will last.

What does this mean for you? Depending on your financial situation, getting to a hearing even a few months sooner may be the difference between keeping your home or facing foreclosure, between having continuous access to health care or spending months without health insurance, or between obtaining monthly disability payments or completely depleting your life savings. On the other hand, you may be in such a desperate situation that having to wait any time at all for a Social Security disability decision is enough to bring you to financial ruin. So what can you do? I tell my clients to look for low or no-cost healthcare through local hospitals and clinics, seek help from their local government trustees, and ask their physicians to help them find programs that provide medications at cheaper rates, just to name a few.

These days, when I have clients who complain about their waiting time for a hearing, I find myself thinking how fortunate they are to only have to wait about a year to get a hearing. You heard me right - they are fortunate, compared to my clients from not long ago who typically had to wait nearly two years to get a hearing! Not only do the shorter wait times help our disabled clients get their benefits sooner, they also save those clients some money. The sooner a claimant receives benefits, the fewer months of past-due benefits Social Security will owe her. The fewer months Social Security pays, the smaller the total amount of back pay. Since Social Security attorney/representative fees amount to a percentage of the claimant's back pay, the smaller the total amount of back pay, the less money the claimant owes her attorney or representative.

When I represent clients, though, I am not worrying about the size of my fee. I am concerned about promptly responding to their questions and concerns, thoroughly developing their case record, building a solid theory of the case, and fully preparing them to testify at their hearings. Regardless of how much I get paid I spend about the same amount of time on every case. I represent my Indiana neighbors at hundreds of appeals hearings every year, and in every case my goal is to win the benefits they deserve regardless of the pay I receive. After all, Social Security disability law is my focus and I believe you deserve quality representation.

Depression and Your Indiana Social Security Disability Appeal

2012-12-11T19:04:28Z

Depression seems to rear its head in the majority of the claims I handle in front of the Social Security Administration (SSA). While some of my clients suffer from depression alone others may suffer from depression due to their physical disabilities. I am sure I am not alone when it comes to a large portion of my clients suffering from depression, in fact I am sure the Administrative Law Judges who preside over the hearings I attend routinely examine medical records with a diagnosis of depression. With this being a common thread I experience, just how do you win your disability claim when trying to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI)?

In my experience you need to take a long hard look at who you are getting psychological treatment from. If you are receiving treatment from a general practitioner you may want to rethink your medical options. The SSA usually wants you to be seeing someone who specializes in the disability you claim you have. In other words, a psychiatrist, psychologist, or a mental health therapist may be your best option when trying to prove you have symptoms of depression that are preventing you from working. A well documented course of ongoing therapy with detailed progress notes can go a long way in convincing a Judge you are disabled. Hospitalizations for mental illness can also show you are not getting better in spite of treatment and following prescribed medications. Sometimes I will sit in a hearing and listen to my client testify and think they are certainly clinically depressed by their testimony, but realize at the same time that their medical records are minimal and they have not been seeing a doctor that the SSA is going to recognize. The truth is you can be disabled and the SSA can get it wrong, that is why you need to help them by getting the correct treatment by qualified physicians.

The SSA acknowledges depression as a disabling condition in its listing of impairments under listing 12.04. Listing 12.04 outlines the symptoms you must experience in order to be disabled along with other pertinent information. In my experience with some Judges it can be as simple as equaling or meeting this listing with good comprehensive medical records, while other Judges will require the use of a medical expert at the hearing to agree or disagree with the documents in your claim file. These experts can be cross examined by you, an attorney, or representative. I have found that counting on the SSA to find you disabled without some type of proactive effort on your part can be a big mistake. You must remember if the SSA was going to find you disabled easily, your claim probably would not have been disapproved at earlier levels. A statement from your treating psychiatrist and/or therapist as to your diagnosis, symptoms, and limitations may be helpful in obtaining a favorable outcome. I usually attempt to get treating physicians to complete medical source statements indicating the severity of my clients physical and/or mental condition to help sway the decision to a favorable outcome.

With all the above being said you may still feel in the dark about the process. I understand this process can be confusing and frustrating. Laws and regulations are usually not written in a way an average person can understand, and those with less schooling may find it almost impossible to understand. The pay structure for hiring an attorney to help you with your claim can offset the challenges those without an income can face. I am paid on a contingency fee bases, which simply put means you do not pay me anything unless you receive benefits. I believe this levels the playing field as you do not have to enter the courtroom alone if an attorney agrees to handle your claim.

Getting Ready For Your Indiana Social Security Disability Hearing

2012-11-30T13:41:11Z

Are you nervous about your upcoming disability hearing? When I talk to my clients before their hearings, one of the most common things they talk about is how anxious they are. Many of them seem to be on the verge of an anxiety attack when they enter the hearing room. I attempt to prepare my clients for this big day by letting them know what the atmosphere of the hearing will be like, the types of questions they will be asked, and what they should talk about (or not talk about) when they answer those questions. I have seen some attorneys and representatives who do not prepare their clients for their hearings at all, or they do so in the waiting room right before the hearing. It is my practice to speak with each of my clients a day or two before the hearing; we have plenty of time to prepare, but it's close enough to the hearing that the client will remember everything we talked about. I usually spend between 45 minutes and an hour letting them know exactly what to expect at the hearing. Of course, no matter how well-prepared we are, hearings can take many unexpected turns and there can always be surprises. However, I know from experience how the majority of hearings are conducted and what issues are likely to arise, and I am able to explain to my clients what they should expect.

Fist, it is important to remember the hearing is supposed to be informal. In other words, most of the Administrative Law Judges do not follow strict trial rules and procedures. Does this mean you can talk out of turn and interrupt others at the hearing? No; you still must wait your turn and be respectful. Most judges give everyone an opportunity to talk, so I believe it is important to be patient until you are given the chance to speak. In my experience, judges aren't really interested in your financial distress or in the fact that your neighbor down the street receives Social Security disability benefits even though he has nothing wrong with him. The judge is focused on a single issue: how your disabling condition prevents you from working.

I have appeared at hearings in front of Administrative Law Judges from all over Indiana and the United States. When I prepare my clients for their hearings, I explain the three categories of questions asked by most of those judges:

General questions. These are usually the "easy" ones that you won't have to work too hard to answer. However, it is very important that you answer them truthfully, even if the answer is a little embarrassing. These questions include your name, age, height, weight, marital status, number of children, who lives with you, drug or alcohol use, and whether you have been arrested or incarcerated. The judge may ask other questions in this area depending on the facts in each individual case.
Job history questions. These questions are necessary because the Social Security Administration has to decide if you are able to perform your previous work with the disabilities you currently experience. In making this decision, the SSA may only consider jobs that (1) you performed during the last 15 years and (2) lasted over three months.
Questions concerning your physical and mental impairments. This is usually by far the most extensive line of questioning. These questions can include the names and specialties of the doctors you see; your diagnoses; any surgeries or procedures you've had; any pain you might experience; your limitations on sitting, standing, walking and lifting; how your disabling conditions contribute to your inability to work; and how your disabling conditions prevent you from performing activities of daily living such as cleaning, shopping, bathing, dressing, and other activities.

Does this list cover everything you can expect at your hearing? Probably not, because all hearings are unique depending on the circumstances. However, I have appeared at hundreds of hearings, and in my experience most hearings follow this outline. When I prepare my clients for a hearing, I'm not just helping them get ready; I'm making sure I am ready and have all the information I need to present a good case. I do not want surprises at the hearing; I want to know what my client is going to say and why they are saying it. In my opinion there can be good and bad ways to answer questions at your hearing, and a well thought-out explanation to the judge may help him better understand your disability claim.

Social Security Disability Benefits For Back Pain

2012-11-29T15:49:36Z

As an Indiana Social Security attorney, the majority of my clients suffer from back pain. I personally have occasionally experienced back pain that makes it hard to move around, and I sometimes wonder what my life would be like if the pain was present all of the time. I believe it would be difficult, if not impossible, to work a full time job if this was happening to me on a constant basis. I can sympathize with my clients when they describe their pain to me, but I also realize sympathy is not what they want. They want to be able to provide for themselves and their families when they are unable to work due to back problems. It is important for Social Security disability claimants to know there is a very specific way the Social Security Administration (SSA) looks at impairments involving the spine.

One of the first things the SSA looks at when examining claims involving the spine is whether or not the individual meets or equals a "Listing". The SSA publishes a set of guidelines that details what the SSA considers to be disabling conditions. Listing 1.00 covers the musculoskeletal system. Listing 1.04 specifically covers disorders of the spine, and in order to meet it you must have objective evidence (e.g., medical tests or imaging) of your impairment. MRIs can be of great importance when attempting to show you meet or equal this listing. You usually cannot depend on the SSA to send you for the appropriate testing and imaging; instead your own physician must conduct testing or refer you for testing that proves you have the required criteria. When I am trying to prove that a client meets or equals this listing, I send questionnaires to the treating physicians requesting they provide relevant details about the client's condition.

In my experience practicing this type of law in Indiana, most individuals do not meet or equal a listing. However, it is still possible to be found disabled without meeting the listing. Usually, to show that my clients are disabled due to back problems, I have to show that they have such a reduced physical capacity that they simply cannot perform the duties required to work a full time job. If you are unable to sit, stand, or walk for the lengths of time employers require from full-time employees, you may win your claim. The pain you experience from your back may also force you to lie down during the day. Vocational experts at hearings typically testify that (literally) laying down on the job is not tolerated by employers. Also, if your pain will keep you off-task or unable to perform your job duties for too much time during a workday, you may also be considered unemployable.

So what do you do if you are unable to work due to back pain? Apply as soon as possible. It is a common myth that you must wait twelve months after becoming disabled before you can apply for benefits - it's simply not true. To meet the "duration" requirement for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you only need to have a condition that has lasted or is expected to last twelve months. I have represented hundreds of clients and understand how confusing this process can be. I provide a free case evaluation and can answer most questions over the telephone.

Diabetes and Winning Your Social Security Disability Claim

2012-11-11T15:50:09Z

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.

SSI Benefits for Children With Learning Disabilities

2012-10-30T17:11:53Z

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.

Social Security Disability Benefits and Strokes

2012-10-04T15:09:03Z

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.

Social Security Disability Benefits For Bipolar Disorder

2012-10-01T16:00:02Z

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.

Autism and Child Social Security Disability Benefits

2012-09-27T14:57:56Z

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.