Indiana Social Security Disability Lawyer Blog

Indiana Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits claimants often experience pain from their disability, but find it difficult to explain the level of pain to the Social Security Administration (SSA). It may be likely that pain interferes with the claimant's ability to work. So, how does a SSDI or SSI claimant prove to the SSA that the pain they experience limits their ability to working?

Indianapolis Social Security Disability Lawyer, Scott D. Lewis, has represented claimants that experience pain causing them to be unable to work.  In these cases, it is important to effectively prove to the SSA that this pain prevents the claimant from performing their job and any other job.  Since pain is subjective, it may be hard to describe.  Pain is not a visible condition which makes it even harder to prove.  It is essential to identify the physical location of the pain.  Attorney Scott Lewis may ask his clients to rate their level of pain on a scale from one to ten, one being minimal pain such as a mild headache and ten being excruciating pain so severe that the individual must go to the hospital.  It is important not to exaggerate your pain because it may destroy your credibility in front of an Administrative Law Judge (ALJ).  When alleging pain, it is important to be credible.  Claimants should be specific about the level of pain during certain times.  For example, if you have constant pain at a level 5 but the level increases when you vacuum the house to a level 10, then the claimant should describe this change when performing certain activities.  If there is something that specifically triggers your pain, this triggering activity should be described.  For example, if you experience pain in your back from walking or if you experience migraine headache pain from staring at the computer monitor, this needs to be explained to the SSA.  Remember, you want to describe the pain in as much detail as possible.  The claimant should use accurate and detailed adjectives when describing their pain.  Such details may include sharp, dull, throbbing, piercing, or shooting pain.  It may be constant pain or it may progress with certain activities. 

Attorney Scott Lewis advises his clients to accurately describe their pain to their treating physicians at all times.  When visiting your doctor, it is important to be honest about your pain.  When the doctor asks you how you are doing, it's not uncommon for patients to answer "fine" even though they are in pain.  Also, if the claimant's treating physician ask if they are in pain and the answer is a simple "yes," that response may not be adequate to help detail teh claimant's medical records.  These responses may be recorded on your medical records and this may not help you win your Social Security disability claim. 

If your treating physician has prescribed you medication for your pain, it may be beneficial to share how the medication helps with the pain that you experience.  In some cases, the medicine might only alleviate some of the pain.  If that is the case, the claimant should describe what the medication does not relieve. 

Most disability claimants find it to be helpful to keep daily logs of their experiences of chronic pain.  Keeping records may truly benefit in proving your disability claim.  Remember your goal.  Your ultimate goal is to effectively describe your chronic pain in your disability claim.  In summary, a claimant would want to include the following information in their daily log:

• Location of the pain on your body
• Very descriptive words identifying what the pain feels like (remember to use the scale to describe the level of the pain)
• Duration of the pain
• Frequency of the pain
• Any activities that trigger the pain
• Any effects the pain has on the claimant
• Medication effects

If you or someone you know is experiencing pain due to a disability, you may qualify for disability benefits.  Attorney Scott D. Lewis can assist you in getting the benefits you deserve.  If you have been denied Social Security disability benefits, contact Scott Lewis for a free consultation at (317) 423-8888.

Indiana Social Security disability claimants diagnosed with cancer, often find themselves being denied Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. As most cancer patients know, the typical reaction once diagnosed with cancer is the fear of dying. Many cancer patients undergo extensive treatment for their cancer. This treatment can include chemotherapy or radiation therapy. This treatment often causes side effects causing the patient pain and other unpleasant symptoms . As though this is not enough for a cancer patient to experience, it may not be a disabling condition that is guaranteed to receive disability benefits in the eyes of the Social Security Administration (SSA).

You may wonder what it would take for the Social Security Administration (SSA) to award a cancer patient disability benefits. To qualify for SSDI or SSI benefits, any disability must last or be expected to last for at least twelve consecutive months or the disability must expect to result in death. This includes claimants with cancer. Fortunately, some disability claimants respond to treatment and may not necessarily need the assistance of an experienced Social Security disability attorney.  To obtain Social Security disability benefits from the SSA, it is imperative to understand what the SSA will consider in determining your disability.

The SSA will consider to what extent the cancer is involved, frequency, duration and how responsive the disability claimant is to treatment.  In addition, the SSA will consider where the malignancy began (origin) and what effects post-therapeutic residuals have on the cancer patient. Social Security disability claimants filing an appeal might find it beneficial to consider the SSA's "Listing of Impairments" to determine if the cancer they experience is acknowledged by the SSA.  In the Listing of Impairments, Section 13.00 Malignant Neoplastic Diseases, you will find:

• Lung Cancer
• Leukemia
• Breast Cancer
• Cancer of the Head and Neck
• Sarcoma of the Skin or of the Soft Parts
• Malignant Melanoma
• Cancer of the Lymph Nodes or Thyroid Gland
• Carcinoma or Sarcoma of the Salivary Glands 
• Cancer of the Skeletal System (Exclusive of the Jaw)
• Cancer of the Mandible, Maxilla, Orbit, or Temporal Fossa
• Cancer of the Brain or Spinal Cord  
• Cancer of the Pleura or Mediastinum     
• Cancer of the Abdomen, Esophagus or Stomach  
• Cancer of the Small Intestine    
• Carcinoma or Sarcoma of the Large Intestine
• Cancer of the Liver, Gallbladder or of the Pancreas 
• Carcinoma of the Kidneys, Adrenal Glands, or Ureters
• Carcinoma of the Urinary Bladder, Prostate Gland or Cancer of the Testicles 
• Carcinoma or Sarcoma of the Uterus (Corpus or Cervix)
• Cancer of the Ovaries    
• Carcinoma or Sarcoma of the Uterine (Fallopian) Tubes, Penis or Vulva

Also of note, the SSA may consider other listings not contained in the list above to determine whether your disabling condition falls within another category of impairment.  If the SSA determines that your disability does not meet a listing or medically equal a listing, it is important to determine your residual functional capacity.  Remember, if your residual functional capacity does not allow you to engage in substantial gainful activity, you may be entitled to SSDI or SSI benefits. 

So what does a disability claimant do if they find that their diagnosis of cancer is not enough to receive disability benefits?   Let the the SSA know of any and all other disabing condition you experience.  The SSA will consider all of your impairments combined together to determine disability.  Your combination of impairments may be enough to win your disability claim.

We realize Indiana disability claimants feel as though they are in a maze of obstacles when attempting to get disability benefits for cancer.  You have a right to an attorney when fighting your disability appeal.  Indianapolis disability benefits lawyer, Scott D. Lewis, is happy to provide a free consultation and will attempt to clear up any problems you may experience when pursuing your disability claim.  Call (317) 423-8888 today!

Are you a Social Security disability claimant suffering from arthritis and have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Is your disabling condition preventing you from working but you've received an unfavorable decision from the Social Security Administration (SSA) regarding your disability claim?  Indiana disability claimants with arthritis often ask how they can win their disability claim after they have been denied.

It's important to understand how to get approved for Social Security disability benefits.  In all Social Security disability claims, the SSA will review the claimant's claim by using their 5 step sequential process.  In summary, these five steps include:

1. Is the claimant working?
2. Is the disability severe?
3. Is the claimants disability or condition in the SSA's listing of qualifying impairments?
4. Is the claimant able to do work that they previously performed?
5. Is the claimant able to perform any other type of work?

If you are a claimant with severe arthritis who is unable to work, you may qualify for SSDI or SSI benefits.  Arthritis is one of the leading disabilities for benefits.  Arthritis is included in the SSA's Listing of Impairments, Section 1.00, Musculoskeletal Disorder.  Some categories of this section include Inflammatory Arthritiis and Degenerative Arthritis. 

A claimant with Inflammatory Arthriits (such as Rheumatoid Arthritis) should experience persistent swelling, pain and limitations to the joints to qualify for Social Security disability benefits.  The limitations to the joints may include limitations to:

• hips;
• shoulders;
• knees;
• elbows;
• ankles;
• wrists; or
• hands.

A claimant with Degenerative Arthritis (such as Osteoarthritis) should safisfy the SSA's requirement if they are experiencing limitations with their arms and hands or if they have significant issues with walking or standing.  Individuals with neck or back problems due to their Degenerative Arthritis must have persistent sensory, motor & reflex loss in order to qualify for disability benefits.

It should be kept in mind that even though a claimant doesn't necessarily meet the criteria of the Listing of Impairments, that he/she may still qualify for disability benefits.  Indianapolis Social Security disability lawyer, Scott D. Lewis, can discuss your disability claim with you at (317) 423-8888.  Call Scott for your free consultation.

The quality of life Indiana residents experience can be greatly diminished by Degenerative Disc Disease. Due to chronic pain in the lower back, buttocks, thighs, hips, and legs may make it difficult to be gainfully employed. Disability claimants sometimes find themselves having extreme difficulty walking, standing, and even sitting for short periods of time. Other symptoms can include the inability to lift even light objects, experiencing pain when bending and twisting, and numbness and tingling in the extremities.

Does any of the above sound like things you experience on a daily basis?  If so, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Degenerative Disc Disease and other back impairments can be severe enough to limit your activities of daily living in such a way that you are simply unable to function in a way that you can be gainfully employed. So if you find yourself in this situation, you may ask what to do.

If you are financially able, it may be beneficial to see a physician, preferably a physician that specializes in this type of disorder. Get appropriate testing such as an MRI, and remember the Social Security Administration (SSA) considers whether you follow your physician's advice concerning treatment. Some treatments can include:

• physical therapy,
• anti-inflammatory medications,
• spinal injections, and 
• surgery.

Disabling back conditions and Degenerative Disc Disease are no secret to the SSA.  Many disability claimants' experience severe chronic back pain.  If your back impairment does not rise to the above stated levels, but you experience other phyical and mental impairments, the SSA may consider you disabled due to a combination of impairments. 

The above is not intended as medical advice, just a brief summary as to what an experienced Social Security Disability Appeals Attorney has come into contact with. If you have any questions regarding your Social Security disability claim or if you have been denied Social Security disability benefits, call Indianapolis Attorney Scott D. Lewis for a free consultation at (317) 423-8888.

How does the Social Security Administration evaluate back pain?  In order for an Indiana Social Security disability claimant to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the claimant may receive disability benefits by meeting the Social Security Administration's (SSA) criteria defined in the SSA's Listing of Impairments, Section 1.00 Musculoskeletal Disorders. Back pain may be due to injury, aging, accident or even may be the result of a medical disorder or condition such as scoliosis.  Regardless of the cause of the claimant's back pain, the pain may prevent the claimant from working.  If that is the case, the claimant may find it beneficial to meet the SSA's criteria in Section 1.04 Disorders of the Spine to be awarded SSDI or SSI benefits.   

Disorders of the spine include the following impairments:

• Degenerative disc disease
• Osteoarthritis
• Herniated nucleus pulposus
• Spinal stenosis
• Spinal arachnoiditis

In Indianapolis Social Security Disability Attorney Scott Lewis's experience, he finds that most claimants have difficulty obtaining SSDI or SSI benefits for chronic back pain at the initial stages of the claim.  Scott advises that if you have been denied disability benefits at the initial level or reconsideration level, to continue to pursue your claim.  Often, the claimant will have a higher chance of being awarded disability benefits when they appear in front of an Administrative Law Judge (ALJ) at a disability hearing.  Because back pain is so common among claimants, it is extremely important to have supportive medical documentation regarding your disorder. It's even more important to prove that your back pain is causing more than the mild to moderate discomfort that is common among everyone at some point.  The claimant should prove that their condition is severe and it prevents the claimant from performing simple jobs that require sitting. 

Some ALJ's may look for the following when reviewing your claim:

• MRI reports showing evidence of problems in your back (such as disk issues with nerve root impigment);
• Evidence tat the claimant's back problems cannot be corrected with surgery;
• The claimant has been referred to a pain managment physician; and
• The claimant has a solid work history.

If you are experiencing chronic back pain and you have been denied Social Security disability benefits, fight for what you deserve.  Just remember, to possibly win your claim, meeting the Listing of Impairment 1.00 Musculoskeletal Disorders may be helpful and proving that your disabling condition has limited your functional capacity for work. 

It should be noted, that if an individual does not meet the listing for Musculoskelatal Disorders, the disability claimant may find himself winning their claim due to decreased physical functional capacity. 

Call the law office of Scott D. Lewis, Attorney at Law, LLC at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

Does major depression keep you from getting and/or keeping a job? Many Indiana residents find themselves receiving a denial letter from the Social Security Administration (SSA) when attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Indianapolis Social Security Disability Attorney Scott Lewis has found that, at the hearing level, Social Security judges (also known as Administrative Law Judges) are looking for particular things before they will grant a favorable decision on such claims.

One of the first questions that a claimant may want to ask themselves is "Can I do a simple unskilled job, or do my depression symptoms keep me from doing this type of work?" If your depression prevents you from doing even simple unskilled jobs, you may be eligible for disability payments. In reality, it is not quite that easy because the SSA is going to want detailed medical information documenting your condition.

The best scenario to win your Social Security disability claim would be an ongoing relationship with a qualified health care provider. At the law office of Scott D. Lewis, Attorney at Law, LLC, Lawyer Scott Lewis finds that a psychiatrist or psychologist is usually the most helpful in these types of claims. If the health care providers have detailed descriptions of how your depression affects you in everyday life and prevents you from carrying out normal activities of daily living, this can greatly enhance your chances of receiving SSDI or SSI benefits.

One of the ways a claimant may win a Social Security disability case for depression is to meet the SSA's Listing of Impairment, 12.04 Affective Disorders. This listing deals with depression. Just a few items that the SSA may look for may include:

• Sleep disturbance
• Psychomotor agitation or retardation
• Anhedonia or pervasive loss of interest in almost all activities
• Hallucinations, delusions, or paranoid thinking
• Suicidal thoughts
• Concentration/thinking difficulty
• Decrease in energy

Another way of possibly winning a disability claim for depression may be proving that you have functional limitations that prevent you from working.  For example, you cannot be relied upon to perform a job when you have too many unexcused absences from your job due to depression or if you are taking unscheduled breaks at work to deal with your depression.  At the hearing level, many job or Vocational Experts (VE) will agree that a person with such limitations cannot perform jobs in the economy.

Finally, a claimant may find that they can receive a favorable outcome when the depression combined with other impairments prevents them from performing substantial gainful activity (SGA).  While the claimants depression may not raise to the level of severity as described in the listing of impairments, if combined with other disabilities, the SSA may consider you disabled.

In summary, Indiana Attorney Scott D. Lewis encourages his clients with depression to have a good relationship with their health care providers and fully describe how depression affects them so that their condition can be treated and clearly identified.  Contact Scott Lewis at (317) 423-8888 for a free consultation regarding your Social Security disability claim.

Crohn's disease is an ongoing disorder causing inflammation in the digestive tract (also known as gastrointestinal (GI) tract.) As Crohn's disease may affect any area of the GI tract, it most commonly affects the lower portion of the small intestines. The most common symptoms of Crohn's disease are abdominal pain and diahhrea. Some other symptoms include rectal bleeding, arthritis, weight loss, and skin problems. Because the symptoms of Crohn's disease are similar to other intestinal disorders, such as ulcerative colitis or irritable bowel syndrome (IBS), it may be difficult for doctors to diagnose. Unlike ulcerative colitis, Crohn's disease may cause inflammation to all layers of the intestine.

A person with Crohn's disease may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If you are an Indiana Social Security disability claimant with Crohn's disease, it's most likely necessary that you meet the Social Security Administration's criteria in order to qualify for disability benefits. The Social Security Administration (SSA) evaluates Crohn's disease in their "Listing of Impairments," Section 5.00 Digestive System; Section E. Claimants with Crohn's disease may qualify for Social Security disability benefits if he/she has the following:

• Persistent and recurrent intestinal obstruction causing abdominal pain, nausea, vomiting, etc.
• Persistent and recurrent systemic manifestations (such as iritis, arthritis, fever or liver dysfunction)
• Intermittent obstruction due to intractable abscess
• Body weight loss

Although it may be very difficult to get disability benefits for claimants with Crohn's disease, it's not impossible.  Claimant's that can prove their disability is severe may have better luck in getting approved for disability benefits.  It's important to have good medical evidence supporting your claim.  Many claims may be denied for claimants that are not following prescribed therapy for their Crohn's disease.  You must meet the SSA's criteria for Digestive disorders for at least 12 consecutive months or expected to last at a level of severity for 12 consecutive months.

If you would like to discuss your disability claim with an Indianapolis Social Security Disability Attorney, call Scott D. Lewis for a free consultation at (317) 423-8888.  Lawyer Scott Lewis can help you fight for the Social Security disability benefits that you deserve!

How does the Social Security Administration (SSA) evaluate a disability claim based on cardiovascular impairments or heart disease? 

Indiana claimants with heart disease or other cardiovascular impairments may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The SSA defines Cardiovascular Impairments in the Blue Book "Listing of Impairments," Section 4.00 Cardiovascular System.  According to the SSA, Cardiovascular Impairments are any congenital or acquired disorder that affects the circulatory system or the proper functioning of the heart.  The circulatory system includes the veins, arteries, capillaries, or the lymphatic drainage.  Heart impairments result from one or more of four consequences of heart disease:

1. Chronic heart failure,
2. Pain or discomfort due to myocardial ischemia,
3. Central cyanosis due to reduced oxygen in the arterial blood or pulmonary disease, or
4. Syncope (or near syncope) due to lack of cerebral perfusion from any cardiac cause.

When filing a Social Security disability claim for heart (cardiovascular) disorder, it is important to support your claim with sufficient documentation.  Supply the SSA with detailed history reports, physical examination records, laboratory testing results, and prescribed treatment or medication.  This medical documentation should allow the SSA to assess the severity and duration of your impairment. 

The SSA has categorized Cardiovascular System impairments in the Listing of Impairments.  Some examples of cardiovascular impairments that are defined on the SSA's website are:

• Chronic heart failure
• Ischemic heart disease
• Recurrent arrhythmias
• Symptomatic congenital heart disease
• Heart transplant
• Aneurysm of aorta or major branches
• Chronic venous insufficiency
• Peripheral arterial disease

Many individuals attempting to get Social Security disability for heart impairment(s) consult Indianapolis Attorney Scott D. Lewis about problems that they experience.  Many claimants have had heart attacks and other cardiovascular events that have rendered them unable to work.   Individuals with medical records showing stent placement, pacemakers, and other medical devices used to stabilize or improve the medical condition may still find themselves unable to secure gainful employment.  Some common problems affecting those with heart impairments may include but are not limited to shortness of breath and finding themselves tired throughout most of the day.  While these medical procedures may help in ensuring an improvement in heart function, many claimants seeking disability still experience problems in their activities of daily living. 

If your heart disorder prevents you from working, you may qualify for Social Security disability benefits.  Indiana Social Security Disability Attorney Scott D. Lewis offers a free consultation at (317) 423-8888.  Call now!

Many times Indiana residents suffering from chronic pain resulting from varying disabilities find themselves denied disability benefits.  They often state they simply cannot work because the pain they experience is so bad it affects concentration, the ability to stand, walk, or sit even for short periods of time.

Chronic pain resulting in the inability to perform any type of Substantial Gainful Activity (SGA) may result from many different disabling conditions such as back problems, fibromyalgia, and migraines, are only a short list of examples.  One of the problems with pain is that it is subjective, and only the claimant experiencing the pain can describe its disabling effects.  Often one person's pain threshold may be very different from another person's perception of chronic pain.

It is important for Indiana disability claimants to describe their chronic pain in detail.  Let the Social Security Administration know its limiting effects on your ability to perform activities of daily living and your inability to secure gainful employment.

The Social Security Administration (SSA) does recognize pain as a disabling condition, but relies on two specific court cases to establish that the pain must be so severe by itself, or combined with other impairments that the Social Security disability claimant cannot perform any substantial gainful employment.  With that being said, the SSA can sometimes be quick to dismiss a Social Security claimant's complaints of pain.  It seems that they can even make this denial with good medical source documents from qualified doctors who have adequately recorded the chronic pain the patient has experienced in the past and is now experiencing.

So what can you do?  See your doctor and explain to him or her in detail the pain you are experiencing.  Also explain to the SSA and your lawyer the pain you experience and how it effects you in everyday life.  Remember, good medical records can be key in obtaining Social Security disability benefits. 

Attorney Scott D. Lewis has experience with Indiana residents who suffer from chronic pain.  Contact Indianapolis Disability Lawyer Scott Lewis at (317) 423-8888 for a free consultation.

Indiana residents that suffer from diabetes may qualify for Social Security disability benefits.   Indianapolis Social Security Disability Attorney Scott D. Lewis has experience in representing claimants with diabetes.  As specified in the Social Security Administration's (SSA) Listing of Impairments, Section 9.0, Endocrine System, a claimant may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for diabetes if the claimant meets SSA's required criteria. 

In order to meet the listing and qualify for SSDI or SSI benefits for diabetes, the claimant must prove a diagnosis of diabetes mellitus with the following:

• Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities;
• Acidosis occurring at least on the average of once every 2 months documented by blood chemical test;  or
• Diabetic retinopathy (significant loss of visual acuity or loss of peripheral vision).

Even though diabetes is a serious medical condition, it is not uncommon to be denied Social Security disability benefits for this impairment alone.  Many times individuals seeking disability can receive a favorable ruling due to a combination of impairments if the diabetes alone does not arise to the listing level. 

Indianapolis Social Security Disability Lawyer Scott Lewis often finds that his clients suffering from diabetes mellitus are also experience neuropathy.  Clients with neuropathy often complain of numbness & tingling in their feet creating difficulty standing for even short periods and numbness & tingling in their hands that can sometimes result in the inability to grasp and hold items.  Most occupations require the use of your hands for even unskilled labor, an Administrative Law Judge (ALJ) may find that there is no gainful activity that can be performed.  The inability to stand for even a short period may limit the disability claimant to sedentary work.  Sedentary work may not be attainable by certain disability claimants based on their age, education level, and prior work experience. 

If you find that you are experiencing a disabling condition such as diabetes mellitus or any other condition, call Scott Lewis at (317) 423-8888 for a free consultation. 

Indiana residents may qualify for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits if they are "legally blind"  According to the Social Security Administration (SSA), "legally blind" is defined as if the claimant's vision cannot be corrected to better than 20/200 in their better eye, or if their visual field is 20 degrees or less in their better eye. 

Some claimants may not meet the legal definition of blindness but may still qualify for disability benefits if their vision problems either alone or combined with other health issues prevents them from being employed.  In order to get SSDI benefits, the claimant must have worked long enough to accrue eligibility for these benefits. 

On the other hand, a claimant may be entitled to SSI payments based on disability and blindness, even though they have not worked, but their income and resources are under certain dollar and/or resource limits.

Even though you are blind, you may continue to work and receive Social Security disability benefits as long as your income remains under the Substantial Gainful Activity (SGA) amount set by the SSA.  Due to the Cost of Living Adjustment (COLA) not being increased in 2010, the SGA amount for blind claimants cannot exceed $1,640 per month in 2010 as it was in 2009.  Information on current SGA amount appear in the Federal Register at 74fed.reg.55614 (October 28, 2009). 

It is always important to remember that an individual with a visual impairment that does not  qualify in itself for disability benefits, may find that their visual impairment combined with any other severe physical and/or mental impairments may entitle them to Social Security disability benefits.  It is beneficial in your disability claim to attain visual acuity tests from qualified medical professionals to substantiate your Social Security benefits claim. 

Indianapolis Social Security Disability Attorney Scott D. Lewis may be able to help you with your claim.  For a free consultation, call (317) 423-8888.

Many Indiana residents attempting to receiveSocial Security disability benefits are confused about what the Social Security Administration (SSA) calls a "durational requirement". 

A durational requirement refers to a time qualification that must be met in order to receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.  A claimant's disability must be expected to result in death or be expected to last twelve consecutive months or longer to qualify for benefits. 

Indiana residents should not confuse the durational requirement with how long they must wait in order to file a Social Security Disability claim. You should file a claim immediately when you become disabled.   Some people are concerned that they will need to wait 12 months before the SSA will find them disabled.  On the contrary, you may be found disabled if your condition is expected to last for 12 months or longer.  If there is a question of duration, it might be advisable for a claimant to get a medical statement that their condition is disabling and that it is expected to last at least 12 months and furnish this information to the SSA.

So remember, while you may presently be disabled, the SSA concentrated on this durational requirement as one of the factors to determine your ability to receive Social Security disability benefits. 

Indianapolis Social Security Disability Attorney Scott D. Lewis can assist your with your claim.  For a free consultation, call Scott at (317) 423-8888 immediately.

Chronic Obstructive Pulmonary Disease (COPD) can be recognized as a severe disability by the Social Security Administration (SSA) and an Administrative Law Judge (ALJ).  Indiana residents experiencing a severe lung impairment can attempt to receive Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits by filing an initial claim. 

Chronic obstructive pulmonary disease (COPD) is listed under the Social Security Administration's medical Listing of Impairments known as Respiratory System (Listing 3.02). Impairments caused by COPD disorders generally produce irreversible loss of pulmonary function due to: 

• gas exchange abnormalities,
• ventilatory impairments, or
• a combination of both.

The most common symptoms include:

• coughing
• wheezing
• sputum production (phlegm)
• dyspnea on exertion (shortness of breath)
• hemoptysis (coughing up blood)
• chest pain

Because the above symptoms are common symptoms among other diseases, it will be necessary to have a thorough medical examination, medical history and chest x-rays or other imaging tests in order to establish COPD .  It may even be required for more sophisticated pulmonary function testing to determine if gas exchange abnormalities contribute to the severity of a respiratory impairment. The severity of the impairment may be determined by further evaluation.  Additional testing might include measurement of diffusing capacity of the lungs for carbon monoxide or resting arterial blood gases.

If you find yourself unable to work due to a breathing impairment, it is important to seek medical attention, take appropriate medications, and keep detailed records when attempting to obtain Social Security disability benefits. 

If you have any questions regarding obtaining Social Security disability benefits for Chronic Obstructive Pulmonary Disease or any other impairment, contact Indianapolis Social Security Disability Attorney Scott D. Lewis at (317) 423-8888 for a free consultation. 

Those classified as mentally retarded can sometimes find themselves with their claim for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits denied. 

Although some of these claims may be initially denied, the Social Security Administration (SSA) does acknowledge the disabling effects of mental retardation in its listing of impairments.  Listing 12.05 Mental Retardation of the SSA's Listing of Impairments considers the dependence upon others for personal needs, IQ scores, other impairments that may impose additional and significant work related limitations, and other marked difficulties and restrictions.

When evaluating the severity of Mental Retardation, an Administrative Law Judge (ALJ) can look at the mental residual functional capacity of the claimant.  Mental residual functional capacity is a person's ability to perform work or work-related activities given their mental limitations. The SSA may find that activities of daily living in mentally retarded individuals are severely affected.  Social Security Disability Attorney Scott Lewis finds perseverance in these types of cases can often be beneficial.  While an individual may not fit SSA listing 12.05 exactly, adequate medical records and an understanding Administrative Law Judge can lead to a favorable result for these claimants.

If you would like more information regarding qualifying disabilities and impairments, contact Indianapolis Attorney Scott D. Lewis for a free consultation at (317) 423-8888. 

Indiana Social Security Claimants attempting to get disability benefits for mental impairments should be aware of the criteria the Social Security Administration (SSA) may look at when evaluating their claim.  The SSA evaluation of a disability on the basis of a mental disorder is based on the following:

1. Documentation of a medically determinable impairment(s);
2. Degree of limitation that the impairment(s) may have on the claimant's ability to work; and
3. The determination of whether these limitations have lasted or are expected to last for a continuous period of at least 12 months.

The following categories of mental disorders are described more in depth on the SSA's website:

• Organic mental disorders: described as psychological or behavioral abnormalities associated with a dysfunction of the brain
• Schizophrenic, paranoid and other psychotic disorders
• Affective disorders: characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome
• Bipolar disorder
• Depression
• Mental retardation
• Anxiety-related disorders
• Somatoform disorders:  defined as physical symptoms for which there are no demonstrable organic findings or known physiological mechanisms;
• Personality disorders
• Substance addiction disorders
• Autistic disorder
• Other pervasive developmental disorders

Contact Indiana Social Security Disability Attorney Scott D. Lewis for questions regarding Social Security Disability and Mental Impairments.  For a free consultation, call 317-423-8888.