Recently in Qualifying Disabilities and Impairments Category

May 2, 2013

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

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.


April 19, 2013

Carpal Tunnel Syndrome and Social Security Disability Benefits

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. 
April 15, 2013

Depression and Your Indiana Social Security Disability Hearing

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.


December 11, 2012

Depression and Your Indiana Social Security Disability Appeal

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. 
November 29, 2012

Social Security Disability Benefits For Back Pain

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.   

November 11, 2012

Diabetes and Winning Your Social Security Disability Claim

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

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

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

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


October 4, 2012

Social Security Disability Benefits and Strokes

I have represented many of my Indiana neighbors who have experienced strokes, and one thing is certain - none of them have been exactly alike.  Some of my clients experienced a wide variety of physical and mental impairments leading up to their strokes, while others seemed to be perfectly healthy until they experienced their strokes.  One thing they all had in common, though, was that having a stroke altered their lives in ways many of us may could never imagine.  As a Social Security disability attorney, I realize that the particular facts of each case always matter.  With that in mind, I collect medical documentation for each of my clients that will paint a clear picture of the symptoms that person experiences, and how it affects his daily life. 

As I mentioned before, a person may experience many different symptoms after a stroke, and the ability to recover from those symptoms can vary greatly from individual to individual as well.  Some of the symptoms include, but are not limited to:

  • Numbness, tingling, and weakness
  • Difficulty with speech
  • Problems with balance and walking
  • Cognitive problems 
  • Vision problems
  • Headaches

The Social Security Administration (SSA) does recognize stroke and the symptoms that accompany a stroke as disabling conditions.  In technical terms, a stroke is referred to as a cerebrovascular accident (CVA).  The SSA addresses stroke in its Listing of Impairments under listing 11.04: Central Nervous System Vascular Accident.  I have found that the SSA and most Administrative Law Judges (ALJs) consider these listings first when trying to determine whether a condition is disabling.  However, many times they fall back on a more generalized look at an individual's physical residual functional capacity to determine if she is disabled.  When the ALJ looks at your physical residual functional capacity, he is deciding whether the symptoms you experience after your stroke, such as your inability to walk or to manipulate small objects with your hands, prevent you from working a full time job.  Since the length of time it takes to recover from a stroke and the amount of permanent damage done by a stroke varies from person to person, the judge must consider the specific facts of each case.  If you have been receiving consistent treatment from a specialist, such as a neurologist, those medical records can be very beneficial.  They will show the types of treatments you have tried, whether you are making progress in your recovery, and whether your doctor thinks you have a good chance of recovery or not.  These records can be the key to a successful outcome in your disability claim.

Many of my clients who have suffered from strokes simply have no energy throughout the day, and they complain of problems concentrating or focusing.  Their speech may also cause major problems, because their strokes have diminished their ability to find words and to speak clearly.  All of them deserve to have their disability claims handled by someone who will pay close attention to the specific details of their cases, and who will address all the concerns that they and their families have as they navigate the disability process. 

The Social Security disability appeals process can be overwhelming, especially when you are dealing with adjusting to life after you have had a stroke.  It is important to remember that Social Security has strict deadlines you must meet while you are appealing your claim, and if you miss those deadlines it could cause months of delays and additional hardships.  I take great pride in helping individuals who suffer from disabling conditions, and I am glad to use my experience with Social Security disability appeals to strive for the best outcome possible. 
October 1, 2012

Social Security Disability Benefits For Bipolar Disorder

I receive numerous calls every week from Indiana residents telling me they have been denied disability benefits.  People suffering from bipolar disorder or other mental impairments make up a portion of those phone calls.  I cannot represent every potential disability client who calls my office, and there are several factors I have to consider before deciding to represent someone.  Some callers tell me they are bipolar, but they have never been diagnosed by a doctor and are not receiving any treatment.  Unfortunately, your belief that you have bipolar disorder is probably not going to be enough for the Social Security Administration (SSA) to find you disabled. Even if you experience the symptoms of  bipolar disorder,  the SSA is going to want documentation from treating sources to help prove your disability claim is valid.

I do understand the difficulty in finding appropriate treatment for mental illness.  If you do not have health care coverage, the cost to visit a therapist, see a psychiatrist, or pay for medication is unaffordable, even for people who are employed.    Fortunately, some hospitals and nonprofit organizations have programs to help people without funds obtain treatment for mental disorders.  I strongly encourage my clients to seek these programs out and do the best they can to get the care they need. 

Most of my clients receiving care for a mental disability see two different kinds of mental health professionals.  Usually the person who prescribes mental health medications is a psychiatrist.  The patient has periodic appointments with the psychiatrist, who assesses the patient's need for medications, prescribes the appropriate drugs, and monitors the patient's progress.  Another individual commonly seen by my clients is a therapist.  The patient often spends more time with a therapist than with a psychiatrist, usually in the form of group or individual counseling.  Most therapists document the individual's progress in treatment records that can be used to show the Social Security Administration how the claimant's mental impairments keep her from being able to live a normal life.

So what should you do if you have bipolar disorder and you are unable to obtain mental health treatment?  If you believe your mental condition prevents you from working, you should apply for disability benefits. Most likely, the SSA will send you for a consultative mental health examination.  If your condition is severe enough, the results of the exam might provide enough evidence for the SSA to find you disabled.  However, it is important to remember that an opinion from a doctor who has only examined you once, and who has never treated you before, is not very strong evidence of a mental impairment, and winning your claim will be a long shot. 

To summarize, I believe individuals who suffer from bipolar disorder and are unable to work can win their Social Security disability claims if they have good treatment records.  If you are denied after you apply for benefits, It is important not to give up, because many studies show that you are more likely to receive a favorable outcome on appeal than on your initial claim.  Many factors affect the probability of a favorable decision - I have found it can depend on which Administrative Law Judge hears your case.  Some judges are sympathetic to people with mental disorders, while other judges look upon them with a very skeptical eye.  Finally, it is important to keep track of the paperwork Social Security sends you, to keep all of your appointments, and to remember your deadlines for returning your paperwork.  Be persistent in appealing your claim so you will not be delayed in receiving the benefits you deserve.
September 27, 2012

Autism and Child Social Security Disability Benefits

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

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

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

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

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

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

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

September 18, 2012

Irritable Bowel Syndrome and Social Security Disability

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

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

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

If an Administrative Law Judge (ALJ) can be convinced that your IBS symptoms, such as needing frequent restroom breaks or having bowel accidents, require you to leave your workstation too often during a work day, the judge may conclude you simply cannot perform a full day of work and would be terminated from employment for being off task too often.  I have seen Vocational Experts (VE) testify at hearings that excessive bathroom breaks are not tolerated by employers.  Through my law practice I have come to understand how frustrating disabling conditions such as IBS can be to my clients, and I work hard to make sure the SSA knows the severe limitations my clients experience. 
December 24, 2011

Anemia and Indiana Social Security Disability Claims

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

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

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

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

Arthritis and Indiana Social Security Disability Insurance

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

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

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

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

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

December 22, 2011

Lupus and Indiana Social Security Disability Appeals

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

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

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

If you find the symptoms of Lupus or any other disabling condition is preventing you from working you may be entitled to Social Security disability benefits.  Scott D. Lewis is an experienced disability lawyer and handles a wide variety of disabling conditions including cancer, diabetes, heart disease, irritable bowel syndrome, and depression just to name a few.  Mr. Lewis and his staff provide a free case evaluation by calling (317) 423-8888. 
December 19, 2011

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

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

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

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

IF you are having difficulty finding an attorney due to the fact it is a child's Social Security disability claim or are just frustrated with the claims process contact Mr. Lewis for a free case evaluation.  Indianapolis Social Security disability attorney Scott Lewis has represented and won claims for Asperger's Syndrome.  Call (317) 423-8888 and receive your free telephone consultation today!
December 8, 2011

Breast Cancer and Your Indiana Social Security Disbility Claim

Scott D. Lewis is an experienced Indiana Social Security disability lawyer who represents individuals with a wide variety of disabling conditions and cancer is no exception.  If you or someone you know is struggling or cannot work with a disabling condition such as cancer it may be in their best interest to file for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. 

Individuals with advanced breast cancer or individuals undergoing treatment for breast cancer may find it difficult to maintain employment.  The Social Security Administration (SSA) recognizes cancer in its Listing of Impairments under Listing 13.00 Malignant Neoplastic Diseases. Specifically Listing 13.10 outlines breast cancer and details what is needed for an individual to meet this listing.   It is important for individuals attempting to receive Social Security disability to not only get proper medical testing to support their claim, but also see qualified medical professionals to document the progression and prognosis of the cancer.

When applying for Social Security disability it is important to remember there are not only medical qualifications that must be met, there are also financial and work related qualifications that may be crucial in a valid claim.  If you are frustrated by the disability process or simply have questions regarding the process you can contact Mr. Lewis for a free case evaluation.  Most questions can be answered over the phone and if you hire disability attorney Scott Lewis you pay nothing unless your claim is approved.  For your free consultation  contact Indianapolis Social Security disability attorney Scott Lewis and his staff at (317) 423-8888,