Indiana Social Security Disability Lawyer Blog

It is estimated that by the end of the year 2010 a little over 43,000 people will have been diagnosed with pancreatic cancer in the United States. Some of these people are Indiana residents wondering if they can receive social security disability benefits for this condition. Pancreatic cancer is in section 13.20 in the listing of impairments under malignant neoplastic diseases. As defined by The Mayo Clinic, Pancreatic Cancer is cancer of the organ that lies directly under your stomach. The pancreas releases enzymes that help digest food and hormones for your metabolism. Some symptoms of pancreatic cancer may include pain in your upper abdomen, jaundice, loss of appetite, weight loss, and clinical depression. No one knows for sure what causes pancreatic cancer but there may be some risk factors. These may include age over 60 years old, smoking, obesity, and African-American ethnicity. There are many different tests that a doctor may perform to determine if someone has pancreatic cancer. The most common is a biopsy, while an x-ray or a CT scan might also be used.

Indiana residents attempting to receive social security disability benefits from the social security administration may be interested in knowing the different stages of pancreatic cancer. There are four main stages of pancreatic cancer. Stage one is cancer in the pancreas only. Stage two is after the cancer has spread to nearby tissue and possibly the lymph nodes. Stage three is when the cancer has spread to the major surrounding blood vessels and the lymph nodes. Stage four is cancer that has spread to all surrounding organs and most of the abdomen. There are two main treatments for pancreatic cancer. The first is surgery. This is only possible if the cancer is in its early phases. This procedure involves removing the pancreatic head if the cancer has not spread any farther. If the cancer has spread farther than the pancreatic head, then chemotherapy may be the next best option. Chemotherapy is used because of the benefit of survival and it may improve the quality of life in general for the patient. The preceding information is intended as a summary of information from other sources, and is not intended to be used as medical or legal advice.

Continue reading "Indiana Residents Seeking Disability Benefits for Pancreatic Cancer" »

Emphysema affects 2 million Americans annually. People with this condition often wonder if they can receive social security disability benefits. The answer is yes, you may be able to receive social security disability benefits for emphysema and other lung conditions including asthma, cystic fibrosis, and lung cancer. Mayo Clinic defines emphysema as a condition that limits the amount of airflow when you breathe out. Some symptoms of emphysema might be shortness of breath and/or expansion of the chest caused by the trapped air in the lungs. The primary cause of emphysema is the smoking of cigarettes, but it can also be caused by an alpha 1-antitrypsin deficiency.

The diagnosis of emphysema will be confirmed by a pulmonary function test and most likely an x-ray. Emphysema is an irreversible degenerative disease. The only thing to do to slow the progression is to stop smoking and/or not breathing any other lung irritants in. Pulmonary rehabilitation can help improve the patient's quality of life and teach them how to manage their condition, but will not cure them. The only true cure for emphysema is a lung transplant but many of the patients are not strong enough to survive the surgery. This is due to the many drugs that emphysema patients are given to help the quality of life that cause damage to the other organs. The risk of infection is also very great with transplants because of the anti-rejection drugs that the patients must take. These drugs suppress the immune system therefore making infections deadly.

Continue reading "Social Security Disability Benefits for Indiana Residents With Emphysema" »

Many disability applicants wonder if they can receive disability benefits for panic disorders and agoraphobia. Those suffering from these disorders often find everyday life difficult to live. Agoraphobia is commonly known as an anxiety disorder revolving around fear. Agoraphobia can be fear of public places, fear of large crowds, or the presence of people in general. At its simplest definition it is the fear of experiencing anxiety or panic attacks in public places. Many agoraphobics most often have attacks when they feel insecure or trapped.

The cause of agoraphobia is still unknown but women are more often diagnosed with it than men. People that abuse alcohol and other drugs also have an increased risk more than people that do not. The onset of agoraphobia can come at any time in a person's life but is most common starting in the teen years to early twenties. Agoraphobics tend to isolate themselves so that they do not have panic attacks. If the condition gets severe enough it could include never leaving home; things like work, shopping, or school can be nearly impossible. Even though agoraphobia is a psychological disorder, many times it causes physical symptoms. A few examples are chest pains, difficulty breathing, or dizziness. While it is often thought there is no way to prevent agoraphobia there are treatments. Treatment consists mainly of medications and psychotherapy. If treatment does not start early, agoraphobics' phobias may become worse over time.

Continue reading "Indiana Residents Claiming Disability for Panic Disorder and Agoraphobia" »

How is an Indiana Social Security disability claimant supposed to prove they are unable to work due to degenerative disc disease? Degenerative disc disease is a very common disability among Indianapolis Scott D. Lewis' clients. In Attorney Scott Lewis' experience, degenerative disc disease can be difficult claim to win without the appropriate medical evidence and especially for anyone under the age of 50. On the other hand, a disability claimant under the age of 50 with appropriate medical records may find themself winning a disability claim by meeting a listing in the Social Security Adminsitration's Listing of Impairment or having such reduced physical capacity that they are unable to work.  Disability claimants may wonder why it is so difficult to win their claim when they are experiencing so much pain. Unfortunately, the only person that knows the amount of pain the claimant is experiencing is the claimant.

The Social Security Administration (SSA) does list degenerative disc disease along with other qualifying disabilities such as osteoarthritis, spinal stenosis, herniated nucleus pulposus, and spinal arachnoiditis under their "Listing of Impairments," Section 1.04, Disorders of the Spine.  To meet this listing, it is important for the disability claimant to prove their disability is severe enough to cause them to be unable to work by providing medical evidence supporting their claim.  When the SSA receives a disability claim based on degenerative disc disease or other disabilities such as back pain, lumbar problems, herniated disc, spinal stenosis or degenerative joint disease, the SSA should immediately look for supporting medical evidence.  Some supporting medical evidence may include:

• diagnosis of the disease by a treating physician
• x-ray reports, MRI studies, or CAT scans indicating disc deterioration

Because degenerative disc disease may be diagnosed based on the claimant's symptoms, it is extremely important to have imaging studies such as MRI studies and CAT scans to support the claimant's disability benefits claim.  These studies may prove to what extent the condition exists.  As a lawyer, Scott Lewis always advises his disability clients to continue to see their doctors.  The treating physician's examining notes may be very helpful when attempting to win Social Security disability benefits.  Treating physicians or an orthopedist may likely include notes regarding the claimant's decreased range of motion, reduced muscular strength, poor gait, and positive straight leg raises.

If you are disabled because of a herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, or vertebral fracture, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Attorney Scott D. Lewis offers a free consultation regarding your SSDI or SSI claim at (317) 423-8888.  Call today!

Are you an Indiana resident that is unable to work because you have been diagnosed with scoliosis?  Social Security disability claimants that have been diagnosed with spinal impairments such as scoliosis may be able to win their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits claim even though the Social Security Administration's Listing of Impairments do not include scoliosis. 

Scoliosis is a spinal deformity that is characterized by both lateral and rotational curvature of the spine.  Whether you are diagnosed with idiopathic scoliosis or congenital scoliosis, both types have similar symptoms.  Such symptoms may include:

• uneven muscle development on one side of the spine,
• rib hump,
• uneven shoulder blades,
• uneven shoulders and hips, or
• asymmetrical breast development in females.

Treatment for scoliosis varies depending on the age of the individual.  Typically, younger individuals are often treated with braces to prevent the progression of scoliosis.  However, braces are not used on adults. Some believe that surgery remains the most successful treatment method for individuals with large curvatures of the spine. Spinal fusions with instrumentation may be the most successful surgical procedure although these procedures will not completely straighten the spine, but do provide good correction.

So, how do I win my disability claim if the SSA doesn't have medical criteria for abnormal curvature of the spine such as scoliosis?  Since the SSA does not have a listing in their "Listing of Impairments" specifying the medical criteria for disability based on curvature of the spine, a claimant must prove their disability in other ways.  The disability claimant will need to be awarded disability based on a type of approval known as a medical vocational allowance. 

What is medical vocational allowance and how does it work?  When an SSDI or SSI disability claimant's case is evaluated, a determination will be made as to whether or not the disability claimant is capable of returning to their past work. When it is determined that the disability claimant is incapable of returning to a past job, the disability claimant will further be evaluated as to whether or not they are able to perform some form of "other work".  "Other work" may include any type of work that a claimant's current level of physical and/or mental level of functioning will not preclude or rule out.  

Claimants who are found to be capable of returning to one of their past jobs will be denied. On the other hand, claimants who are found to be incapable of returning to their past work and are found to be incapable of doing some form of other work may be approved on the basis of a medical vocational allowance.

It is important that the disability claimant present medical evidence that demonstrates why the claimant is disabled and unable to work in order for the claimant to win their claim by means of a medical vocational allowance.  In all cases, the disability claimant needs to have compelling medical records noting the specific functional restrictions that the claimant has due to their impairment which prevents the claimant from working.

Indianapolis Social Security Disability Attorney Scott D. Lewis has experience in representing disability claimants with scoliosis and other disabilities related to the spine.  If you or someone you know can't work due to curvature of the spine such as scoliosis, kyphosis, and kyphoscoliosis, contact Scott D. Lewis for a free consultation regarding your Social Security disability claim at (317) 423-8888. 

Mental illness, such as schizophrenia, can be disabling. Schizophrenia is a mental illness that affects how a person experiences reality. Schizophrenia must be diagnosed by a clinical psychologist, psychiatrist, social worker or other clinician, and may be characterized by:

• paranoia,
• hallucinations,
• bizarre delusions & perceptions,
• lack of emotions or motivations, and
• social and occupational dysfunction.

Schizophrenia is a complicated disorder that is commonly treated by antipsychotic drugs, which can alleviate symptoms in some patients, but not cure the disease. Persons with a serious mental illness are just as entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments as persons with a serious physical illness.

Since the criteria to qualify for Social Security disability benefits may be fairly complex, most Indiana claimants with schizophrenia elect to have a Social Security disability lawyer represent them in their disability claim. 

Schizophrenia is addressed in the Social Security Administration's (SSA) Listing of Impairments, Section 12.03, Schizophrenic, Paranoid, and Other Psychotic Disorders. A disability claimant may qualify for disability benefits by either meeting or equaling the specifications of listing 12.03.  Stated in this listing, a disability applicant's medical records must show the existence of intermittent or continuous:

1. Delusions or hallucinations or
2. Catatonic or other grossly disorganized behavior or
3. A state of illogical thinking, incoherence, loosening of associations, or poverty of content of speech (associated with either a blunt, flat, or inappropriate display of mood or affect) or
4. Emotional withdrawal and/or isolation.

For an Indiana disability claimant to satisfy the requirements of listing 12.03, their records must also indicate that at least two of the following apply: 

1. Markedly restricted daily activities;
2. Marked restrictions in maintaining concentration, persistence, or pace;
3. Marked restriction in the ability to maintain social functioning;
4. Extended and repeated episodes of decompensation;

If a disability applicant does not qualify for disability on the basis of the above criteria, a disability claimant with schizophrenia may be approved for disability benefits if the claimant is able to prove the following:

A)  A medically documented history of a psychotic disorder (schizophrenia, paranoid, or other) that has lasted at least 2 years and has resulted in a limitation of the ability to do basic work activities.

B) The medical history must show the existence of repeated and extended episodes of decompensation or the existence of the inability to function outside a highly supportive living arrangement for at least one full year or the existence of a residual disease process whose effects are far-reaching enough that even a minimal increase in mental demands, or even a minimal change in environment, would be predicted to cause the individual to decompensate.

It is important for the disability claimant to continue seeing their doctors.  A psychiatrist or psychologist is the best type of doctor to write a report about your disability when it comes to schizophrenia. The doctor is a key person when a claimant is trying to prove their disability to the SSA.  A doctor's report can carry more weight if your doctor knows you well, and has been treating you for a long time.  In addition, it is important for friends, family, and former employers to write letters and reports about the claimant. These people notice the things the claimant does or says that don't fit in at anemployment environment.  Statements from the people the claimant knows best are important to the Social Security disability claim.  Observations from the disability claimant's family can carry a lot of weight and make a big difference for the success of the claim.

Attorney Scott D. Lewis has experience with representing disability claimants with schizophrenia.  If you or a relative has a mental illness such as schizophrenia, obsessive-compulsive disorder, bi-polar disorder, or another mental illness, you may be entitled to disability benefits from the Social Security Administration.   For a free consultation regarding your Social Security disability claim, call (317) 423-8888. 

Autism is recognized by the Social Security Administration (SSA) as a disabling condition. Autism is a neurodevelopment disorder that affects social interaction and communication skills. Some symptoms of autism include, but are not limited to, repetitive or restricted behavior or lack of communication. The majority of Attorney Scott Lewis' disability clients attempting to receive disability benefits for autism have been children. While most of these clients are children, adults with autism may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. Indiana disability claimants facing this impairment may be entitled to disability benefits.

Found in the SSA's Listing of impairments, Section 12.10, Autistic Disorder and Other Pervasive Developmental Disorders (in both the adult and childhood listings) are the criteria required by the SSA for meeting the requirements for people with autism. There are several different types of autism including, but not limited to, Classic Autism and Aspergers Syndrome.  According to the SSA, the required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A.  Medically documented findings of the following: 

All of the following for autistic disorder: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; and markedly restricted repertoire of activities and interests;

OR

Both of the following for other pervasive developmental disorders: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity;

AND

B.  Resulting in at least two of the following: Marked restriction of activities of daily living; or marked difficulties in maintaining social functioning; or marked difficulties in maintaining concentration, persistence, or pace; or repeated episodes of decompensation, each of extended duration.

Many of the types of autism that Attorney Scott Lewis observes are Classic Autism, Aspergers Syndrome, Childhood Intergrative Disorder, Rett Sydrome, and Pervasive Development Disorder.  In Scott D. Lewis' Social Security disability law practice, he sees a wide variety of symptoms associated with autism. Many times these individuals have difficulty with communication and interacting with the society as a whole. The range and severity of symptoms seem to vary greatly. In his experience, some of these disability claimant's autism cannot be detected in superficial contact with the public. Upon closer observation, the impairment is quite clear. Many of these younger individuals will never be able to live independently and will most likely be unable to perform substantial gainful activity.

While much research is being done on the cause and prevention of autism, the truth remains it is an increasing diagnosis of disability.  If you or someone you know has been diagnosed with autism and believes Social Security disability might be an option, contact Indianapolis Social Security Disability Attorney Scott Lewis today for a free consultation at (317) 423-8888.

Indianapolis Social Security Disability Attorney Scott D. Lewis represents claimants that are fighting to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Many of his Indiana clients ask him what disabilities will qualify them for these disability benefits programs. Even though a claimant doesn't always have to meet one the Social Security Administration's (SSA's) Listing of Impairments in order to win their claim, a claimant can win their claim if they do in fact meet the criteris of one the qaulifying impairments. The SSA has listed the criteria for each of these listed impairments that will medically qualify a person for SSDI or SSI benefits. This listing may also known as the SSA's "Blue Book."

Impairments listed in the SSA's Blue Book fall under one of the following categories:

• Musculoskeletal System
• Special Senses & Speech
• Respiratory System
• Cardiovascular System
• Digestive System
• Genitourinary Impairments
• Hematological Disorders
• Skin Disorders
• Endocrine System
• Impairments the Affect Multiple Body Systems
• Neurological
• Mental Disorders
• Malignant Neoplastic Disease
• Immune System Disorder

Every impairment has its own criteria for qualification or approval.  Disabling conditions such as diabetes, high blood pressure, congestive heart failure, personality disorders, anxiety, spine disorders, leukemia, and a variety of other cancers are included in this list of impairments.  Many times, the disability examiner that is reviewing the claimant's application will simply open the SSA's blue book and compare the disorder requirements with the medical evidence of the claimant.  If the disability claimant's supporting medical evidence meets the criteria of the listing, the claimant will be approved for disability benefits. 

Unfortunately, not all disabling conditions are included in the SSA's listing of impairments.  For example, carpal tunnel, fibromyalgia or irritable bowel syndrome are among some of the impairments not listed in the qualifying listing of impairments.  Disability claimants with such conditions might wonder how they would qualify for disability benefits when their impairment is not listed in the SSA's Blue Book.  Since the claimant's disabling condition does not meet or exceed the requirements of a listing, the claimant may get a medical/vocational allowance.  In this case, the disability examiner will look at the claimant's previous work experience and the claimant's medical records.  The examiner will determine if the claimant is capable of performing sedentary, light or medium work.  After the examiner determines what level of work the disability claimant is able to perform, he or she will determine whether or not the claimant is capable of returning to the past work based on the disability claimant's limitations.  In the case that the examiner determines that the claimant is unable to return to their previous employment, the examiner will determine whether there is other types of work the claimant can perform. 

In summary, claimants with a disability that is listed in the SSA's Listing of Impairments and that claimant's disability meets the criteria of that listing, it is likely that the claimant will win their claim.  When a claimant has a physical disorder combined with a mental disorder such as depression, it is important to get the appropriate medical documentation from a qualified physician.  Having a combination of impairments can only strengthen the disability claimant's claim.

If you or someone you know has questions regarding your disabling condition, contact Attorney Scott D. Lewis for a free consultation at (317) 423-8888.   

Indianapolis Social Security disability claimants filing a disability claim based on seizure disorder (or epilepsy) often wonder how the Social Security Administration (SSA) evaluates this disorder in order to qualify for  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. 

To qualify for disability benefits based on this neurological condition, the following two requirements must be met:

1. A claimant must have a specified number of attacks, or episodes, occurring within a specified period of time; and
2. The episodes must occur even with a claimant's full compliance with prescribed medications. 

Simply stated,the disability claimant must demonstrate proof of a seizure disorder diagnonis or epilepsy diagnosis and must also indicate that anti-seizure medication has been prescribed, is being taken as directed, and that attacks continue to occur regardless of medications being taken.

At what frequency must these attacks take place in order to qualify for Social Security disability benefits?

According to the SSA, it depends on the type of epilepsy, or seizure disorder, that a disability claimant has. There are two types of seizure disorders that are addressed.  These seizures include convulsive epilespy and non-convulsive epilepsy.

If a claimant's particular form of seizure disorder is classified as "convulsive epilepsy" (grand mal seizures), such seizures must occur more frequently than once per month, in spite of at least 3 months of prescribed treatment. If these convulsive seizures occur during the day, these seizures must also involve loss of consciousness and convulsions.  If they occur at night, they must have the effect of interfering with the individual's activities on the following day.

If a claimant's seizure disorder is classified as "non-convulsive epilepsy" (petit mal seizures or focal seizures), such seizures must occur more frequently than once per week, in spite of at least 3 months of prescribed treatment. Additionally, non-convulsive seizures must involve either loss of consciousness, alteration of awareness (for example, confusion or disorientation), or have the effect of interfering with the individual's activities during the day.

If you or someone you know meets the SSA's requirements for epilepsy, you may qualify for Social Security disability benefits.  Epilepsy can also be considered as a disabiling condition when combined with other disabilities such as mental disorders, diabetes, obesity, and back problems just to name a few.  Indiana Social Security Disability Attorney Scott D. Lewis represents claimants that have been denied Social Security disability benefits.  If you would like a free consultation regarding your Social Security disability claim, call (317) 423-8888. 

Indiana Social Security disability claimants living with multiple sclerosis (MS) who are unable to work due to their MS related disability and/or other conditions, may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

The Social Security Administration (SSA) recognizes MS as a chronic illness or "impairment" that can cause disability severe enough to prevent an individual from working. Disability claimants applying for Social Security disability benefits on the basis of multiple sclerosis can be approved for benefits in one of two ways:

1. By means of a medical vocational allowance; or
2. By meeting the SSA's Listing of Impairment, Section 11.09 Mutlitple Sclerosis

In order to be approved for disability benefits by means of a medical vocational allowance, a claimant's medical records must show that their condition is severe and has lasted, or can be expected to last, for a period of not less than twelve months. During this actual or estimated twelve month period, the claimant's condition must also prevent them from working at a job they have done in the past, and prevent them from engaging in other work.

The SSA's Listing of Impairment, Multiple Sclerosis, specifically identifies the criteria required to meet this listing. In summary, the listing provides for three types of criteria that a claimant should meet in order to be awarded disability benefits.  A claimant must meet only one of the following three categories in order to qualify:

1. Motor function impairment
2. Visual impairments
3. Mental impairments

If you have any of the following symptoms, or any combination of these or other symptoms, that prevent you from working, you may qualify for Social Security disability benefits:

• Experience difficulty with walking, standing, and other motor skills
• Experience difficulty with seeing
• Speech impairment
• Find it difficult to concentrate or complete simple tasks
• Experience difficulty with remembering
• Have extreme fatigue 
• Experience side effects from prescribed medication(s)

It's important for the claimant to prove that their disabling condition has severe limitations on their life.  While SSI and SSDI provide different benefits, SSA uses the same disability determination process for both. You can even qualify for both at the same time.

Remember, you may appeal your Social Security disability claim if you have been denied benefits for muliple sclerosis.  Indianapolis Social Security disability lawyer Scott D. Lewis has represented claimants with multiple sclerosis. If you are a claimant with MS or if you know someone that is unable to work due to their multiple sclerosis, call Scott for a free consultation at (317) 423-8888. 

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.