Indiana Social Security Disability Lawyer Blog

Yes, the Social Security Administration is supposed to consider your pain when deciding if you are disabled.  The pain you experience from standing, walking, pushing, pulling, lifting, and sitting may make it difficult, if not impossible, to perform substantial gainful activity.  Many of my clients are not able to focus or concentrate long enough to work because the pain is so severe.  If you do experience pain, it is important to regularly report the frequency and intensity of your pain to your physician.  The Administrative Law Judge (ALJ) may be skeptical about your complaints of pain if your medical records do not show that you have talked to your doctors about them.

Some of my clients suffering from physical disabilities tell me the pain they experience is simply too much to bear. They often enter an Indiana Social Security disability hearing prepared to let the ALJ know exactly what the pain is like on a day to day basis. As an attorney, I give my clients guidelines to help them explain their pain to the judge, and I urge them to be as truthful and straightforward as possible. Most of my clients listen to my advice, but sometimes, clients go into the courtroom and exaggerate their pain symptoms to an unbelievable degree.

Being honest about everything at your disability appeal hearing is very important, from explaining what you are physically able to do to describing the pain you experience. In most hearings, the judge or I ask the claimant to rate his pain on a scale from zero to ten, where a rating of zero is no pain, and a rating of ten is pain so severe that you have to go to the hospital. To my surprise, some individuals testify that their pain is at level ten on a daily basis. They usually say this after they have talked about the activities they do at home each day, and none of them talk about going to the hospital on a daily basis.  I do believe that some people may experience pain at a level ten and not be able to go to the hospital every time they do, but a judge is going to find it hard to believe that a person can experience pain that severe on a daily basis without being hospitalized regularly.

In my practice, I find that one of the best things I can provide to the ALJ to show that you are unable to work is a written statement from your doctor giving her professional opinion about the restrictions caused by your disabilities.  If your doctor says that you are restricted in sitting, standing, walking, or lifting, it can help show that you are unable to perform a full day of work activities.  Your doctor can also give his opinion about problems you may have pushing, pulling, and manipulating objects.  If your treating physician states that you would miss too many days of work each month due to your symptoms or your treatments, or that you are unable to work an eight hour day, or that you simply cannot work due to your disabling condition(s),  it may enhance your chances of winning your claim.

In summary, while good medical records can be the key to a successful outcome, I believe that your truthful testimony matters as well.  Be realistic about the pain you experience, and attempt to let the judge know the specific ways it impacts your life.  While the judge and I can look at MRI results and doctors' diagnoses, those records cannot adequately describe the pain you experience every day.  Your solid, credible testimony is the only way to let the judge know how your pain is disabling to you. 

If you left an Indianapolis Social Security Disability Appeals courtroom and heard the words "physical residual functional capacity" and didn't understand what they were talking about, you may not be alone.  Indiana Social Security disability attorney Scott Lewis can see why someone not familiar with the Social Security appeals process may not know why these terms are being used.  While the disability process may be confusing, at times it can also be predictable and some of the terms used at your hearing are usually used over and over at hearings to analyze disability claims.

In cases where you are claiming a physical disability, the Social Security Administration (SSA) usually tries to determine your residual functional capacity (RFC).  Your RFC in general terms is how much you can physically do despite the disabling condition you are experiencing.  Once it is determined what you RFC is the SSA will try to determine if you can return to your previous employment with the limitations you experience or if you cannot whether there are other occupations that exist in the economy that you can perform.

Some of the things the Social Security Administration will look at when examining your RFC may include:

• How long you can sit, stand, and walk.
• How much you can lift and carry.
• Do you have postural limitations such as bending, squatting, or stooping?
• Do you have limitations on fine or gross manipulation with your hands?

Indianapolis Social Security disability attorney Scott Lewis may attempt to get a RFC assessment completed by his client's treating physician if necessary.  A favorable RFC by a treating physician may or may not be given weight by an Administrative Law Judge.  Mr. Lewis has found some treating physicians will not complete these forms and leave their patients on their own when trying to receive disability benefits.  If you are able to foster a good patient doctor relationship it may enhance your ability to get your physician to fill out forms that can enhance your chances of winning your Social Security disability claim. 

Scott Lewis is an experienced Indiana Social Security disability attorney and represents clients with a wide variety of disabling conditions.  If you or someone yo know is struggling with their Social Security disability claim contact Mr. Lewis and his staff for your free case evaluation.  Contact the law office Scott Lewis today by calling (317) 423-8888.

Indiana residents may not all agree getting older is a good thing.  Lets face it, as we age it seems to be a bit harder to bounce back from physical problems we encounter.  As we age, we may also find it more difficult to find employment.  Believe it or not, the Social Security Administration (SSA) believes it may be more difficult for older individuals to find suitable employment.  Now, don't be misled that the Social Security Administration (SSA) doesn't look at various other factors when determining if your disability prevents you from working, but age is one very important factor they examine.

Age is just one of the factors considered in what is known as "the grid".  This is a table composed of various factors to help the SSA determine if your disability meets the requirements necessary to "grid out", or be granted Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Other factors include education, the skill level of past employment, and whether you are able to do sedentary, light, medium, or heavy work.  The age criteria is broken down into four categories:

• 18 - 44 years old considered young individuals
• 45 - 49 years old considered younger individuals
• 50 -54  years old considered approaching advanced age
• 55 years of age and older considered advanced age

While all of the above may seem difficult to understand, the simple truth is that those individuals over 50 years of age usually benefit from the grid scenario much more than those individuals younger than 50 years of age. Those individuals over 50 years of age with unskilled work experience that is not transferable combined with a limitation of sedentary work often find themselves on the favorable end of a Social Security disability decision.  With that being said, your disabling condition is still an issue and all disability cases can have different facts.

Whether you are a young or an older individual, you can still win your disability claim if your disabling condition is severe enough to prevent you from working.  Indianapolis Social Security Attorney Scott D. Lewis encourages you not to rely on the above information to determine if you will receive Social Security disability benefits.  Mr. Lewis provides a free consultation by calling (317) 423-8888.  Get your free case evaluation by calling Indianapolis Social Security Attorney Scott Lewis today! 

A Social Security disability claimant's Residual Functional Capacity (RFC) is the most that he/she may do despite their limitations.  The RFC Assessment is a form completed by a health care provider that states a claimant's limitations caused by the impairment(s) that affect the claimant in a work setting.  This form can be very beneficial in obtaining Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. 

When a claimant submits their initial disability application, the claim is reviewed by a Social Security Administration's Disability Determination Services (DDS) Examiner.  Before the examiner can make the final decision, the examiner must submit the claim to the Social Security Administration's medical or psychological physicians to complete the RFC form.  The doctors will review the claimant's medical records and rate the claimant's RFC physical and mental RFC based on these records.  Often times, RFC forms completed by the SSA's doctors are rarely of any benefit to claimant because typically they are used to support denials more often than approvals. 

While the SSA may have one of their health care providers complete a RFC, it is important that individuals attempting to get disability benefits have their own medical professional complete a RFC.  Your own treating physician usually has more insight to the patient's medical history, diagnosis, and limitations.  Indianapolis Attorney Scott D. Lewis finds a completed Residual Functional Capacity Assessment can be very helpful when appearing in front of an Administrative Law Judge (ALJ).

Appearing in front of an ALJ can allows time for the claimant to get a completed RFC assessment from a doctor that has personally treated the claimant. The treating physician has a relationship history with the claimant and has provided medical care for the claimant which allows the treating doctor to have the knowledge of a claimant's medical condition.  As long as the treating physician's opinions are consistent with the medical records and are documented properly, the SSA should consider the treating physician's opinion in determining disability. 

It is important for claimants to understand the importance of an ongoing medical relationship with a competent medical professional.  More importantly, having a RFC form completed by your treating physician may be essential in winning your claim.  Don't be convinced that your medical records will be enough to support your case.  Have your doctor(s) complete the RFC form to support your disability claim. 

If you are interested in knowing more about Residual Functual Capacity Assessments, contact Indiana Social Security Disability Lawyer Scott D. Lewis for a free consultation at (317) 423-8888.

Indiana Social Security Administrative Law Judges are not alone when it comes to looking at a claimant's limitations because of their disability.  Your impairment or disability, and any related symptoms, may cause physical and mental limitations that affect what you can do in a work setting. These limitations are called Residual Functional Capacity (RFC).   An Administrative Law Judge (ALJ) is supposed to look at your limitations due to your disability.

To assess your RFC, the Social Security Administration (SSA) will look at all available medical evidence to determine what they believe your restrictions might be. The ALJ and the SSA will also consider statements and observations of your limitations by you, your family, neighbors, and friends.

The SSA will consider things such as, but not limited to:

• How long you can sit, stand, and walk;
• Your inability to lift or carry objects over a certain weight;
• Your inability to use your hands and/or limbs for grasping, holding objects and other repetitive motions;
• How long you can concentrate, and/or keep up with a task;
• Whether you can remember and/or understand instructions;
• Your inability to interact with others, or work under supervision; and
• Various other work related restrictions.

When you hire Indianapolis Social Security Attorney Scott Lewis, he understands how important a completed Residual Functional Capacity Assessment can be at the Administrative Law Judge Level. When this type of assessment is completed by your health care provider, Scott Lewis will strive to make sure it is brought to the Social Security Administration's attention and he will argue why your restrictions prevent you from being a productive employee in the work force.