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Scott Lewis

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October 30, 2012

SSI Benefits for Children With Learning Disabilities

Indiana children with learning disabilities may be entitled to Supplemental Security Income (SSI) benefits.  A significant portion of my law practice is devoted to helping children and their families receive Social Security disability benefits.  My staff and I take great pride in being able to explain the application and appeals process to parents of disabled children, and we make sure that they are fully prepared when it is time to appear at a hearing before a Social Security Administrative Law Judge.  I have found that some other disability attorneys simply do not handle children’s cases, or they are unfamiliar with what it takes to win these claims.  Some parts of children’s cases are the same as adult cases; for example, the appeals process has the same steps for adults and for children.  However, other elements of children’s claims are quite different from adult claims, especially when it comes to showing how the claimant’s impairments are severe enough to be disabling under Social Security’s rules.  Knowing what the Social Security Administration (SSA) is looking for in children’s cases can be the key to a successful outcome. In my experience as a disability attorney representing children and their families, I find it especially beneficial to submit certain types documentation of a child’s disabilities to the SSA.  These records can include, but are not limited to: Medical records from treating physicians, especially specialists, who treat the child for any physical or mental impairments. Written statements from treating physicians concerning the severity of the child’s disabling condition Report cards IQ tests Individualized Education Program (IEP)  or 504 Plans developed at the child’s school Written statements from teachers concerning the child’s academic progress and behavior Behavior reports, written progress reports, and other written correspondence from the child’s teacher For each of my clients, I request … Continued

Filed under: Supplemental Security Income (SSI) || Tagged under:
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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 … Continued

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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 … Continued

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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 … Continued

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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 … Continued

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September 10, 2012

Does The Social Security Administration Consider How Much Pain I Experience?

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 … Continued

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September 5, 2012

What Happens To The Money In Children’s SSI Cases?

I represent many families with children who have disabilities at the hearings level in Indiana.  I believe I handle more children’s cases than many of my counterparts.  In fact, some attorneys tell me they simply will not take children’s disability claims at all.  Children’s disabilities can vary greatly, and the mental and physical problems caused by these health condition(s) can be devastating.  I often sit at the hearing and wonder, “When my client is awarded benefits, who is going to manage the money, and how will the money be used?” In children’s Supplemental Security Income (SSI) cases it is important to first understand Social Security’s income and resource restrictions.  If a family makes too much money, or if the family’s assets such as its vehicles, house, or bank accounts are worth too much, that family probably will not qualify for SSI benefits.  A family that does qualify for SSI is most likely struggling quite a bit to pay for for medical expenses, rent, food, and clothing.  Once a child is awarded SSI benefits, the family is eager to find out what types of expenses can be paid with SSI benefits, and who will be responsible for spending the money.  The Social Security Administration (SSA) has guidelines as to how those monies should be spent and who will do the spending. First, most minor children are required to have a representative payee who will manage their SSI payments.  The representative payee is required to: Use the payments to meet the needs of the beneficiary (i.e., the child) Save any money left over Report any changes Keep good records Help the beneficiary get medical treatment Notify SSA of changes in payee’s circumstances Complete accounting reports regarding the use of funds Return any monies beneficiary is not entitled to Now the big question … Continued

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June 12, 2012

Being Honest At Your Indiana Disability Hearing

Most of us have certain subjects that we are not comfortable talking about.  Sometimes at a Social Security disability hearing, you will be asked questions that make you uneasy.  Those questions can range from details of your personal life to symptoms of your medical condition, and everything else in between.  Indianapolis attorney Scott D. Lewis encourages each of his clients to be honest with the Judge during the hearing.  Your answers at your hearing may have a huge impact on the outcome of your case. Your credibility may impact the Judge’s decision about whether your conditions are disabling.  While you may have numerous medical tests diagnosing various severe conditions, tests in general cannot show the severity of the pain you experience.  To understand the severity of your pain, the Administrative Law Judge will often rely on your testimony about the type and degree of pain you feel.  Different people have varying levels of pain tolerance, and you are the only one who can explain to the Judge how your pain affects you. It is important for claimants to realize that their medical records contain more information than medical diagnoses and treatment histories. For instance, your doctor often records information about your daily activities, such as whether you have been on vacation, working in your garden, or riding a bicycle.  So imagine that you are in your hearing and the judge asks you a personal question, and you think that an honest answer will lead the judge to believe that you are not disabled.  You may think the best thing to do is to give a dishonest answer so as not to jeopardize your case.  You may not realize, however, that the Judge already knows the answer to the question he is asking you because he has read about it in … Continued

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December 24, 2011

Anemia and Indiana Social Security Disability Claims

If 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!

Filed under: Qualifying Disabilities and Impairments || Tagged under:
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December 22, 2011

Arthritis and Indiana Social Security Disability Insurance

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 … Continued

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