September 15, 2009
Those classified as mentally retarded can sometimes find themselves with their claim for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits denied. Although some of these claims may be initially denied, the Social Security Administration (SSA) does acknowledge the disabling effects of mental retardation in its listing of impairments. Listing 12.05 Mental Retardation of the SSA’s Listing of Impairments considers the dependence upon others for personal needs, IQ scores, other impairments that may impose additional and significant work related limitations, and other marked difficulties and restrictions. When evaluating the severity of Mental Retardation, an Administrative Law Judge (ALJ) can look at the mental residual functional capacity of the claimant. Mental residual functional capacity is a person’s ability to perform work or work-related activities given their mental limitations. The SSA may find that activities of daily living in mentally retarded individuals are severely affected. Social Security Disability Attorney Scott Lewis finds perseverance in these types of cases can often be beneficial. While an individual may not fit SSA listing 12.05 exactly, adequate medical records and an understanding Administrative Law Judge can lead to a favorable result for these claimants. If you would like more information regarding qualifying disabilities and impairments, contact Indianapolis Attorney Scott D. Lewis for a free consultation at (317) 423-8888.
August 26, 2009
A class action lawsuit, Martinez vs. Astrue, was settled in California paving the way for the monies owed to Social Security benefits claimants or recipients. This settlement may effect over 200,000 people. In this lawsuit, 120,000 people refused assistance may request back payments or reapply for benefits and 80,000 people wrongfully denied may receive restitution. Over $500 million is the price tag Social Security will come up with to pay those wrongly denied disability or retirement benefits. It appears that if your birth date or name matched an arrest warrant in error or even for a minor traffic infraction, your benefits could have been denied or withheld. Indianapolis Attorney Scott D. Lewis believes these wrongful denials and withholding of funds, to those most in need of assistance, could have a devastating effect on these individuals and their families. Indiana residents that were denied due to this should contact their local Social Security Administration (SSA) or consult a qualified Social Security Disabiltiy Attorney or Representative to see if they may qualify for retirement or disability benefits. Scott D. Lewis, Attorney at Law, LLC offers a free consultation regarding your Social Security disability claim. Call (317) 423-8888 immediately to get the representation you deserve.
August 25, 2009
Indiana Social Security benefits recipients look forward to the annual Cost of Living Adjustments (COLA) they receive each year. COLA is the annual increases that recipients receive in their benefits to offset inflation in the economy. The Social Security Administration (SSA) began these automatic increases in 1975. Many disability benefits recipients rely on these increases each year to keep up with inflation. In 2009, Social Security recipients received a 5.8% increase in their monthly payments. This is the largest increase since 1982. As of this week, the SSA’s trustees are predicting that Social Security recipients may not receive a COLA increase for the next two years. This is being justified mainly because 2009 energy prices are below 2008 energy prices. The SSA is predicting that there will not be an increased inflation this upcoming year, therefore there will be no need for a cost of living adjustment. Many people argue that while inflation may be down next year, the medical and healthcare cost will continue to rise. Ultimately, this will affect those with high medical & prescription expenses or Medicare recipients. Approximately 50 million disabled and retired Americans receive Social Security benefits. While some of these Americans may need to just watch their spending in the next two years, others may be highly affected. Although it is law that Social Security COLA can not be negative causing a decrease in benefits, recipients who get Medicare deducted from their payments may be impacted because Medicare costs will continue to increase which ultimately causes a decrease in the monthly benefits payment. Be aware that SSA’s consideration of eliminating the COLA in 2010 & 2011 is to protect the system from depleting and drying out. As a result, all Social Security recipients will benefit by continuing to receive their monthly payment. Indiana Attorney Scott Lewis represents Social Security disability claimants fight for what they deserve. Contact Scott at (317) 423-8888 for a free consultation … Continued
August 21, 2009
Indiana Social Security Claimants attempting to get disability benefits for mental impairments should be aware of the criteria the Social Security Administration (SSA) may look at when evaluating their claim. The SSA evaluation of a disability on the basis of a mental disorder is based on the following: Documentation of a medically determinable impairment(s); Degree of limitation that the impairment(s) may have on the claimant’s ability to work; and The determination of whether these limitations have lasted or are expected to last for a continuous period of at least 12 months. The following categories of mental disorders are described more in depth on the SSA’s website: Organic mental disorders: described as psychological or behavioral abnormalities associated with a dysfunction of the brain Schizophrenic, paranoid and other psychotic disorders Affective disorders: characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome Bipolar disorder Depression Mental retardation Anxiety-related disorders Somatoform disorders: defined as physical symptoms for which there are no demonstrable organic findings or known physiological mechanisms; Personality disorders Substance addiction disorders Autistic disorder Other pervasive developmental disorders Contact Indiana Social Security Disability Attorney Scott D. Lewis for questions regarding Social Security Disability and Mental Impairments. For a free consultation, call 317-423-8888.
August 20, 2009
Can a child with a disability qualify for Social Security benefits? A child under age 18 can qualify if he or she meets the Social Security Administration’s definition of disability for children, and if his or her income and resources fall within the eligibility limits. The requirements for children can differ from adults. Since children do not have a work history, the funds for children with disabilities are paid through the Supplemental Security Income (SSI) program. There are a few things to keep in mind when attempting to receive SSI benefits for your disabled child: 1. The child must financially qualify. The Social Security Administration (SSA) will take a look at the amount of income and resources that the child and the family members living in the household have access to. If the child’s income and resources, or the income and resources of family members living in the child’s household, are more than the amount allowed by the SSA, the child’s application for SSI payments will be denied. Also, if the child lives in a medical facility where health insurance pays for his or her care, the SSA will limit the monthly SSI payment to $30 per month. 2. The child must have a condition or combination of conditions that has lasted or is expected to last 12 months or expected to result in death. These physical or mental conditions must result in “marked and severe functional limitations.” Marked and severe limitations means that the child’s activities are very seriously limited, it can cause the child to be in a grade level inappropriate for his or her age, it can cause your child to be constantly hospitalized, etc. While some attorneys are hesitant to take children’s Social Security claims cases, Indiana Attorney Scott Lewis believes many of these cases can be won at the Administrative Law Judge (ALJ) level. It is important to secure good physician’s treatment … Continued
August 12, 2009
Indiana residents who suffer with Bipolar Disorder often find themselves in front of an Administrative Law Judge (ALJ) when attempting to get their Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. The Social Security Administration (SSA) recognizes the existence of Bipolar Disorder in their “Listing of Impairments” under listing 12.04 Affective Disorders. Individuals suffering from Bipolar Disorder that are attempting to get disability benefits, may find it easier to win their case when they have a good long standing relationship with their health care professional. It has been the experience of Indianapolis Attorney Scott D. Lewis, that many ALJ’s and medical experts that may testify at the hearing level, will put greater emphasis on medical records from a treating physician with a long relationship with that particular patient. There are certain aspects of Bipolar Disorder the SSA will focus on for depressive syndrome: loss of interest in activities appetite disturbance with loss or gain in weight sleep disturbance psychomotor agitation or retardation decreased energy feelings of guilt or worthlessness difficulty concentrating thoughts of suicide hallucinations, delusions, or paranoid thing There are other aspects of Bipolar Disorder the SSA will focus on for manic syndrome: hyperactivity pressure of speech flight of ideas increased self esteem decreased need for sleep increased distractability involvement in activities with a high probability of painful consequences that are not recognized The above factors may cause restrictions in activities of daily living, difficulties in maintaining social functioning, difficulties in maintaining concentration, persistence or pace, and episodes of decompensation each of extended duration. The aforementioned are just some of the areas a Social Security ALJ may consider when deciding whether you have a disability that affects your ability to perform substantial gainful activity. This information is not intended to be legal advice and Attorney Scott D. Lewis recommends you consult a qualified attorney or representative … Continued
July 29, 2009
Carpal Tunnel Syndrome (CTS) is a degenerative condition where the median nerve in the wrist area is compressed causing inflamation or swelling of the tissue. This can result in the nerve being pinched and symptoms can include: pain weakness in the hand and forearm wrist and hand numbness a burning sensation decreased ability to grasp with one’s fingers Indianapolis Social Security disability claimant’s ask how does the Social Security Administration (SSA) evaluate Carpal Tunnel Syndrome. Currently, CTS is not a listing in the SSA’s “Listing of Impairments.” Although, the SSA does recognize the disabling effects of this impairment. If hand manipulation were a key element in a claimant’s past relevant work, and the CTS is severe enough, it may be found that the individual is unable to return to their past work. The SSA will then determine if there is other work in the National Economy that the claimant may be able to perform. In my experience as a Social Security Disability Attorney, it should be noted that many jobs in the economy require fine hand manipulation. Medial tests and medical records documenting the severity of the claimant’s Carpal Tunnel Syndrome are often the key to a successful disability claim. Share with your physician how severe your symptoms are and how your life is being affected by these symptoms. If you have any questions regarding your Social Security disability claim, call Attorney Scott D. Lewis for a free consultation at (317) 423-8888.
July 28, 2009
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 … Continued
July 27, 2009
Indianapolis Social Security disability claimants may qualify for Social Security disability benefits if they suffer from Post Traumatic Stress Disorder (PTSD). PTSD may be caused by a traumatic event that an individual experiences either once or on a continuous basis. This disorder may be very severe and may cause long term psychological problems. Often individuals with PTSD will experience the following: The individual may relive the traumatic event sometimes as nightmares or flashbacks; The person may become hyper aroused; May avoid any contact with stimuli that reminds the person of the traumatic event; or The person may feel numb emotionally. These are only a few examples of symptoms an individual with PTSD may experience and the individual may experience other symptoms that result in a disabling condition. Recently, many veterans have returned from active duty with a diagnosis of PTSD. While the Veterans Administration (VA) may find a veteran disabled due to PTSD, it does not mean the Social Security Administration (SSA) will automatically find that same person disabled due to PTSD. Although, medical findings by the VA should be taken into consideration by the SSA when determining disability. The SSA does recognize PTSD as a disabling condition and disability benefits may be obtained with thorough medical documentation by your health care provider. The SSA generally looks at post traumatic stress disorder as an anxiety disorder. If the PTSD claimant meets the SSA’s criteria for mental disorders, he/she may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Indianapolis Social Security Disability Attorney Scott D. Lewis has experience in representing claimants with mental disorders. Other disabiling conditions that Attorney Scott Lewis has experience are bipolar disorder, depression, and other anxiety related disorders. If you would like a free consultation with Scott Lewis, please call (317) 423-8888.
July 16, 2009
Do Medical Experts (ME) or Vocational Experts (VE) Always Testify at an Administrative Law Judge Hearing?
Indianapolis Social Security Disability claimants often ask if the Social Security Administration (SSA) will always have experts testify at their Administrative Law Judge (ALJ) hearing. In simple terms, the answer is “no, not always.” There are multiple reasons why an expert may not testify at the disability hearing. Some ALJ’s simply do not use a Medical Experts (ME) or Vocational Experts (VE). Other ALJ’s may use one expert but may not use the other expert. Although the reasons vary, some reasons could include the availability of these experts and whether or not the ALJ has already looked at your case and may decide you are getting a favorable decision before you have even walked through the door. Many experienced Administrative Law Judges feel that they can make a fair decision based on the claimant’s testimony and the medical records. Hopefully, they have looked thoroughly at the claimant’s medical records and will come to a fact based decision as to what the limitations are regarding the claimant’s disability. Once the ALJ has established the limitations, they consider whether the claimant can perform their past employment, or with the restrictions determined, whether they can perform other employment. Are your chances of winning your disability claim better if there are no experts? In Indianapolis Social Security Disability Attorney Scott D. Lewis’s opinion, probably not. While expert testimony can help lay out the framework for a decision, most Administrative Law Judge’s are going to go through the same process without the aid of expert testimony. An attorney representing you in your disability claim should be ready for the presence of experts and have an appropriate line of questions ready if needed. If you have questions regarding your Social Security Disability claim, contact Attorney Scott Lewis for a free consultation at (317) 423-8888.