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November 1, 2019

Social Security Disability Benefits Because You Have Difficulties Concentrating and Focusing

Are you able to Social Security disability benefits because you have difficulties concentrating and focusing?  Problems with concentration and focus can have a huge impact on keeping a job.  While employers do have some tolerance for a worker to be off task, there is a limit to what they will allow. Excessive time off task can lead to the worker being terminated.  The Social Security Administration (SSA) recognizes this and can find you disabled because of it.  There may be various reasons for this problem, and if you can successfully show the SSA and/or an Administrative Law Judge (ALJ) that this is preventing you from maintaining employment, you may be entitled to Social Security Disability (SSDI) and/or Supplemental Security Income (SSI) benefits. When talking to my clients, I find one of the major reasons they cannot work is due to pain.  Every person is different, and their tolerance for pain can vary.  At some point, the pain can be so severe that it will prevent someone from staying focused on their job tasks.  If pain is severe enough, many individuals find they are unable to concentrate long enough to complete even the simplest of job tasks.  Another common cause of difficulty with concentration or focus can be a severe mental condition.  Individuals with severe mental diagnoses such as depression, anxiety, bipolar disorder, and PTSD may result in racing thoughts, disinterest in any activity, and a diminished cognitive ability to perform work on a continuing basis. I have noticed the SSA has difficulty recognizing these types of symptoms in the early stages of the claims process.  With so many initial applications, the SSA tends to evaluate claims largely on an objective basis rather than giving much credit to subjective complaints that can be caused by a severe diagnosis.  Fortunately, if you … Continued

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October 7, 2019

Your Heart Condition and Social Security Disability

Your heart condition and Social Security disability.  Just the thought of suffering a severe heart condition can be alarming and cause anxiety.  After all, a severe heart condition can cause many disabling symptoms or even death.  If you or someone you know is unable to work due to a heart condition, it is probably in their best interest to file for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. There are many heart conditions a person can endure, and these can include, but are not limited to: Congenital Heart Disease Angina Heart Failure Arrhythmia Valve Disease High Blood Pressure Many of these conditions have symptoms that are severe enough to prevent an individual from performing substantial gainful activity.  Examples of these symptoms are: Chest Pain Shortness of Breath Weakness and Fatigue Dizziness Swelling in Extremities Irregular Heartbeat The Social Security Administration (SSA) acknowledges heart conditions in its Listing of Impairments under Listing 4.00 Cardiovascular System.  This publication by the SSA establishes guidelines to evaluate the severity of a heart condition to determine disability.  At times, these criteria can be difficult to meet or equal. If you do not meet these criteria, the SSA will look at how your symptoms cause you limitations in determining you Residual Functional Capacity (RFC).  For example, a claimant who experiences shortness of breath with prolonged exertion may be limited in standing or walking during a typical workday.  There can be various ways to prove that your heart condition is severe enough for you to be found disabled. In order to be successful in a disability claim for heart conditions, objective cardiovascular testing or procedure notes are important to demonstrate to the SSA how severe your condition really is. Examples of helpful testing include: Blood Tests Tilt Tests Angiograms Chest X-rays Echocardiograms Electrocardiograms … Continued

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September 11, 2019

Amputation and Social Security Disability Benefits

Amputation and Social Security disability benefits.  If you have an amputation, you could be eligible for Social Security Disability benefits if your limitations prevent you from working.  Having a finger or toe amputated causes different limitations than having a foot, hand, leg, or arm amputated. Therefore, Social Security does not automatically find a person disabled if they have had any amputation, but some criteria must be met. Under Social Security’s Listing of Impairments, amputations are evaluated at Listing 1.05.  To meet this listing, a claimant must have either amputation of: Both hands; or One or both lower extremities at or above the tarsal region, with stump complications resulting in medical inability to use a prosthetic device to ambulate effectively, which has lasted or is expected to last for at least 12 months If your condition does not fall under either of these scenarios, then Social Security will evaluate your disability claim based on the limitations your conditions cause you in a work setting. Your Residual Functional Capacity (RFC) may be so diminished that you are unable to do your past work, or even any other work.  For instance, if you have had fingers on your dominant hand amputated, you may be unable to perform fine or gross manipulation that is necessary to perform the tasks required of most jobs in the economy.  In the case of a foot or toe amputation, you may find it difficult to stand for long enough to perform jobs that are not sedentary in nature.  There can be many reasons why an amputation can eliminate jobs in the national economy.  At your Social Security disability hearing, a Vocational Expert (VE) may testify as to what, if any, jobs exist for a person with such a limited Residual Functional Capacity.  In my experience, the limited use … Continued

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August 5, 2019

Cancer and Social Security Disability

Cancer and Social Security Disability.  There are so many types of cancer with varying degrees of severity that it can be difficult to know what qualifies you for Social Security disability.  Just a diagnosis of cancer itself usually is not going to get you disability benefits.  Medical documentation is needed to prove the type and the severity of your condition. The Social Security Administration (SSA) analyzes cancer under Listing 13.00 (Malignant Neoplastic Disease).  If you take the time to read through this Listing, you can see there are very specific criteria needed to find a person disabled.  Sometimes a person does not have exactly what this Listing calls for, but the SSA may agree that they functionally equal the Listing instead. While a listing may be difficult to meet or equal, many times the SSA believes your capacity to work is so diminished by residual limitations that you simply cannot work a full-time job.  Many of my clients complain of residual effects including neuropathy, cognitive issues, decreased energy, or muscle weakness, among others. In severe cases when cancer is considered terminal, the SSA can grant disability benefits through a process called Compassionate Allowance.  If the SSA can quickly identify your condition as being this severe, it can expedite your claim.  This can eliminate the long process of appeals and hearings to get the benefits you are entitled to.  Your Social Security Disability lawyer can better explain the specific information necessary to be granted a Compassionate Allowance. With the varying types of cancer, each case is distinctly different.  Solid medical testing and documentation can greatly enhance your chances of winning your Social Security Disability claim.   Medical source statements from a treating physician can improve your chances of receiving Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments.  It is … Continued

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April 18, 2019

Sciatica and Social Security Disability

Sciatica and Social Security Disability. Sciatica can generally be described as radiation of pain from your lower back into your hip, buttocks, and/or lower extremities.  This can result from the sciatic nerve being pinched or compressed.  It is often caused by the degeneration of an intervertebral disc.  The pain from sciatica can vary greatly from a minor pain to a burning sensation or the feeling of an electrical shock. If you experience sciatica, testing such as X-rays, CT scans, and MRI’s can demonstrate the cause of your sciatic pain.  The Social Security Administration (SSA) relies on these types of objective tests to establish a disabling condition.  Most medical providers can order objective testing to help determine the cause of your symptoms.  An abundance of medical treatment is needed to prove to the SSA how severe your disabling condition is.  Common treatment types can include pain management, injections, or physical therapy.  Without these types of medical documentation, it can be hard to support your allegations of pain; relying on the SSA to send you to one of their exams is usually not enough.  It is important for you to tell your medical providers how you experience sciatic pain and the limitations it causes you. Many of my clients with back impairments experience negative effects on their daily lives.  They describe pain with standing, walking, and sitting. These limitations can impact a person’s ability to do many job tasks.  In addition to preventing a worker’s postural movements like reaching or bending, pain can make it hard to concentrate or complete your duties.  Some of my clients even require an assistive device like a cane or walker in order to relieve their pain while they stand or walk.  This can cause difficulty in jobs that require an employee to stand and walk around … Continued

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March 4, 2019

If I Have Crohn’s Disease Can I Get Social Security Disability Benefits?

In my experience, Crohn’s disease can be a very disabling condition and may qualify you for either Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  The symptoms from Crohn’s disease can be painful, uncomfortable, and can consume most of the person’s day just trying to complete simple tasks.  Very few employers will tolerate an employee that spends much of the day off task and consistently in the nearest restroom.  The Social Security Administration recognizes this, and many times these exact issues are addressed at an Administrative Law Judge hearing. My clients generally describe the similar symptoms, and these can include, but are not limited to: Diarrhea Abdominal Pain Fatigue Fever Vomiting Weight Loss In these cases, it is crucial to obtain objective testing to prove your symptoms are a result of your diagnosis.  In my experience, in cases of individuals with severe Crohn’s disease, many of these tests have been performed before I even talk to my client.  A comprehensive medical file can be key to you receiving your disability benefits.  The SSA usually wants to see that you have exhausted all avenues for treatment in an attempt to resolve your condition.  The Social Security Administration examines Crohn’s disease in its Listing of Impairments under Listing 5.00 Digestive System.  These listings define qualifying criteria for disabilities and the objective testing used to prove the severity of the condition.  Listings can be difficult to interpret without the aid of a trained physician or qualified attorney.  Many times, I will ask a treating physician to complete a questionnaire to show the client meets those criteria.  Another way to win your Social Security disability claim is to show the SSA and an Administrative Law Judge that your condition is so severe you cannot sustain full-time employment.  This can be done … Continued

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June 8, 2018

Autism and Social Security Disability Benefits

As an Indiana Social Security Disability Attorney, I have noticed an increase in the number of children and young adults diagnosed with Autism.  My office takes great pride in helping these individuals get the benefits they deserve.  Preparing these claims for the Social Security Administration (SSA) usually takes a focused approach to show an Administrative Law Judge (ALJ) the severity of this condition.  This blog will briefly outline some of the information I believe is important in proving a claim for an individual who experiences Autism. The good news is that the SSA does recognize Autism as a disabling condition.  In the SSA’s Listing of Impairments, Autism is covered under Listing 112.10 for children and 12.10 for adults.  Using these guidelines, a Social Security disability lawyer can craft arguments to help show the person qualifies for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many times, a Medical Source Statement may be obtained by a treating source showing that the applicant meets these criteria. Through years of representing those with Autism, I have noticed many common symptoms that are considered severe by the SSA.  These can include, but are not limited to: Social impairments Communication impairments Heightened sensitivity to noise, food, clothing, etc. Repetitive behaviors Other medical conditions linked to Autism This brief list is not intended to be all inclusive because Autism is on a spectrum, and the symptoms may vary in severity and existence from individual to individual. The ability to function may also vary greatly from person to person so, as an attorney representing children or young adults with Autism, it is very important to identify which symptoms are the most severe. When preparing clients for a disability hearing, I try to ask as many questions concerning their disability to find out what aspects … Continued

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April 19, 2018

Hip Pain and Social Security Disability

Hip degeneration or injuries can be very disabling. Over time, you may notice increased inflammation, swelling, or significant pain. If you are unable to work because of a hip impairment, you may be eligible for disability benefits from the Social Security Administration. If hip impairments or other conditions prevent you from working, you may want to consult an attorney right away to discuss whether you should apply for disability benefits. Do your injuries cause you to use a cane, walker, or wheelchair to get around? If your medical provider has given you a prescription for one of these assistive devices, you should keep a copy. That prescription can prove to Social Security that your assistive device is medically necessary. The need for an assistive device can significantly reduce the number of jobs that can be performed in a work setting. Social Security also evaluates disability claims using its Listing of Impairments, which outlines certain criteria that Social Security can use to determine whether a person is disabled. Typically, Social Security evaluates hip or joint impairments under Listing 1.02- Major Dysfunction of a Joint(s). In order to prove the severity of your condition, objective testing such as MRIs, x-rays, or CT scans are crucial. Additionally, medical records from surgeries, physical therapy, or injections can show your current level of functioning. Social Security will consider limitations you have sitting, standing, or walking that are caused by your hip impairments. It is important to show Social Security that you are complying with your treatment plan, especially if your symptoms are not resolving. If your limitations prevent you from performing or keeping a job, it may be in your best interest to consult with an attorney to help you through the Social Security disability process.  Hip degeneration is not the only  impairment that our … Continued

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February 19, 2018

Knee Pain and Social Security Disability

Can I receive Social Security Disability for knee pain?  Have you suffered an injury to your knees or experienced gradual deterioration in your knees that limits your ability to work? Knee pain can be so severe that an individual is not only unable to stand for long, but it can also limit his/her ability to tolerate prolonged sitting.  When it comes to weight bearing joints like the knees, daily exertion can lead to worsening symptoms.  Common problems include pain, swelling, and instability.  If you are unable to work due to knee problems, I suggest you apply for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income immediately. The inability to stand, walk, or ambulate effectively can limit the performance of most jobs above the sedentary level.  Many vocational experts (VEs) state that most jobs performed while standing up require the ability to stand or walk at least six hours out of an eight-hour day.  If a cane or other assistive device is required, it may prevent the performance of any competitive employment.  In my experience, the number of jobs can greatly decrease if a claimant has been prescribed a cane or walker.  Limiting the number of jobs a claimant can perform, known as eroding the job base, can be the key to a favorable Social Security determination. Many of my clients with chronic knee problems report swelling and pain, even while sitting.  Sometimes, they report that elevation of their legs can reduce that swelling and pain.  Many VEs will testify in disability hearings that elevation of the legs over a certain height can preclude work at the sedentary exertional level.  A statement from a qualified medical source supporting the need to elevate the legs, the height of the elevation, and the duration of the elevation can be crucial to establishing … Continued

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November 17, 2017

Can I Receive Social Security Disability for an Anxiety Disorder?

I represent many people with mental disorders, and anxiety is no exception.  This diagnosis can stand alone, or at times, it may be accompanied by other mental and physical disorders.  I have found that some of my clients’ symptoms from anxiety can be so severe that they are unable to interact with friends, family, or even leave their house to do routine activities.  With severe symptoms, the thought of dealing with the public, co-­­workers, and supervisors can be difficult, if not impossible.  In my experience, to win a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim, essential information from a treating qualified mental health professional is generally needed. Anxiety can also cause problems with maintaining focus.  My clients often report issues with racing thoughts, trouble focusing, increased phobias, problems with change in routine, or difficulty sleeping at night.  Additionally, panic attacks can be a major issue for clients who suffer from anxiety.  These attacks can have varying degrees of frequency, duration, or severity; they can even lead to a need for emergency medical treatment.  Any of these symptoms can cause issues in the workplace that would prevent an individual from staying on task and completing a work day. By showing the Social Security Administration that you experience these symptoms through medical records or testimony, it can strengthen your claim for disability benefits. The Social Security Administration recognizes Anxiety Disorder in its Listing of Impairments under Listing 12.06.  At times, it can be difficult to meet or equal one of these listings, so it is important to receive treatment and have records from hospitalizations, treatment and progress notes, and any medical source statements your mental health professional can provide. Compliance with treatment can be a huge factor in receiving disability payments.  If you are not taking medications as … Continued

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