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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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October 26, 2017

Social Security Disability and Diabetes

In my Indianapolis, Indiana Social Security disability practice, I handle numerous cases involving Diabetes.  Since there can be so many varying degrees of severity with Diabetes, I try to find out how it affects each individual client regarding their ability to work.  The Social Security Administration (SSA) recognizes Diabetes as a disabling condition either by itself or combined with other severe impairments. Diabetes can occur when the body does not produce enough glucose due to a lack of insulin.  Medical treatment and dietary control can sometimes help to control Diabetes, but other times it does not.  Uncontrolled Diabetes can create a variety of symptoms and these can include but are not limited to: Neuropathy (Nerve damage in the feet and/or hands. This is by far the most common symptom I see in my practice.) Retinopathy (Vision impairment) Fatigue Nephropathy (Kidney disease) Extreme hunger and/or thirst Frequent urination Just having the above symptoms is not enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  They must be severe enough to meet or equal one of the SSA’s Listing of Impairments or prevent you from working a full-time job.  Most of my clients with Diabetes say that the neuropathy they experience makes them unable to work.  They complain of numbness and/or tingling in their hands and/or feet that prevents them from standing and walking or using their hands for fine and gross manipulation. As with all disability claims, medical documentation can be essential to a favorable outcome.  Compliance with medical treatment can show that even though you are taking prescribed medication (including insulin), your severe impairment still exists.  Objective testing such as nerve conduction studies for neuropathy and vision tests for retinopathy can go a long way in convincing an Administrative Law Judge (ALJ) that you are … Continued

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July 31, 2017

Can I Receive Social Security Disability for Bipolar Disorder?

The Social Security Administration (SSA) recognizes Bipolar Disorder as a disabling condition that can result in disability payments.  My clients often tell me Bipolar Disorder prevents them from getting and keeping a job.  While the symptoms may vary from person to person, I see many of my clients simply not having the ability to concentrate or focus long enough to maintain employment. The SSA acknowledges Bipolar Disorder in its Listing of Impairments under listing 12.04 Depressive, Bipolar, and Other Related Disorders.  If you meet or equal this listing, you may be eligible for benefits.  However, there also may be technical criteria that must be met.  Since there is no objective testing that can show the presence of Bipolar Disorder; hospitalizations, ongoing therapy records, and medication compliance may be the key to receiving benefits. In my Social Security Disability practice, one of the challenges to these cases can be consistent and ongoing therapy records, as the diagnosis of Bipolar Disorder is not going to be enough.  The SSA generally wants to see a client-patient relationship documenting the ongoing mental illness and compliance with medications prescribed.  If the symptoms still exist after pursuing consistent treatment, then your claim may be given greater weight. A medical source statement from a treating mental health specialist can help the Social Security Administration and/or an Administrative Law Judge (ALJ) determine your condition is severe enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Some health care professionals are unwilling to produce these types of documents, but it may be in your best interest to ask if they will take the time to do so.  In my experience, these statements should contain a clear diagnosis, how long the condition has lasted and is expected to last, the symptoms, and an opinion on … Continued

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June 12, 2017

Is Your Back Pain Preventing You From Working?

I have represented thousands of my Indiana neighbors in their Social Security disability claims, and I can easily say back pain is the most common disabling condition I see.  This pain can be so severe an individual cannot stand, walk, or even sit for any extended period of time.  These types of postural limitations can create an inability to hold down any type of job.  Many of my clients need to change positions constantly, lie down, and take very strong medication just to make the pain bearable. When reviewing your case, there are specific things the Social Security Administration (SSA) will examine.  For example, do you have objective testing showing the severity of your condition?  Just complaining about back pain is usually not going to get you benefits.  Objective testing like X-rays and MRI’s indicating the severity of your condition can be key in a finding of disability. Are you complying with or seeking appropriate treatment?  In my experience, the SSA and most judges want to see that you are trying to make your back better.  This is often done through medication, physical therapy, electrical stimulation, injections, and surgeries.   Exhausting some, or all, of these avenues and still experiencing severe pain can show the SSA you are complying with treatment and that the pain still persists. The SSA has various rules it uses when evaluating back problems.  It can find you disabled by using its Listing of Impairments or by deciding whether or not you have such severe functional limitations you are unable to work an eight-hour day, five days a week.  It is also important to remember the SSA will examine all of your impairments in combination when deciding if you are disabled.  Many of my clients have more than one severe impairment that is creating their inability to … Continued

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April 26, 2017

Breathing Problems and Social Security Disability

Many of my clients having breathing problems as either their sole issue or as just another problem among the many they experience. Breathing problems such as Emphysema, Asthma, COPD, or any other impairment can make it extremely difficult to work.  Sometimes it is very apparent just by talking to an individual, while other times it is more obvious when they are exerting themselves.  The Social Security Administration (SSA) does consider breathing problems when determining a disabling condition.  It may be wise for you to file a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim if you find this or any other condition prevents you from working. My clients often complain that their breathing problems cause many symptoms including but not limited to: Shortness of Breath Fatigue Chest pain Constant coughing Wheezing Chronic Respiratory Infections Unfortunately, many lung problems can be permanent in nature. As with all disabling conditions, the SSA will usually need medical documentation to prove your disabling condition.  A Pulmonary Function Test may help to persuade the SSA your condition is severe enough to receive disability payments.  The Social Security Administration examines pulmonary disorders under the provisions in its Listing of Impairments.  Listing 3.00 Respiratory Disorders outlines the information the SSA uses to determine if a person meets or equals this disabling condition. Receiving the correct type of treatment can be the key to a successful outcome in a Social Security disability appeal. A qualified pulmonologist may be able to provide the medical documentation needed for the SSA to grant your claim.  It is important to remember to let the SSA know you have issues with your breathing, even though it may not be your primary reason for filing a disability claim.  The SSA can consider all of your impairments in combination when deciding if … Continued

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December 20, 2016

Digestive Problems and Social Security Disability

The impact of digestive problems can be very disabling. I have seen a large increase in the amount of these cases in my practice.  Whether it is due to better detection by physicians or an ever increasing amount of individuals suffering from these disorders, it is obvious these conditions can make a huge impact on a person’s life. While it may seem to you that the Social Security Administration (SSA) does not understand the difficulties you are experiencing, they do acknowledge these disorders in its Listing of Impairments. Listing 5.00 Digestive System-Adult may address a condition you are experiencing.  The Listing of Impairments is a guideline the SSA uses to establish criteria they acknowledge as disabling.  The SSA will usually not only send you to a consultative examination, but obtain and review your medical records from treating physicians to determine if you meet these guidelines.  Unfortunately, in my experience, many individuals are not found disabled on initial application and find themselves appealing their Social Security Disability (SSDI) and/or Supplemental Security Income (SSI) claim. The SSA should determine your Residual Functional Capacity (RFC). Your RFC is basically what your limitations are after your impairments are taken into account. I find many of my clients have symptoms such as, but not limited to: Diarrhea Constipation Abdominal pain Nausea Vomiting Bloating Bleeding Obviously, these are only a representative sample of symptoms. The severity of these symptoms vary greatly among my clients.   The SSA may find you disabled because of the severity of these symptoms. Your symptoms could cause you to be off task too often to compete in a work environment.  You may also have too many absences due to your health to maintain employment.  Digestive issues can create a number of problems that make you unable to work.   I represent … Continued

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November 25, 2016

Should I Bring a Cane To My Social Security Disability Hearing?

Many of my clients need an assistive device to get around more easily. The need for a cane, crutches, walker, or wheelchair may be necessary to walk even the shortest of distances.  Asking if you need to bring one of these items to your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing should not even be a question.  You either need this type of assistance or you do not.  The inability to ambulate effectively is necessary to fulfill a wide variety of jobs above the sedentary (Sitting) exertional level.  The need for such an item can erode the job base and can enhance your chances of winning your claim. Is it good enough just to go pick up a cane at the local pharmacy without a prescription or maybe borrow one from a relative? Many Administrative Law Judges (ALJ’s) will require you to have a prescription for an assistive device from your treating physician in order to recognize it as being medically necessary.  Many judges will not acknowledge the need for a cane without a physician stating it is necessary even though you may have been using it for years.  Documentation from treating sources can be key in a successful Social Security disability claim. Any medical source statements showing your inability to stand or walk for any extended duration may also convince the SSA that you are unable to perform certain types of occupations. As you age, and at the same time, have never engaged in or acquired transferable skills to a sitting occupation the SSA may find you disabled pertaining to medical vocational guidelines they use to make a finding of disability.  In Social Security’s world you inability to walk and stand can be a major factor in a finding of disability. In summary, this blog … Continued

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August 19, 2016

If I Had a Stroke, Can I Receive Social Security Disability?

The Social Security Administration (SSA) can determine whether or not you can receive disability payments for the after-effects of a stroke.  While there are two separate disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), the medical requirements to receive payments are the same.  The mental and physical residuals from a stroke can make it difficult, if not impossible, to maintain full time employment. Your first step is to file an initial application.  Some individuals who have suffered a stroke may have difficulty even starting the application process due to difficulties with communication, memory, and typing or writing.  Get help from a friend or family member to start the application if you need to; Social Security recommends that you designate a “third party” whom they can contact if they need additional information.  The application process is designed by Social Security to be completed by an individual without the assistance of an attorney or representative.  However, I have helped many clients file an initial application because they preferred to have the help of someone familiar with the process.  For someone dealing with memory loss, difficulty speaking, and problems getting around, it can be helpful to have an attorney or representative take charge of the case to make sure everything gets submitted on time and to patiently assist with the completion of Social Security’s forms and questionnaires. How does the SSA evaluate individuals suffering from a stroke when determining disability?  First, they decide whether you “meet a listing.”  The SSA publishes a Listing of Impairments that details the information they consider for each specific condition.  Stroke is covered in the listing for neurological impairments under Section 11.04.  What happens if you do not meet or equal the listing for stroke?  Social Security then evaluates whether your residual functional capacity … Continued

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February 24, 2016

Social Security Disability for Breast Cancer

While many people fully recover and are able to return to work after being diagnosed with breast cancer, some do not.  Unfortunately, for some people, the treatments and procedures do not work, or they not work well enough to allow the patient to return to her previous level of functioning.  The Social Security Administration (SSA) recognizes breast cancer and other types of cancers as disabling conditions. Even though a breast cancer diagnosis can be scary and life-altering, in my Indianapolis Social Security Disability practice I see many of these types of claims denied.  Here are a few common reasons Social Security gives for denying breast cancer claims: Your condition has not lasted, or is not expected to last, twelve months or longer.  Often, the Social Security reviewers will review your diagnosis and medical records, see that you are receiving treatment, and conclude that you will improve enough to return to work within twelve months from the date you were diagnosed.  If that turns out to be the case, then you will not be eligible for Social Security Disability or Supplemental Security Income benefits, no matter how severely you were disabled during the months you were receiving treatment.  However, for many people, treatment extends beyond twelve months or leaves them with residual symptoms that do not improve, even if the cancer goes into remission.  For example, some of my clients acquire neuropathy in their arms from the effects of chemotherapy, and others have painful scarring that prevents them from being able to use their arms the way they used to.  Therefore, even if Social Security denies your claim because you are expected to get better, it is a good idea to appeal that denial to keep your claim going in case your recovery does not go as well as expected. Your … Continued

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December 31, 2015

Can I Get Social Security Disability For COPD?

If your symptoms are severe enough, Social Security can find you disabled if you have chronic obstructive pulmonary disease (COPD).  However, a diagnosis on its own is not enough.  In my practice, I find that COPD is disabling to my clients in two ways – either because their COPD symptoms are so severe that they are unable to work, or because their COPD symptoms combine with symptoms from other impairments to keep them from working. I am surprised at how many of my clients have breathing difficulties.  Their diagnoses range from asthma to emphysema.  My experience with clients with breathing problems is that their symptoms generally do not improve with time.  If you find you are unable to work due to COPD or any other breathing problem, it may be in your best interest to apply for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) as soon as possible. The Social Security Administration (SSA) examines COPD in its Listing of Impairments under listing 3.02 for chronic pulmonary insufficiency.  The listings in section 3 cover many other types of respiratory impairments as well, including asthma, cystic fibrosis, bronchiectasis, persistent pulmonary infections, and cor pulomale due to chronic pulmonary vascular hypertension.  If you have COPD or any other respiratory problem, Social Security will probably order a “pulmonary function test” to objectively determine the extent of the obstruction to your airways.  If you are already being treated by a pulmonologist, you may have already had one or more pulmonary function tests performed.  Social Security will request records from your doctor, which will include these test results as well as your doctor’s diagnoses and clinical impressions. Another way to meet the requirements of the listings in section 3 is to show that you have frequent respiratory exacerbations that require physician intervention.  If … Continued

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