October 7, 2010
Arthritis is one of the leading causes of disability. Indiana disability claimants suffering from arthritis may qualify for Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) if the claimant meets the criteria set by the Social Security Administration (SSA). Indianapolis Social Security Disability Attorney Scott Lewis is experienced in representing claimants with various types of arthritis. Many Indiana residents suffer from arthritis and are unable to work due to their condition. How does a person suffering from arthritis qualify for Social Security disability benefits? As all disabling conditions, the SSA uses a 5 step sequential evaluation process to determine if a disability claimant will receive SSDI or SSI benefits based on arthritis. In Step 1 of the evaluation process, the SSA wants to know if the claimant is working. In this step, the SSA simply determines if an individual is “working.” If so, the claimant must prove that they are earning less than the monthly Substantial Gainful Activity (SGA) set by the SSA. Earning more than the monthly SGA amount is enough for the SSA to deny the disability claimant’s SSDI or SSI application. In the next step of the evaluation process, Step 2, the SSA will ask if the claimant’s arthritis is severe. The impairment must be severe enough to significantly limit the claimant’s ability to perform basic work activity. In addition, the arthritis must last, or be expected to last, for a continuous period of not less than 12 months. It’s the claimant’s responsibility to prove that the disabling condition such as arthritis is severe enough that his or her ability to perform basic work activities are limited and will last a minimum of 12 months. If a disability claimant suffering from arthritis can pass Steps 1 & 2 of the evaluation process, the SSA will continue to Step 3 of the evaluation process. In Step 3, the SSA … Continued
Filed under: Qualifying Disabilities and Impairments || Tagged under: arthritis, attorney, disability, Indiana, indianapolis, lawyer, social security, ssa
0 comments || Author: Scott Lewis
September 29, 2010
Indianapolis Social Security disability Attorney Scott Lewis often talks to potential clients about disabling conditions that are very difficult to live with. Irritable Bowel Syndrome or IBS can affect a Social Security disability claimant’s life in such a way as to make it impossible to maintain a full time job. For that reason, individuals with Irritable Bowel Syndrome may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Irritable Bowel Syndrome may cause abdominal pain and cramping among other painful symptoms. It can also be characterized by periods of loose stools and periods of constipation. This painful condition can intrude on almost all aspects of a person’s life. While there may be physical disabilities associated with IBS, there may also be mental disabilities including anxiety, stress, and even depression. How does the Social Security Administration (SSA) look at Irritable Bowel Syndrome? The Social Security Administration recognizes Irritable Bowel Syndrome in its Listing of Impairments under Listing 5.06 Inflammatory Bowel Disease (IBD). What happens if your case of Irritable Bowel Syndrome does not precisely meet the listing? You may still be able to win your Indiana Social Security disability claim or Indiana Social Security disability appeal. If you can show Irritable Bowel Syndrome effects you in such a way that you cannot perform substantial gainful activity. Your Irritable Bowel Syndrome may prevent you from working because you have to take unscheduled breaks. Most employers are unable to tolerate a worker that cannot stay on task for certain periods of time. Indiana residents that suffer from Irritable Bowel Syndrome or IBS and are unable to perform work like activity because of this disabling condition may want to consult with a Social Security disability attorney to evaluate their claim. Many disabilities such as Irritable Bowel Syndrome can be difficult to discuss, but it is important for Indiana and Indianapolis Social Security disability claimants to … Continued
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, bowel, disability, ibs, Indiana, indianapolis, irritable, lawyer, social security, ssa, syndrome
0 comments || Author: Scott Lewis
September 2, 2010
Many Indiana residents experience some degree of hearing loss. The Social Security Administration (SSA) has some programs that provide disability benefits to people with permanent impairments such as hearing loss. Indianapolis Social Security disability claimant’s with hearing loss may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if they meet the criteria required by the SSA in the SSA’s “Listing of Impairments”. To determine whether you qualify for such benefits, the SSA’s criteria for hearing loss can be found in the SSA’s “Listing of Impairments,” Section 2.0, Special Senses and Speech. There are two different listings for hearing loss on the Social Security Administration’s Listing of Impairments. In Section 2.10, criteria is defined for people who have hearing loss and do not have a cochlear implant. In Section 2.11, criteria is defined for disability applicants who have had a cochlear implant. What evidence should a disability claimant provide the SSA to help win their disability claim? The SSA will need evidence showing that you have a medically determinable impairment that causes your hearing loss and audiometric measurements of the severity of your hearing loss. Generally, the SSA requires both a complete otologic examination and audiometric testing to establish that the claimant has a medically determinable impairment that causes the hearing loss. Once the SSA has evidence that the claimant has a medically determinable impairment, the SSA can use the results of audiometric testing to assess the severity of the hearing loss without another complete otologic examination. Test scores together with any other relevant information about your hearing may help support your disability claim. It’s important to know the SSA’s requirements in order to successfully submit medical evidence in support of your claim. The SSA requires that the complete otologic examination must be performed by a licensed physician (either medical or osteopathic doctor). This exam must include the following: medical history, description of how the … Continued
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, hearing, hearing loss, Indiana, indianapolis, lawyer, loss, social security
0 comments || Author: Scott Lewis
August 31, 2010
Many Indiana residents wonder if they can receive Social Security Disability benefits for Non-Hodgkin’s Lymphoma. Non-Hodgkin’s Lymphoma is listed on the Social Security Administration’s website under the Listing of Impairments. Section 13.05 outlines the necessary conditions that need to be met to possibly receive Social Security Disability benefits. Section 13.05 states that a person can have either aggressive (fast-moving) or indolent (slow-moving) Non-Hodgkin’s Lymphoma and may be eligible to receive Social Security Disability benefits. Non-Hodgkin’s Lymphoma is a type of blood cancer that starts in a person’s lymphatic system. Your lymphatic system is the disease fighting part of your body; this may cause tumors to develop from your white blood cells. Symptoms may include: Swollen Lymph Nodes Abdominal/Chest Pains Fatigue Fever Night Sweats Weight Loss There is no clear cause of Non-Hodgkin’s Lymphoma but there are some risk factors. These may include: old age, certain infections, chemicals, and medications that suppress the immune system. Non-Hodgkin’s Lymphoma is far more prevalent than Hodgkin’s disease. Non-Hodgkin’s Lymphoma is the sixth most common type of cancer in men and fifth most common in women in the United States. There are many different kinds of Non-Hodgkin’s Lymphoma. They can all be divided into two categories: fast-moving and slow-moving. Non-Hodgkin’s Lymphoma is formed by B-cells or T-cells. Indiana residents who suffer from Non-Hodgkin’s Lymphoma may not be able to carry out simple tasks for a job. Chest and/or abdominal pain and fatigue may prevent a person from keeping a steady job. If you are an Indiana resident attempting to get Social Security Disability because you are unable to preform work-like activities, you may want to contact a Social Security Disability Lawyer or representative to discuss your options.
Filed under: Qualifying Disabilities and Impairments || Tagged under: disability, Indiana, indianapolis, lymphoma, non-hodgkin's, non-hodgkins lymphoma, social security, ssa
0 comments || Author: Scott Lewis
August 30, 2010
Indiana Social Security disability claimants diagnosed with Multiple sclerosis may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Multiple sclerosis (MS) is a neurological condition that affects around 300,000 people in the United States. Multiple Sclerosis is a disease in which the fatty myelin sheaths on the axons of the brain and spinal cord are damaged. MS most commonly occurs in young adults and is typically more common in females than males. Multiple sclerosis has many forms and can have new symptoms with every attack. Symptoms may include: Weak or numb limbs Loss of vision (usually one eye at a time) Pain during eye movement Shock sensations with head movement Loss of coordination Problems with speech Fatigue Symptoms caused by MS usually happen in attacks or relapses where neurological function is significantly less in an acute period of time. Although studies continue to be performed to identify the causes of Multiple Sclerosis, It is thought there are three main causes that are most likely why an individual has Multiple Sclerosis. The first cause is genetics. It appears there is a greater chance that someone will have multiple sclerosis if it is in the family. The recurrence rate is about 20% in parents to children. The second cause is environmental factors. MS is more common in people who live farther from the equator along with a decreased sunlight exposure. The third cause is infections. Many microbes have been suggested as triggers to MS but none have been proven. Multiple Sclerosis is in Section 11.09 under the Neurological conditions on the Social Security’s “Listing of Impairments.” There are three conditions a claimant must meet to qualify for Social Security disability benefits under this listing. Refer to section 11.09 on the Listing of Impairments on the Social Security Administration’s website … Continued
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, Indiana, indianapolis, lawyer, ms, multiple, multiple sclerosis, sclerosis, ssa
0 comments || Author: Scott Lewis
August 30, 2010
Indiana disability claimants suffering from Reflex Sympathetic Dystrophy (RSD)often experience severe pain that prevents them from holding down a full time job. Often caused by trauma, the pain individuals experience can be chronic and severe in nature and may go to other areas of the body. This condition may also be referred to as Complex Regional Pain Syndrome. If you or someone you know is struggling with Reflex Sympathetic Dystrophy or Complex Regional Pain Syndrome they might be eligible to receive Social Security disability. While currently the Social Security Administration (SSA) does not have a listing in the Listing of Impairments for RSD or Complex Regional Pain Syndrome, this does not mean you cannot win your Social Security disability claim. Many Indiana residents may find due to this disability they cannot sit, stand, walk, or lift objects necessary to maintain employment. Some Indiana residents may find they cannot be at work the required number of days to stay employed because of their disability. Other Social Security disability claimants may find the chronic pain they experience makes them unable to stay on task in their job. Many times, disabled people simply cannot do the required work an employer expects them to do. In these cases, the SSA may agree that you cannot do your old job or any other jobs in the economy. Because of the nature of Reflex Sympathetic Dystrophy and Complex Regional Pain Syndrome it is usually very important for Indiana residents to seek appropriate medical treatment and maintain a good medical record to prove this disabling condition. If your treating physician can describe your functional limitations in his/her progress notes it may enhance your chances of winning your Social Security disability claim.
Filed under: Qualifying Disabilities and Impairments || Tagged under: attorney, disability, dystrophy, Indiana, indianapolis, lawyer, reflex, rsd, social security, ssa, sympathetic
0 comments || Author: Scott Lewis
August 25, 2010
Indiana residents often find themselves with their disability claim denied when they suffer from a learning disability. If you have a learning disability or a combination of disabilities that prevent you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. If you have been turned down for Social Security disability benefits and believe you are entitled to these benefits, do not give up. Many disability claims are turned down in the early stages of a disability claim. Claims involving learning disabilities may be won with appropriate medical and intellectual functioning documentation. Some documentation that may help win a Social Security claim can include school records indicating failing grades, teacher’s notes and progress reports that show inferior work, poor standardized testing scores from academic institutions, and low IQ scores. Other factors that may be taken into account could include the inability to read, write, and understand & follow simple instructions. While many learning disability claims involve children attempting to receive Supplemental Security Income (SSI) benefits, adults may also be disabled from a learning disability or combination of disabilities. Indiana claimants may find some of these claims difficult to win without appropriate medical or academic documentation. Indiana claimant’s testimony at an Administrative Law Judge (ALJ)hearing may help sway the chance of winning in their favor if they can convince the judge their learning disability is severe enough to prevent them from obtaining full time employment. Many individuals with learning disabilities may need a job coach to function in the work place and many times with this finding they may win their Social Security disability claim.
August 16, 2010
Nearly six (6) million of Americans suffer from heart failure every year. Many of these individuals are Indiana residents that may qualify for Social Security disability benefits. The Social Security Administration (SSA) has a set of qualifying disability listings covering the various types of heart impairments referred to in the listing of impairments section 4.1 through 4.12. This listing of impairments discusses a set criteria of requirements that the claimant must meet to be granted monthly Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) Benefits. Although there are other ways to receive Social Security disability benefits, some of the impairments listed under this listing are: chronic heart failure, ischemic heart disease, recurrent arrhythmias, symptomatic congenital heart disease, heart transplant, aneurysm of aorta or major branches, and chronic venous insufficiency. For more information on these impairments and their requirements by SSA, please visit www.ssa.gov. Due to the complexity of the medical terminology and rules in a disability claim for cardiovascular disease, you may want to consider the help of a Social Security Disability Attorney to assist you with your disability claim. Indianapolis Social Security Disability Attorney Scott D. Lewis and his staff may help assist you in submitting all the relevant medical evidence to support your disability claim, as well as attempt to retrieve the opinion evidence from your doctors. Medical evidence may be very beneficial in supporting your SSDI or SSI claim. It is imperative that you prove to the SSA how your heart disease impacts your ability to work. Some of the necessary evidence for your claim can include: reports of the history of your illness from your doctor, physical examinations, laboratory studies, and your prescribed treatment. Scott D. Lewis is an Indiana Attorney that has experience in Social Security disability claims. In his years of experience, Scott D. Lewis has helped many Indiana disability claimants with their disability appeals.
August 11, 2010
Fibromyalgia is a condition that is not fully understood by doctors today. Because of this, some Administrative Law Judges do not think fibromyalgia holds much weight as a debilitating condition. There is a far better chance that you may receive Social Security Disability benefits if your fibromyalgia is paired with another condition such as arthritis or another muscle or skeletal condition. Some symptoms of fibromyalgia include widespread pain, muscle spasms, fatigue, and/or sleep disturbances. The cause for fibromyalgia is not known for sure, but there are some hypotheses including genetics, stress, and a dopamine dysfunction. Because of the lack of knowledge as to what causes fibromyalgia, the Social Security Administration may overlook a case dealing strictly with fibromyalgia. One of the ways to receive Social Security Disability benefits for fibromyalgia, may be that the claimant must show that his/her condition is severe enough to limit their ability to perform simple work operations at most jobs. Some examples of restrictions may be walking, standing, carrying, speaking, and/or completing simple instructions from memory. Scott D. Lewis, Attorney at Law, has worked with claimants suffering from fibromyalgia. In his experience with Social Security Disability law, it may be necessary to show that an Indiana claimant suffers from severe widespread pain for at least three months in 11 of the 18 tender points as established by the College of Rheumatology and the Centers for Disease Control along with other factors. Some Administrative Law Judges may also find an Indiana disability claimant disabled if they can show that fibromyalgia restricts their activities of daily living in such a way that it is obvious that their impairment is severe.
August 10, 2010
Attention Deficit Hyperactivity Disorder (ADHD) is a condition in which attention problems exist simultaneously with hyperactivity. Attention Deficit Hyperactivity Disorder is in the Child Listings Section (Part B) of the Listing of Impairments for the Social Security Administration. >Section 112.11 is the specific section for ADHD. It states that two main requirements must be satisfied. The first is that medical findings must document all three of the following: 1) Marked inattention 2) Marked impulsiveness 3) Marked hyperactivity The second is that for children ages 1 to 3 they must meet one of the age appropriate criteria in paragraph B1 of section 112.02. Also for children ages 3 to 18 they must meet two of the age appropriate criteria in paragraph B2 of section section 112.02 of the Child Listings Section (Part B) of the Listing of Impairments. Some symptoms of Attention Deficit Hyperactivity Disorder may include being easily distracted, forgetting things, not listening when spoken to, and/or becoming easily confused. There are three main known causes of ADHD. The first one is genetics. Studies have indicated that genetics are a factor in 75% of Attention Deficit Hyperactivity Disorder cases. The second cause is Environmental. It has been suggested that about 9% to 20% of ADHD cases can be traced back to alcohol and tobacco abuse during pregnancy. The third cause for Attention Deficit Hyperactivity Disorder is Social. The World Health Organization says that ADHD might be caused by family dysfunction or inadequate education services. Attorney Scott D. Lewis has dealt with Attention Deficit Hyperactivity Disorder (ADHD) clients in his experience in Social Security Disability law. ADHD may affect a child or adult’s performance at work or school. ADHD may prevent an individual from focusing on the task at hand, and they may struggle getting everyday tasks accomplished. Indiana Attorney Scott … Continued