here
April 30, 2010

Autism and Social Security Disability

Autism is recognized by the Social Security Administration (SSA) as a disabling condition. Autism is a neurodevelopment disorder that affects social interaction and communication skills. Some symptoms of autism include, but are not limited to, repetitive or restricted behavior or lack of communication. The majority of Attorney Scott Lewis‘ disability clients attempting to receive disability benefits for autism have been children. While most of these clients are children, adults with autism may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. Indiana disability claimants facing this impairment may be entitled to disability benefits. Found in the SSA’s Listing of impairments, Section 12.10, Autistic Disorder and Other Pervasive Developmental Disorders (in both the adult and childhood listings) are the criteria required by the SSA for meeting the requirements for people with autism. There are several different types of autism including, but not limited to, Classic Autism and Aspergers Syndrome.  According to the SSA, the required level of severity for these disorders is met when the requirements in both A and B are satisfied. A.  Medically documented findings of the following:  All of the following for autistic disorder: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; and markedly restricted repertoire of activities and interests; OR Both of the following for other pervasive developmental disorders: Qualitative deficits in reciprocal social interaction; and qualitative deficits in verbal and nonverbal communication and in imaginative activity; AND B.  Resulting in at least two of the following: Marked restriction of activities of daily living; or marked difficulties in maintaining social functioning; or marked difficulties in maintaining concentration, persistence, or pace; or repeated episodes of decompensation, each of extended duration. Many of the types of autism that Attorney Scott Lewis observes are Classic Autism, Aspergers Syndrome, … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

April 28, 2010

Qualifying Disabilities for Social Security Disability Benefits

Indianapolis Social Security Disability Attorney Scott D. Lewis represents claimants that are fighting to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Many of his Indiana clients ask him what disabilities will qualify them for these disability benefits programs. Even though a claimant doesn’t always have to meet one the Social Security Administration’s (SSA’s) Listing of Impairments in order to win their claim, a claimant can win their claim if they do in fact meet the criteris of one the qaulifying impairments. The SSA has listed the criteria for each of these listed impairments that will medically qualify a person for SSDI or SSI benefits. This listing may also known as the SSA’s “Blue Book.” Impairments listed in the SSA’s Blue Book fall under one of the following categories: Musculoskeletal System Special Senses & Speech Respiratory System Cardiovascular System Digestive System Genitourinary Impairments Hematological Disorders Skin Disorders Endocrine System Impairments the Affect Multiple Body Systems Neurological Mental Disorders Malignant Neoplastic Disease Immune System Disorder Every impairment has its own criteria for qualification or approval.  Disabling conditions such as diabetes, high blood pressure, congestive heart failure, personality disorders, anxiety, spine disorders, leukemia, and a variety of other cancers are included in this list of impairments.  Many times, the disability examiner that is reviewing the claimant’s application will simply open the SSA’s blue book and compare the disorder requirements with the medical evidence of the claimant.  If the disability claimant’s supporting medical evidence meets the criteria of the listing, the claimant will be approved for disability benefits.  Unfortunately, not all disabling conditions are included in the SSA’s listing of impairments.  For example, carpal tunnel, fibromyalgia or irritable bowel syndrome are among some of the impairments not listed in the qualifying listing of impairments.  Disability claimants with such conditions might wonder … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

March 22, 2010

Social Security Disability Benefits for Epilepsy

Indianapolis Social Security disability claimants filing a disability claim based on seizure disorder (or epilepsy) often wonder how the Social Security Administration (SSA) evaluates this disorder in order to qualify for  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  To qualify for disability benefits based on this neurological condition, the following two requirements must be met: A claimant must have a specified number of attacks, or episodes, occurring within a specified period of time; and The episodes must occur even with a claimant’s full compliance with prescribed medications.  Simply stated,the disability claimant must demonstrate proof of a seizure disorder diagnonis or epilepsy diagnosis and must also indicate that anti-seizure medication has been prescribed, is being taken as directed, and that attacks continue to occur regardless of medications being taken. At what frequency must these attacks take place in order to qualify for Social Security disability benefits? According to the SSA, it depends on the type of epilepsy, or seizure disorder, that a disability claimant has. There are two types of seizure disorders that are addressed.  These seizures include convulsive epilespy and non-convulsive epilepsy. If a claimant’s particular form of seizure disorder is classified as “convulsive epilepsy” (grand mal seizures), such seizures must occur more frequently than once per month, in spite of at least 3 months of prescribed treatment. If these convulsive seizures occur during the day, these seizures must also involve loss of consciousness and convulsions.  If they occur at night, they must have the effect of interfering with the individual’s activities on the following day. If a claimant’s seizure disorder is classified as “non-convulsive epilepsy” (petit mal seizures or focal seizures), such seizures must occur more frequently than once per week, in spite of at least 3 months of prescribed treatment. Additionally, non-convulsive seizures must involve either loss of consciousness, alteration of awareness (for … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

March 12, 2010

Social Security Disability Benefits for Multiple Sclerosis

Indiana Social Security disability claimants living with multiple sclerosis (MS) who are unable to work due to their MS related disability and/or other conditions, may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The Social Security Administration (SSA) recognizes MS as a chronic illness or “impairment” that can cause disability severe enough to prevent an individual from working. Disability claimants applying for Social Security disability benefits on the basis of multiple sclerosis can be approved for benefits in one of two ways: By means of a medical vocational allowance; or By meeting the SSA’s Listing of Impairment, Section 11.09 Mutlitple Sclerosis In order to be approved for disability benefits by means of a medical vocational allowance, a claimant’s medical records must show that their condition is severe and has lasted, or can be expected to last, for a period of not less than twelve months. During this actual or estimated twelve month period, the claimant’s condition must also prevent them from working at a job they have done in the past, and prevent them from engaging in other work. The SSA’s Listing of Impairment, Multiple Sclerosis, specifically identifies the criteria required to meet this listing. In summary, the listing provides for three types of criteria that a claimant should meet in order to be awarded disability benefits.  A claimant must meet only one of the following three categories in order to qualify: Motor function impairment Visual impairments Mental impairments If you have any of the following symptoms, or any combination of these or other symptoms, that prevent you from working, you may qualify for Social Security disability benefits: Experience difficulty with walking, standing, and other motor skills Experience difficulty with seeing Speech impairment Find it difficult to concentrate or complete simple tasks Experience difficulty with remembering Have extreme fatigue  … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

March 2, 2010

Pain and Social Security Disability Benefits

Indiana Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits claimants often experience pain from their disability, but find it difficult to explain the level of pain to the Social Security Administration (SSA). It may be likely that pain interferes with the claimant’s ability to work. So, how does a SSDI or SSI claimant prove to the SSA that the pain they experience limits their ability to working? Indianapolis Social Security Disability Lawyer, Scott D. Lewis, has represented claimants that experience pain causing them to be unable to work.  In these cases, it is important to effectively prove to the SSA that this pain prevents the claimant from performing their job and any other job.  Since pain is subjective, it may be hard to describe.  Pain is not a visible condition which makes it even harder to prove.  It is essential to identify the physical location of the pain.  Attorney Scott Lewis may ask his clients to rate their level of pain on a scale from one to ten, one being minimal pain such as a mild headache and ten being excruciating pain so severe that the individual must go to the hospital.  It is important not to exaggerate your pain because it may destroy your credibility in front of an Administrative Law Judge (ALJ).  When alleging pain, it is important to be credible.  Claimants should be specific about the level of pain during certain times.  For example, if you have constant pain at a level 5 but the level increases when you vacuum the house to a level 10, then the claimant should describe this change when performing certain activities.  If there is something that specifically triggers your pain, this triggering activity should be described.  For example, if you experience pain in your back from walking or if you experience migraine headache pain … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

February 24, 2010

Cancer and Social Security Disability Benefits

Indiana Social Security disability claimants diagnosed with cancer, often find themselves being denied Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits. As most cancer patients know, the typical reaction once diagnosed with cancer is the fear of dying. Many cancer patients undergo extensive treatment for their cancer. This treatment can include chemotherapy or radiation therapy. This treatment often causes side effects causing the patient pain and other unpleasant symptoms . As though this is not enough for a cancer patient to experience, it may not be a disabling condition that is guaranteed to receive disability benefits in the eyes of the Social Security Administration (SSA). You may wonder what it would take for the Social Security Administration (SSA) to award a cancer patient disability benefits. To qualify for SSDI or SSI benefits, any disability must last or be expected to last for at least twelve consecutive months or the disability must expect to result in death. This includes claimants with cancer. Fortunately, some disability claimants respond to treatment and may not necessarily need the assistance of an experienced Social Security disability attorney.  To obtain Social Security disability benefits from the SSA, it is imperative to understand what the SSA will consider in determining your disability. The SSA will consider to what extent the cancer is involved, frequency, duration and how responsive the disability claimant is to treatment.  In addition, the SSA will consider where the malignancy began (origin) and what effects post-therapeutic residuals have on the cancer patient. Social Security disability claimants filing an appeal might find it beneficial to consider the SSA’s “Listing of Impairments” to determine if the cancer they experience is acknowledged by the SSA.  In the Listing of Impairments, Section 13.00 Malignant Neoplastic Diseases, you will find: Lung Cancer Leukemia Breast Cancer Cancer of the Head and Neck Sarcoma … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

February 15, 2010

Arthritis and your Social Security Disability Appeal

Are you a Social Security disability claimant suffering from arthritis and have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Is your disabling condition preventing you from working but you’ve received an unfavorable decision from the Social Security Administration (SSA) regarding your disability claim?  Indiana disability claimants with arthritis often ask how they can win their disability claim after they have been denied. It’s important to understand how to get approved for Social Security disability benefits.  In all Social Security disability claims, the SSA will review the claimant’s claim by using their 5 step sequential process.  In summary, these five steps include: Is the claimant working? Is the disability severe? Is the claimants disability or condition in the SSA’s listing of qualifying impairments? Is the claimant able to do work that they previously performed? Is the claimant able to perform any other type of work? If you are a claimant with severe arthritis who is unable to work, you may qualify for SSDI or SSI benefits.  Arthritis is one of the leading disabilities for benefits.  Arthritis is included in the SSA’s Listing of Impairments, Section 1.00, Musculoskeletal Disorder.  Some categories of this section include Inflammatory Arthritiis and Degenerative Arthritis.  A claimant with Inflammatory Arthriits (such as Rheumatoid Arthritis) should experience persistent swelling, pain and limitations to the joints to qualify for Social Security disability benefits.  The limitations to the joints may include limitations to: hips; shoulders; knees; elbows; ankles; wrists; or hands. A claimant with Degenerative Arthritis (such as Osteoarthritis) should safisfy the SSA’s requirement if they are experiencing limitations with their arms and hands or if they have significant issues with walking or standing.  Individuals with neck or back problems due to their Degenerative Arthritis must have persistent sensory, motor & reflex loss in order to qualify for disability benefits. It … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

February 8, 2010

Degenerative Disc Disease and Social Security Disability Benefits

The quality of life Indiana residents experience can be greatly diminished by Degenerative Disc Disease. Due to chronic pain in the lower back, buttocks, thighs, hips, and legs may make it difficult to be gainfully employed. Disability claimants sometimes find themselves having extreme difficulty walking, standing, and even sitting for short periods of time. Other symptoms can include the inability to lift even light objects, experiencing pain when bending and twisting, and numbness and tingling in the extremities. Does any of the above sound like things you experience on a daily basis?  If so, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Degenerative Disc Disease and other back impairments can be severe enough to limit your activities of daily living in such a way that you are simply unable to function in a way that you can be gainfully employed. So if you find yourself in this situation, you may ask what to do. If you are financially able, it may be beneficial to see a physician, preferably a physician that specializes in this type of disorder. Get appropriate testing such as an MRI, and remember the Social Security Administration (SSA) considers whether you follow your physician’s advice concerning treatment. Some treatments can include: physical therapy, anti-inflammatory medications, spinal injections, and  surgery. Disabling back conditions and Degenerative Disc Disease are no secret to the SSA.  Many disability claimants’ experience severe chronic back pain.  If your back impairment does not rise to the above stated levels, but you experience other phyical and mental impairments, the SSA may consider you disabled due to a combination of impairments.  The above is not intended as medical advice, just a brief summary as to what an experienced Social Security Disability Appeals Attorney has come into contact with. If … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

January 29, 2010

Back Pain and Social Security Disability Benefits

How does the Social Security Administration evaluate back pain?  In order for an Indiana Social Security disability claimant to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, the claimant may receive disability benefits by meeting the Social Security Administration’s (SSA) criteria defined in the SSA’s Listing of Impairments, Section 1.00 Musculoskeletal Disorders. Back pain may be due to injury, aging, accident or even may be the result of a medical disorder or condition such as scoliosis.  Regardless of the cause of the claimant’s back pain, the pain may prevent the claimant from working.  If that is the case, the claimant may find it beneficial to meet the SSA’s criteria in Section 1.04 Disorders of the Spine to be awarded SSDI or SSI benefits.    Disorders of the spine include the following impairments: Degenerative disc disease Osteoarthritis Herniated nucleus pulposus Spinal stenosis Spinal arachnoiditis In Indianapolis Social Security Disability Attorney Scott Lewis‘s experience, he finds that most claimants have difficulty obtaining SSDI or SSI benefits for chronic back pain at the initial stages of the claim.  Scott advises that if you have been denied disability benefits at the initial level or reconsideration level, to continue to pursue your claim.  Often, the claimant will have a higher chance of being awarded disability benefits when they appear in front of an Administrative Law Judge (ALJ) at a disability hearing.  Because back pain is so common among claimants, it is extremely important to have supportive medical documentation regarding your disorder. It’s even more important to prove that your back pain is causing more than the mild to moderate discomfort that is common among everyone at some point.  The claimant should prove that their condition is severe and it prevents the claimant from performing simple jobs that require sitting.  Some ALJ’s may look for the following when reviewing your claim: MRI reports showing evidence of problems in your back … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author:

January 26, 2010

Obtaining Social Security Disability Benefits for Depression

Does major depression keep you from getting and/or keeping a job? Many Indiana residents find themselves receiving a denial letter from the Social Security Administration (SSA) when attempting to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Indianapolis Social Security Disability Attorney Scott Lewis has found that, at the hearing level, Social Security judges (also known as Administrative Law Judges) are looking for particular things before they will grant a favorable decision on such claims. One of the first questions that a claimant may want to ask themselves is “Can I do a simple unskilled job, or do my depression symptoms keep me from doing this type of work?” If your depression prevents you from doing even simple unskilled jobs, you may be eligible for disability payments. In reality, it is not quite that easy because the SSA is going to want detailed medical information documenting your condition. The best scenario to win your Social Security disability claim would be an ongoing relationship with a qualified health care provider. At the law office of Scott D. Lewis, Attorney at Law, LLC, Lawyer Scott Lewis finds that a psychiatrist or psychologist is usually the most helpful in these types of claims. If the health care providers have detailed descriptions of how your depression affects you in everyday life and prevents you from carrying out normal activities of daily living, this can greatly enhance your chances of receiving SSDI or SSI benefits. One of the ways a claimant may win a Social Security disability case for depression is to meet the SSA’s Listing of Impairment, 12.04 Affective Disorders. This listing deals with depression. Just a few items that the SSA may look for may include: Sleep disturbance Psychomotor agitation or retardation Anhedonia or pervasive loss of interest in almost … Continued

Filed under: Qualifying Disabilities and Impairments
0 comments || Author: