April 14, 2014

Kidney Failure and Social Security Disability Benefits in Indiana

If you suffer from kidney failure, also known as renal failure, you may be eligible for Social Security disability benefits.  Kidney failure is recognized by the Social Security Administration in its Listing of Impairments under section 6.00 – Genitourinary Impairments. Kidney failure is a medical condition in which the kidneys fail to filter the waste products from the blood.  There are two main types of kidney failure: acute kidney injury and chronic kidney disease.  In acute kidney injury, the condition will develop over a short period of time – it can be as little as a few days in some cases.  Chronic kidney disease may take much longer to show signs and symptoms, as it takes much more time to develop.  In order to qualify for Social Security disability benefits, you must have a condition that is expected to last at least twelve months or to end in death. Signs and symptoms of kidney disease may include the following: High levels of urea in the blood, which may result in: Nausea/vomiting/diarrhea Weight loss Blood in urine/nocturnal uniration/unusual amounts of urine Buildup of phosphates in the blood, which may cause: Itching Bone damage Muscle cramps Buildup of potassium, which may result in: Muscle paralysis Abnormal heart rhythms Fluid-filled cysts on the kidneys, causing pain in the patient’s back or side Low amounts of hemoglobin in the blood, which my result in: Tiredness/weakness Memory problems/difficulty concentrating There are two listings for kidney failure in the SSA’s Listing of Impairments.  These listings are summarized below; visit Social Security’s website here for the full text of these listings. Section 6.02 – Impairment of renal function, due to any chronic renal disease that has lasted or can be expected to last for a continuous period of at least 12 months.  To meet this listing, a claimant must … Continued

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

April 8, 2014

Initial Application Process for Social Security Disability Benefits

In my Indiana Social Security disability law practice, I receive many phone calls each day from people who want to know what they need to do to apply for Social Security disability benefits.  Many of them have worked their whole lives, and they are uncertain and afraid because they can no longer provide income for their families.  They need help figuring out whether they qualify for Social Security benefits and what they need to do to start the application process. My staff and I are happy not only to advise people about the application process; we also provide representation for people who are not sure they want to proceed with the initial application on their own.  Some people feel confident enough to go to Social Security’s website to complete the application on their own, or they are willing to wait a few weeks to get an appointment with their local Social Security office to start an application.  However, for those who want professional assistance from the very first step, an attorney or qualified representative can make sure that the application is completed quickly and completely. The majority of people who apply for Social Security disability receive a denial of their initial application.  However, the information you provide in your initial application is the foundation for your entire disability case, so it is important to be as thorough as possible.  Here is a list of a some of the important information you will need to provide in your initial application: Information about past and present marriages, including when you were married or divorced, and identifying information about your spouse(s) The names and addresses of your employers for the past two years How much you earned in wages for the past two years For each of your jobs in the past fifteen … Continued

Filed under: News, Social Security Disability Benefits Claims Process || Tagged under:
0 comments || Author:

March 28, 2014

Expedited Social Security Disability Hearings for Veterans

“Starting March 17, 2014, veterans who have a VA compensation rating of 100% permanent and total (P&T) may receive expedited processing of applications for Social Security disability benefits.” This is a direct quote from the Social Security Administration’s website. This is great news for 100% disabled veterans.  In my Indiana law office, we have already seen the results of this rule.  Social Security has called us to schedule expedited hearings for several of my clients who are disabled veterans, in some cases cutting months off of their expected waiting time for their hearings. Unfortunately, I have had to explain to my clients that just because the VA has assigned them a disability rating of 100% permanent and total, it does not mean that Social Security is required to find them disabled as well.  The Veteran’s Administration and Social Security have different rules and different definitions of disability, so they do not always reach the same conclusion after evaluating the same person.  While your VA disability rating letter is important evidence in your Social Security disability claim, it does not guarantee you will be found disabled.  The only advantage this rule gives to veterans with a 100% VA rating is a faster processing time for their claims. There are a few ways to apply for Social Security Disability benefits: Complete your application online. Call the Social Security Administration at 1-800-772-1213 (TTY 1-800-325-0778 for deaf or hard of hearing). Call or visit your local Social Security Administration office. If you want to apply in person, it is best to call beforehand to schedule an appointment. To receive the expedited hearing: Identify yourself as a “veteran rated 100% P&T” If you apply in person or over the phone, inform the Social Security representative that you have a veteran rating of 100% P&T. If … Continued

Filed under: Hearings Process, News || Tagged under:
0 comments || Author:

March 13, 2014

Bipolar Disorder and Social Security Disability Benefits

Bipolar disorder is a type of mental disorder.  It is usually distinguished by periods of depression that alternate with periods of “mania.”  Sometimes these episodes can be so severe that they impact a person’s ability to live a normal life.  There are five levels of moods associated with bipolar disorder: Severe Mania Hypomania Normal Mood Mild/Moderate Depression Severe Depression Some common signs that go along with these changing moods: Feeling more “high” than normal or very irritable Holding unreasonable beliefs about one’s own abilities Not sleeping much, but having a large amount of energy Talking so quickly that no one else can understand and experiencing racing thoughts Being very distracted or not being able to concentrate Acting very impulsively or recklessly In severe cases, experiencing delusions or hallucinations Bipolar disorder is not curable, but it can be manageable.  Management options may include psychotherapy or medication. The Social Security Administration (SSA) classifies bipolar disorder as an “affective disorder.”  According to the SSA, an affective disorder is “characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.”  Bipolar disorder is listed under Section 12.04 of the Listing of Impairments. When evaluating your Social Security disability case, Social Security will try to determine your “residual functional capacity” (RFC).  Your RFC is defined as your ability to do work-like activities in a work-like setting on a “regular and continuing” basis.  In other words, the SSA is trying to determine your ability to work a normal eight hour a day job. Even though bipolar disorder may not affect your ability to accomplish physical activities, such as standing, carrying, or using your hands, it does affect your ability to work in other ways.  For example, Social … Continued

Filed under: Medical Treatment, Qualifying Disabilities and Impairments, Residual Functional Capacity || Tagged under:
0 comments || Author:

March 4, 2014

Social Security Disability Benefits for Claimants with Diabetes

Diabetes (also known as diabetes mellitus) has two main types.  Type 1 DM (diabetes mellitus) comes from the body’s inability to produce insulin.  People with this condition typically have to inject themselves with insulin or wear an insulin pump.  Type 2 DM stems from the body’s resistance to insulin – that is, the body’s cells cannot properly use insulin.  Type 2 DM is also known as adult-onset diabetes. Some symptoms of diabetes may include: weight loss frequent urination increased thirst increased hunger skin rashes blurred vision These symptoms may onset in a matter of weeks after triggered (usually by certain infections from the environment) for type 1 patients as opposed to slowly or not at all for type 2 diabetes patients.  Type 1 diabetes is usually inherited, with certain infections bringing it out.  Type 2 diabetes is typically caused by lifestyle habits and genetics.  There is no known cure for diabetes. Diabetes can often be controlled with medicine and/or lifestyle changes.  Sometimes, though, in spite of the patient’s best efforts, symptoms persist.  For example, some medical conditions might prevent the patient from being able to tolerate necessary medication or endure an exercise program.  Consistent access to treatment and medication is another hurdle many patients face due to lack of insurance and financial resources. Diabetes can be a very debilitating condition, and it is possible to receive Social Security Disability benefits because of it.  There is not a specific listing for diabetes in the Social Security Administration’s Listing of Impairments, but diabetes is addressed  in Section 9.00 – Endocrine Disorders.  Simply having a diagnosis of diabetes is not enough to meet Social Security’s definition of disability.  Your diabetes must cause functional limitations that prevent you from performing work-like activities on a regular and continuing basis. Diabetes may cause some symptoms that … Continued

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

January 23, 2014

Back Pain and Social Security Disability Benefits

In my Indianapolis Social Security disability practice, most of my clients include back pain as an impairment that keeps them from working.  If you have ever suffered from back pain, you may understand why these individuals claim they are simply in too much pain to perform even the most simple tasks.  You can receive disability benefits for back pain, but it will take more than simply claiming that your back hurts.  In my experience, you are going to need medical records that support your claim.  In this blog I will describe what I find helpful in proving your case. Objective testing – Tests such as MRIs and x-rays can show the severity of your condition.  In my experience these tests, especially MRIs, can make a big difference in proving that your pain is caused by a severe medical impairment.  Some findings that indicate severe impairments include nerve root impingement and severe stenosis. Medical procedures -  What are you doing to try to resolve the problem?  If you are not receiving treatment for your back pain, or if you are resisting the treatment options presented by your doctor, Social Security may conclude that your pain does not bother you that much.  Some of the procedures doctors recommend for back pain include surgery, injections, and physical therapy. Medical source statements -  Sometimes winning your disability claim requires an extra push and some support from your medical provider.  My office strives to get our client’s treating physicians to complete medical source statements.  These statements include Physical Residual Functional Capacity Assessments and questionnaires regarding whether you meet or equal Social Security’s Listing of Impairments as described below. One of the ways Social Security can find you disabled is if you meet or equal its Listing of Impairments.  Listing 1.04 details how an individual can … Continued

Filed under: Qualifying Disabilities and Impairments, Residual Functional Capacity || Tagged under:
0 comments || Author:

January 13, 2014

Medical Records and Being Prepared For Your Social Security Disability Hearing

In my practice as an Indianapolis Social Security disability attorney, I find that good communication is essential for me to provide the best possible representation for my clients.  My office takes pride in responding promptly and attentively to our clients’ calls, emails, and letters.  However, I am often surprised by clients who do not hold up their end of the deal!  My office mails several types of forms to our clients to help us collect the information we need to build a good case, and when clients do not return those forms promptly, it can really hurt our ability to prepare for their hearings. One of my office’s most important jobs in preparing for your hearing is submitting medical records that show the nature and extent of your disabilities.  We strive to work quickly and efficiently to request, follow up, and submit your medical records, but we cannot do any of those things unless you tell us where you have been receiving treatment.  As soon as we know when your hearing is scheduled, we will ask you to provide a complete list of your medical providers.  It can take weeks – sometimes over a month - for medical offices to process our requests for records, so if you wait to give us this information until a few days before your hearing, we probably won’t have all of your records submitted before the hearing is held. In my opinion, not having complete medical records available at your hearing will put you at a distinct disadvantage.  First, most of the Administrative Law Judges (ALJs) who decide Social Security disability appeals review the claimant’s file before the hearing.  The ALJ wants to know if you have been receiving consistent treatment, if you have been hospitalized for your condition, and if you have had any surgeries or other invasive treatments.  In short, the ALJ wants to make sure that your medical records provide objective evidence to support your … Continued

Filed under: Medical Treatment, News || Tagged under:
0 comments || Author:

January 9, 2014

Is Chronic Pain Syndrome Recognized as a Qualifying Disability?

Even though the Social Security Administration’s (SSA) listing of impairments is relatively long, chronic pain syndrome is not specifically listed. But this does not mean that you cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for your condition.   The SSA’s listing of impairments is very detailed and has listings for most health issues. There are a handful of listings that might be related to your back pain.  They may include but are not limited to: 1.00 Musculoskeletal System 5.00 Digestive System 11.00 Neurological 12.00 Mental Disorders 14.00 Immune System Disorders If you have chronic pain due to any of the conditions on the SSA’s listing of impairments, it is possible that the SSA will approve your claim in the initial application or the reconsideration stages.  However, this is rarely the case.  It is normal for a claim to go all the way to the hearing stage, which usually takes about a year. In my experience, to have the best possible chance at winning your disability claim, you need to have as thorough and up to date medical records as possible.  No matter how severe your chronic back pain is, it does not qualify by itself for Social Security Disability benefits.  We must prove to the judge that even though you do not meet listing exactly, your limited functionality keeps you from working a normal eight hour per day job.   If your case does meet a listing exactly, we must prove that you have a “residual functioning capacity ” (RFC) low enough that you cannot work a normal eight hour job.  In determining your RFC the Social Security Administration may look at a few things including but not limited to: Sitting, standing, and walking limitations Lifting and carrying limitations Postural limitations Limitations of manipulation of your hands If you have … Continued

Filed under: Qualifying Disabilities and Impairments, Residual Functional Capacity || Tagged under:
0 comments || Author:

January 8, 2014

Can I Receive Social Security Disability Benefits for Autism?

In my Indiana Social Security disability practice I am seeing a growing number of cases involving autism. Autism is a developmental disorder that is usually diagnosed within the first three years of a person’s life. It mainly hinders an individual’s communication and social interaction skills. Both children and adults can receive Social Security disability benefits for autism. Autism is diagnosed based on the patient’s behavior. According to many medical sources an individual must display at least six symptoms to be diagnosed as autistic. Of these six symptoms two must be impairments in social interaction, one must be an impairment in communication, and one must be restricted and repetitive behavior. Some examples of these symptoms include: not making friends with children of the same age, problems starting or participating in conversations, and insisting on always taking the same route to a destination. Autism is classified as a pervasive developmental disorder (PDD). Autism and other PDDs are defined by irregular social interactions and communication as well as very limited interests and highly repetitive behavior. PDDs are not characterized by any emotional problems, sickness, or fragility. Social Security defines adult autism in its Listing of Impairments under section 12.10 – Autistic Disorder and Other Pervasive Developmental Disorders. The Social Security Administration (SSA) requires two types of evidence to show that a claimant meets this listing. First, the claimant must demonstrate medical findings to support his or her diagnosis. Second, the claimant must show a certain level of impairment in functioning. Below is the listing for adult autism from the SSA’s Listing of Impairments. Medically documented findings of all of the following: Qualitative deficits in reciprocal social interaction Qualitative deficits in verbal and nonverbal communication and in imaginative activity Markedly restricted repertoire of activities and interests Resulting in at least two of the following: … Continued

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

January 7, 2014

Is the Social Security Administration Helping Me With My Disability Claim?

If you have applied for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) I think it is a good idea to ask yourself whether you are receiving enough help from the Social Security Administration as your claim progresses.  There can be many frustrating and confusing areas of Social Security disability law that the Social Security Administration (SSA) may or may not help you with.  Many claimants in Indiana and nationwide do not realize they can hire an attorney or representative to answer many of their questions, help them with paperwork, and provide legal representation at their hearings on a contingency basis.  What are some ways an attorney can help to make the Social Security disability appeals process easier for you? Filing paperwork on a timely basis - There are certain deadlines in Social Security disability cases, and while the SSA may notify you about these time constraints, they are probably not going to help you make sure that you meet them.  An attorney or representative can help identify your limited time to appeal your claim and help you make sure you provide all the information the SSA has requested by the filing deadlines. Providing timely responses to your questions – Unfortunately for disability claimants SSA staff members are very busy.  Social Security’s reduced hours and limited staff make it difficult for many claimants to receive a timely response to their questions or to even get a chance to speak to a field office worker.  Have you ever sat on hold with a Social Security office for a very long time just to ask a very simple question?  My staff and I strive to respond to our clients in a timely manner in order to answer questions they may have regarding their claim.  We also follow up regularly with the … Continued

Filed under: Social Security Disability Attorney, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) || Tagged under:
0 comments || Author: