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August 25, 2010

Learning Disabilities and Indiana Social Security Disability Benefits

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.

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August 19, 2010

Indiana Social Security Disability Appeals Process Waiting Period

Indianapolis Social Security Disability Attorney Scott D. Lewis represents Indiana Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits claimants with their pending claims. Initial disability claims may be filed at a local Social Security Administration (SSA) office, by calling the SSA’s toll free phone number, or visiting the SSA’s website.  Although it may be discouraging to claimants to hear that some sources report 70% of all claims are denied at the initial application, Scott Lewis encourages his clients to continue to fight for their disability benefits by appealing the SSA’s decision to deny their claim. Statistically, continuing the appeals process may be beneficial to 70-80% of all claims that were initially denied. What’s the downfall to appealing your claim?  Disability Lawyer Scott Lewis would say that it is the time period the Indiana SSDI and SSI claimants have to wait in order to get a hearing in front of an Administrative Law Judge (ALJ).  Attorney Lewis advises all of his claimants to “not give up” and continue with the disability appeals process.  Because of the “backlog” of disability cases in the state of Indiana, Indianapolis Social Security disability claimants may find themselves waiting two years before they are in front of an ALJ for their disability hearing. What does a client do when they are waiting for a hearing in front of an ALJ?  Continue to be patient, keep your Social Security Lawyer informed, continue to visit with your doctors, and do not become discouraged.  As frustrating as it may be, when Attorney Scott Lewis wins his clients claims, often his clients will get a lump sum payment from the SSA for the time that they have waited to get a disability hearing.  Even though the wait may be long, many Indiana Social Security disability claimants find that they have no choice … Continued

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August 11, 2010

Indiana Residents Seeking Social Security Disability Benefits for Fibromyalgia

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.

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August 10, 2010

Social Security Disability Benefits for Indiana Children With ADHD and ADD

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

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