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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

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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

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October 2, 2013

Is Human Immunodeficiency Virus (HIV) or Acquired Immuno Deficiency Syndrome (AIDS) a disabling impairment for Social Security Benefits?

Many Indiana residents who have HIV (human immunodeficiency virus) infection or AIDS (acquired immunodeficiency syndrome) contact my Indianapolis office to ask if their condition will qualify them for Social Security disability benefits. If you have HIV/ AIDS and your symptoms keep you from being able to work, you may qualify for benefits from the Social Security Administration. There are two ways to show the Social Security Administration (SSA) that your HIV/AIDS is a disabling condition; you can show that your symptoms “meet the listing” for HIV, or you can show that your combination of impairments reduce your capacity to perform work activities. HIV infection is addressed by §14.08 of Social Security’s Listing of Impairments.  If your medical records show that you fulfill the criteria of this listing, Social Security will most likely find that you are disabled.  First, your medical records must contain documentation that you have HIV infection, either from laboratory test results or other evidence.  Then, you must show that you have at least one of the following: Bacterial infections such as mycobacterial infection, nocardiosis, Salmonella bacteremia, or other recurrent infections requiring hospitalization or frequent IV antibiotic treatment Fungal infections such as aspergillosis; certain types of candidiasis, coccidioidomycosis, cryptococcosis; histoplasmosis; mucormycosis; or Pneumocystis Protozoan or helminthic infections such as cryptosporidiosis, isosporiasis, or microsporidiosis that cause diarrhea; extra-intestinal strongyloidiasis; or some types of toxoplasmosis Viral infections such as certain types of cytomegalovirus disease, certain types of herpes simplex, certain types of herpes zoster, or progressive multifocal leukoencephalopthy Malignant neoplasms such as certain types of carcinoma, Kaposi’s sarcoma, lymphoma, or squamous cell carcinoma HIV encephalopathy with progressive cognitive or motor dysfunctio HIV wasting syndrome with chronic diarrhea or chronic weakness with fever Chronic, treatment-resistant diarrhea requiring IV hydration or feeding Chronic or treatment-resistant infection such as sepsis, meningitis, pneumonia, septic arthritis, endocarditis, or sinusitis Repeated manifestations of HIV infection that do not fit in the above categories but result in significant, documented symptoms and marked limitation in your activities of daily living, social functioning, … Continued

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December 11, 2012

Depression and Your Indiana Social Security Disability Appeal

Depression seems to rear its head in the majority of the claims I handle in front of the Social Security Administration (SSA).  While some of my clients suffer from depression alone others may suffer from depression due to their physical disabilities.  I am sure I am not alone when it comes to a large portion of my clients suffering from depression, in fact I am sure the Administrative Law Judges who preside over the hearings I attend routinely examine medical records with a diagnosis of depression.  With this being a common thread I experience, just how do you win your disability claim when trying to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI)? In my experience you need to take a long hard look at who you are getting psychological treatment from.  If you are receiving treatment from a general practitioner you may want to rethink your medical options.  The SSA usually wants you to be seeing someone who specializes in the disability you claim you have.  In other words, a psychiatrist, psychologist, or a mental health therapist may be your best option when trying to prove you have symptoms of depression that are preventing you from working.  A well documented course of ongoing therapy with detailed progress notes can go a long way in convincing a Judge you are disabled.  Hospitalizations for mental illness can also show you are not getting better in spite of treatment and following prescribed medications.  Sometimes I will sit in a hearing and listen to my client testify and think they are certainly clinically depressed by their testimony, but realize at the same time that their medical records are minimal and they have not been seeing a doctor that the SSA is going to recognize.  The truth is you can be … Continued

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November 30, 2012

Getting Ready For Your Indiana Social Security Disability Hearing

Are you nervous about your upcoming disability hearing?  When I talk to my clients before their hearings, one of the most common things they talk about is how anxious they are.  Many of them seem to be on the verge of an anxiety attack when they enter the hearing room.  I attempt to prepare my clients for this big day by letting them know what the atmosphere of the hearing will be like, the types of questions they will be asked, and what they should talk about (or not talk about) when they answer those questions.  I have seen some attorneys and representatives who do not prepare their clients for their hearings at all, or they do so in the waiting room right before the hearing.  It is my practice to speak with each of my clients a day or two before the hearing; we have plenty of time to prepare, but it’s close enough to the hearing that the client will remember everything we talked about.  I usually spend between 45 minutes and an hour letting them know exactly what to expect at the hearing.  Of course, no matter how well-prepared we are, hearings can take many unexpected turns and there can always be surprises.  However, I know from experience how the majority of hearings are conducted and what issues are likely to arise, and I am able to explain to my clients what they should expect. Fist, it is important to remember the hearing is supposed to be informal.  In other words, most of the Administrative Law Judges do not follow strict trial rules and procedures.  Does this mean you can talk out of turn and interrupt others at the hearing?  No; you still must wait your turn and be respectful.  Most judges give everyone an opportunity to … Continued

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November 29, 2012

Social Security Disability Benefits For Back Pain

As an Indiana Social Security attorney, the majority of my clients suffer from back pain. I personally have occasionally experienced back pain that makes it hard to move around, and I sometimes wonder what my life would be like if the pain was present all of the time. I believe it would be difficult, if not impossible, to work a full time job if this was happening to me on a constant basis. I can sympathize with my clients when they describe their pain to me, but I also realize sympathy is not what they want. They want to be able to provide for themselves and their families when they are unable to work due to back problems. It is important for Social Security disability claimants to know there is a very specific way the Social Security Administration (SSA) looks at impairments involving the spine. One of the first things the SSA looks at when examining claims involving the spine is whether or not the individual meets or equals a “Listing”. The SSA publishes a set of guidelines that details what the SSA considers to be disabling conditions. Listing 1.00 covers the musculoskeletal system.  Listing 1.04 specifically covers disorders of the spine, and in order to meet it you must have objective evidence (e.g., medical tests or imaging) of your impairment. MRIs can be of great importance when attempting to show you meet or equal this listing. You usually cannot depend on the SSA to send you for the appropriate testing and imaging; instead your own physician must conduct testing or refer you for testing that proves you have the required criteria. When I am trying to prove that a client meets or equals this listing, I send questionnaires to the treating physicians requesting they provide relevant details about the … Continued

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November 11, 2012

Diabetes and Winning Your Social Security Disability Claim

Practicing Social Security Disability law in Indianapolis has opened my eyes to how many people suffer from diabetes.  Many of my clients suffer from several different disabling conditions at the same time, and more often than not, diabetes is on their list.  At your disability hearing in front of the Administrative Law Judge (ALJ),  the judge is required to consider all of your severe impairments when determining whether you are disabled.  Therefore, it is very important to let your attorney or representative know if diabetes contributes to your inability to work.  I talk to my clients extensively about how diabetes keeps them from working so I can better understand their limitations and present them to the judge. Diabetes mellitus (or simply diabetes) occurs when a person’s blood glucose level, commonly called “blood sugar,” is unacceptably high, usually due to poor insulin production in the body.  Diabetes is labelled as “type I” or “type II”.  The symptoms of diabetes can include: Frequent urination Numbness and tingling in the hands and feet Fatigue Blurred vision In my practice, the most common reason my diabetic clients find themselves unable to work is the tingling or burning known as neuropathy in their hands and feet.  They also suffer other symptoms that keep them from working when they are unable to control their diabetes with medication or insulin.  In my experience as a disability lawyer, the inability to stand and walk can greatly reduce the number and types of jobs a person can perform.  Many of my clients with neuropathy or swelling in their legs and feet cannot sit for very long without pain, and they are required to elevate their legs to relieve that pain.  These limitations reduce their “physical residual functional capacity” – the types of activities they are physically able to perform … Continued

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October 1, 2012

Social Security Disability Benefits For Bipolar Disorder

I receive numerous calls every week from Indiana residents telling me they have been denied disability benefits.  People suffering from bipolar disorder or other mental impairments make up a portion of those phone calls.  I cannot represent every potential disability client who calls my office, and there are several factors I have to consider before deciding to represent someone.  Some callers tell me they are bipolar, but they have never been diagnosed by a doctor and are not receiving any treatment.  Unfortunately, your belief that you have bipolar disorder is probably not going to be enough for the Social Security Administration (SSA) to find you disabled. Even if you experience the symptoms of  bipolar disorder,  the SSA is going to want documentation from treating sources to help prove your disability claim is valid. I do understand the difficulty in finding appropriate treatment for mental illness.  If you do not have health care coverage, the cost to visit a therapist, see a psychiatrist, or pay for medication is unaffordable, even for people who are employed.    Fortunately, some hospitals and nonprofit organizations have programs to help people without funds obtain treatment for mental disorders.  I strongly encourage my clients to seek these programs out and do the best they can to get the care they need. Most of my clients receiving care for a mental disability see two different kinds of mental health professionals.  Usually the person who prescribes mental health medications is a psychiatrist.  The patient has periodic appointments with the psychiatrist, who assesses the patient’s need for medications, prescribes the appropriate drugs, and monitors the patient’s progress.  Another individual commonly seen by my clients is a therapist.  The patient often spends more time with a therapist than with a psychiatrist, usually in the form of group or individual counseling.  Most … Continued

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September 18, 2012

Irritable Bowel Syndrome and Social Security Disability

In my practice I often represent individuals with bowel and urinary problems, and Irritable Bowel Syndrome (IBS) is no exception.  The symptoms my clients describe make me a real believer that they are unable to function in a work environment without accommodations that most employers are unwilling to make.  Some of my clients find it embarrassing to discuss their symptoms, so they do not provide the best testimony at their disability hearing.  I remind them that their hearings are confidential, and that no one outside of the hearing room will know what has been said.  Nonetheless, I understand their hesitancy to discuss these personal issues. One key to winning at your Social Security disability hearing is to make sure that the administrative law judge (ALJ) understands the nature of your Irritable Bowel Syndrome symptoms.  The Social Security Administration (SSA) publishes a book called the “Listing of Impairments”  that attempts to clearly define the conditions the SSA recognizes as disabling. Although IBS is not specifically addressed in these listings, some of its symptoms are included under Listing 5.06 for Inflammatory Bowel Disease and under other listings in Section 5: Digestive System Impairments.  Even if your Irritable Bowel Syndrome does not meet or equal a listing under Section 5, your symptoms may be severe enough to interfere with your ability to do work-related activities.  These symptoms can include, but are not limited to: Diarrhea that can be frequent and chronic Constipation that can be frequent and chronic Abdominal pain Feeling of fullness or bloating Gas Many of my clients with this disabling condition complain of having to make countless trips to the bathroom each day and of having uncontrollable bowel movements or “accidents” on many occasions.  If you have frequent bowel accidents, it is important to inform your medical treating source about … Continued

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September 10, 2012

Does The Social Security Administration Consider How Much Pain I Experience?

Yes, the Social Security Administration is supposed to consider your pain when deciding if you are disabled.  The pain you experience from standing, walking, pushing, pulling, lifting, and sitting may make it difficult, if not impossible, to perform substantial gainful activity.  Many of my clients are not able to focus or concentrate long enough to work because the pain is so severe.  If you do experience pain, it is important to regularly report the frequency and intensity of your pain to your physician.  The Administrative Law Judge (ALJ) may be skeptical about your complaints of pain if your medical records do not show that you have talked to your doctors about them. Some of my clients suffering from physical disabilities tell me the pain they experience is simply too much to bear. They often enter an Indiana Social Security disability hearing prepared to let the ALJ know exactly what the pain is like on a day to day basis. As an attorney, I give my clients guidelines to help them explain their pain to the judge, and I urge them to be as truthful and straightforward as possible. Most of my clients listen to my advice, but sometimes, clients go into the courtroom and exaggerate their pain symptoms to an unbelievable degree. Being honest about everything at your disability appeal hearing is very important, from explaining what you are physically able to do to describing the pain you experience. In most hearings, the judge or I ask the claimant to rate his pain on a scale from zero to ten, where a rating of zero is no pain, and a rating of ten is pain so severe that you have to go to the hospital. To my surprise, some individuals testify that their pain is at level ten on a … Continued

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