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January 6, 2016

Finding an Indiana Social Security Disability Lawyer for your Child

If you have had a difficult time finding an attorney to represent you in your child’s claim for Supplemental Security Income (SSI) benefits, you may not be alone.  When I speak to new clients in my Indianapolis Social Security disability law practice, they often tell me that many of the Social Security disability attorneys they had consulted simply do not take children’s cases.  Some Administrative Law Judges have told me that children’s SSI cases can be more difficult to win than adult cases.  In my experience, the chances of winning a child’s case are affected by the same factors that affect adults’ cases – we need good treatment records, statements from a treating physician supporting the claimant’s descriptions of his or her symptoms, and good preparation for the hearing.   I take great pride in helping the families of disabled children, and I believe my experience with these cases helps to ensure that my clients have the best chance possible at a favorable outcome. One of the reasons some attorneys may be reluctant to accept children’s cases is that the Social Security Administration (SSA) uses different criteria in evaluating a child’s disability that it does when it evaluates an adult’s impairments.  For example, Social Security has a separate Listing of Impairments for adults and children.  Further, the SSA evaluates children’s and adults’ functional limitations using different frameworks.  The main issue in an adult’s case is whether his or her disability is severe enough to prevent full-time work.  Obviously, since children do not work, Social Security cannot analyze a child’s functional limitations in this manner.  Instead, the SSA determines whether a child has “marked” limitations in at least two (or “extreme” limitations in at least one) of six areas of functioning Social Security calls “domains”: Acquiring and using information:  the child’s ability … Continued

Filed under: Evaluation Process, Indiana Social Security Disability Attorney, News, Supplemental Security Income (SSI) || Tagged under:
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September 24, 2015

What happens to my child’s SSI benefits at age eighteen?

When a child turns eighteen, he or she becomes an adult under Social Security’s rules.  Therefore, if you are receiving Supplemental Security Income (SSI) benefits for your child, you should be prepared for Social Security to re-evaluate your child’s medical condition once he or she turns eighteen. The Social Security Administration uses different criteria for children and adults when determining disability.  First, Social Security has a separate Listing of Impairments for children and for adults.  While many of the listings are substantially similar, the specific criteria for many of the listed impairments are different for adults than for children. Additionally, Social Security evaluates functional limitations quite differently between adults and children.  For adults, Social Security determines the claimant’s “residual functional capacity;” that is, how much he or she is physically and mentally able to do in a work-like setting.  The evaluators determine how much the claimant can lift; how long he or she can sit, stand, and walk; and whether he or she has any difficulties dealing with the mental demands of work.  After determining a claimant’s residual functional capacity, Social Security determines whether a person with those abilities can work full time.  If not, the claimant is disabled. For children, on the other hand, functional limitations are assessed by whether the child has “marked” or “extreme” limitations in certain domains of functioning including acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for himself, and health and physical well-being.  If a child is markedly impaired in two of those areas of functioning compared to other children his or her age, the child is disabled. Because the requirements change when a child becomes an adult, Social Security re-evaluates the child’s medical condition during the year prior to his or her eighteenth … Continued

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May 5, 2015

Asperger’s Syndrome and Obtaining Social Security Disability Benefits

Often, my blog topics reflect certain disabling conditions or Social Security disability issues that seem to be becoming more prevalent in my practice.  Asperger’s Syndrome is definitely one of these conditions; I represent many children and adults who have been given this diagnosis. Of course, the most recent DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, which was released in May of 2013) no longer contains a diagnosis of “Asperger’s Syndrome”; the disorder, along with other disorders such Pervasive Development Disorder NOS, is now included under the diagnosis of “Autism Spectrum Disorder.”  As people with Asperger’s and their families know, it doesn’t matter what it’s called; the symptoms and limitations remain. People with a diagnosis of autism spectrum disorder typically have social communication and interaction deficits and restrictive, repetitive patterns of behavior.  These symptoms often interfere with an adult’s ability to work or with a child’s ability to function at an age-appropriate developmental level.  If you or your child have these symptoms, you could be eligible for benefits under Social Security’s Disability Insurance (SSDI) program or Supplemental Security Income (SSI) program. Whether you are an adult or a child on the autism spectrum, the first way the Social Security Administration (SSA) assesses whether your impairment is disabling under its rules is by referring to the entry for “autistic disorder and other pervasive developmental disorders” in its Listing of Impairments.  The relevant listing for adults is Listing 12.10; the relevant listing for children is Listing 112.10.  First, Social Security will determine whether you meet the diagnostic criteria for an autism spectrum diagnosis.  Next, it will evaluate how severely your symptoms affect your ability to function.  For adults, this means an adjudicator will determine how markedly your symptoms impair your activities of daily living, your social functioning, and your ability to maintain … Continued

Filed under: Qualifying Disabilities and Impairments || Tagged under:
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March 6, 2015

Common Questions Concerning Children’s SSI Claims

In my Social Security disability practice, I meet many parents of children with special needs.  They have heard that Social Security has a program for children with disabilities, but they do not know how to find out more about it.  Here are some answers to some of the most common questions I hear from parents of disabled children. How do I know if my child meets the requirements for SSI? Qualifying for SSI is a two-step process.  SSI, or Supplemental Security Income, is a needs-based program; therefore, your household must fall below a certain amount of income and resources to qualify at the first step.  Unfortunately, there is no hard-and-fast number that I can say, “If you make XX amount of money, you are over the limit” because Social Security’s formula is more complex than that – it depends on the size of your household, your expenses, and the like.  Similarly, there is a limit (currently $2,000 for a single person; $3,000 for a couple) on household resources (the value of the things you own), but there are exemptions for some things like your home and sometimes your vehicle.  Really, the only way you can definitely determine whether you meet the income and resources limits is to talk directly to Social Security. Once you qualify financially, Social Security determines whether your child meets the medical requirements.  This determination is much less black-and-white than the resources test.  They look at your child’s medical records and determine how her impairments limit her ability to function in six different “domains”: Acquiring and Using Information, Attending and Completing Tasks, Interacting and Relating with Others, Moving About and Manipulating Objects, Caring for Yourself, and Health and Physical Well-Being. Is it best to work with a lawyer in the process? In theory, Social Security’s process is … Continued

Filed under: Appeals Process, Claims Process, Supplemental Security Income (SSI) || Tagged under:
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August 8, 2014

Social Security Disability Benefits for Learning Disabilities

Many of the children I represent in claims for Supplemental Security Income (SSI) have been diagnosed with some type of learning disability.  While Social Security Administration (SSA)‘s Listing of Impairments does not specifically address learning disabilities, its evaluation process does consider the effects of learning disabilities on a child’s ability to function. Some of the children I represent have learning disabilities related to mental impairments such as attention deficit hyperactivity disorder (Listing 112.11), mood disorders (Listing 112.04), anxiety disorders (Listing 112.06), or intellectual disabilities (Listing 112.05).  Other children have learning disabilities that are less easy to categorize, so Social Security evaluates them differently.  Once Social Security determines that a child’s impairments do not medically meet or equal one of its Listings, it then evaluates the child’s combination of impairments to see if he or she “functionally equals the listings.”  If the child has marked impairments in acquiring and using information,  attending and completing tasks, interacting and relating to others, moving about and manipulating objects, caring for himself, or health and physical well-being, Social Security may find the child meets its definition of disability. In order to show Social Security that your child is disabled, you first must show that he or she has a medically determinable impairment.  Helpful evidence includes: Medical diagnoses and treatment notes Therapy/counseling notes Clinical test results Other medical findings Next, you must show how your child’s medically determinable impairments keep him or her from functioning at an age-appropriate level.  Evidence of these limitations includes: Individual Education Plans (IEPs) School grades Results of standardized testing Evaluations and treatment notes from occupational and physical therapy or other types of rehabilitation School or day care discipline reports Written comments from teachers regarding the child’s ability to work at grade level, complete assignments, work without supervision, and behave appropriately in a classroom environment … Continued

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January 3, 2014

Social Security Disability Benefits for Children with Disabilities

Social Security’s process for evaluating children with disabilities is a little different than its process for evaluating adults. However, building a successful case for either an adult or a child requires the same elements: a solid history of consistent medical treatment, strong evidence of difficulties in daily functioning, and lots of patience. Raising a disabled child can be expensive. Between medical treatment, prescriptions, and specialized education, footing all the bills can be difficult. You may be having difficulty holding a job because caring for your child causes you to miss a lot of work. If you have a disabled child and are struggling to pay bills, you may want to look into applying for disability for your child. Disabled children typically qualify for benefits under SSI (Supplemental Security Income). SSI is a needs-based program; Social Security will ask you about your household income and resources to determine whether you meet their financial guidelines. Once Social Security determines that a child’s household meets its financial criteria, it considers whether the child’s impairments meet Social Security’s definition of disability. A child may be found disabled due to physical conditions (such as asthma, diabetes, epilepsy, or heart defects), mental conditions (such as ADHD, autism, Tourette’s syndrome, or depression), or a combination of physical and mental impairments. The Social Security Administration (SSA) will first look to see if you child’s disability meets a listing in its Listing of Impairments – Children. If your child does not meet the specific criteria of a listing, Social Security will then evaluate whether he or she “functionally equals the Listings.” To do so, the SSA looks at your child’s ability to function in six different domains. “Domains” are broad areas of functioning used to evaluate whether your child can function at an age-appropriate level in all aspects of … Continued

Filed under: Social Security Disability Benefits, Supplemental Security Income (SSI) || Tagged under:
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September 27, 2012

Autism and Child Social Security Disability Benefits

One of the most rewarding parts of my job as a disability lawyer is helping disabled children and their families get the benefits they deserve.  After hearing about the daily struggles  families face when they have disabled children, it is hard not to take a personal interest in their cases.  I believe a larger percentage of my practice is made up of Supplemental Security Insurance (SSI) claims involving children than in the practices of many of my fellow Social Security disability attorneys.  In fact, sometimes other attorneys refer children’s cases to me because they simply do not handle children’s disability claims.  I have noticed that more and more of my child clients have been diagnosed on the autism spectrum, and I have found that many of these cases have unique issues that must be addressed in order to enhance the chances of a favorable outcome. The Social Security Administration (SSA) uses six “domains” of functioning to determine how a child’s daily living is affected by the child’s disability.  These domains are: Acquiring and using information Attending and completing tasks Interacting and relating with others Moving about and manipulating objects Caring for yourself Health and physical well-being. A child is considered disabled if the child either has “marked” limitations in two of these domains, or “extreme” limitations in one of them. I have found that many autistic children have extreme limitations in interacting and relating with others.  Individuals with autism may have difficulty holding simple conversations with others, suffer from language difficulties, or repeat words or phrases (echolalia).  I have noticed many of these children do not have the ability to recognize the simple social cues most of us take for granted.  In my experience, most of these kids are smart, and I mean really smart, but their inability to interact … Continued

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December 14, 2011

Social Security Disability Benefits For Children And The Indiana Appeals Process

Children suffering from a disabling condition may be entitled to Social Security disability benefits.  Many times, if income/resource restrictions are met the child can be entitled to Supplemental Security Income (SSI) benefits if the disabling condition is severe enough.  Indianapolis disability attorney Scott D. Lewis has found some Social Security disability attorneys in Indianapolis do not take on child disability claims.  This may be from a variety of reasons, but Mr. Lewis believes many of these cases can be won. While the underlying question of how severe the disability is can be similar to an adult disability case, the question of whether or not the individual can work is generally not an issue in a child Social Security disability claim.  Instead, the Social Security Administration (SSA) looks at six (6) different domains when determining a disabling condition for a child: Acquiring and using information. Attending and completing tasks. Interacting and relating with others. Moving about and manipulating objects. Caring for yourself. Health and physical well being. As you can see by these domains they address not only physical limitations, but mental limitations as well.  In Indianapolis disability attorney Scott Lewis’ experience it is very important to be able to provide medical records supporting the child’s disabling condition.  For instance, if your child suffers from a mental condition, a treating psychiatrist or therapist’s medical records may go a long way in proving a disability exists.  Also, if your child has problems at school an IEP or notes form a teacher detailing what special needs the child may require can also help document the presence of the disability. If you find your child is not performing at an age appropriate level and/or has a physical or mental disability that you believe should qualify him/her for disability payments contact Mr. Lewis for a … Continued

Filed under: Social Security Disability Benefits Claims Process || Tagged under:
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May 4, 2011

Can My Kids Get Social Security Disability Benefits?

You may be surprised how often Indianapolis Social Security lawyer Scott Lewis gets asked the above question.  The truth is, there are specific guidelines set forth by the Social Security Administration (SSA) just for children.  The Social Security Administration does provide payments through the Supplemental Security Income (SSI) program for disabled children. On many occasions, Indiana Social Security disability attorney Scott Lewis finds himself discussing the “ins and outs” of the SSI program as it pertains to children with his potential and current clients.  One of the first hurdles many families may encounter when trying to obtain Indiana Social security disability benefits for their child is the question of income and resources.  If the child or a certain family member’s income and resources are above the limit set forth by the SSA, it may not matter how disabled the child is.  The Supplemental Security Income (SSI) program is what may be termed a “needs” based program.  In other words, if the SSA determines you don’t need it, you don’t get it.  So what happens if your child and family income and resources are below the limit?  At that point, the Social Security Administration will determine if your child has a qualifying disabling condition. When it comes to a child, what does the Social Security Administration consider a disabling condition?  Indiana residents may want to take a look at Social Security’s “Listing of Impairments.”  This is a guideline assembled to outline certain disabling conditions.  It should be noted there is a section that is focused solely on child disabilities.  If your child does not precisely meet one of these listings there are still other ways to win your Indiana Social Security disability appeal. In cases involving children, the Social Security Administration will look at several domains in determining if a child is disabled … Continued

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