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October 4, 2012

Social Security Disability Benefits and Strokes

I have represented many of my Indiana neighbors who have experienced strokes, and one thing is certain – none of them have been exactly alike.  Some of my clients experienced a wide variety of physical and mental impairments leading up to their strokes, while others seemed to be perfectly healthy until they experienced their strokes.  One thing they all had in common, though, was that having a stroke altered their lives in ways many of us may could never imagine.  As a Social Security disability attorney, I realize that the particular facts of each case always matter.  With that in mind, I collect medical documentation for each of my clients that will paint a clear picture of the symptoms that person experiences, and how it affects his daily life. As I mentioned before, a person may experience many different symptoms after a stroke, and the ability to recover from those symptoms can vary greatly from individual to individual as well.  Some of the symptoms include, but are not limited to: Numbness, tingling, and weakness Difficulty with speech Problems with balance and walking Cognitive problems Vision problems Headaches The Social Security Administration (SSA) does recognize stroke and the symptoms that accompany a stroke as disabling conditions.  In technical terms, a stroke is referred to as a cerebrovascular accident (CVA).  The SSA addresses stroke in its Listing of Impairments under listing 11.04: Central Nervous System Vascular Accident.  I have found that the SSA and most Administrative Law Judges (ALJs) consider these listings first when trying to determine whether a condition is disabling.  However, many times they fall back on a more generalized look at an individual’s physical residual functional capacity to determine if she is disabled.  When the ALJ looks at your physical residual functional capacity, he is deciding whether the symptoms … Continued

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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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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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December 24, 2011

Anemia and Indiana Social Security Disability Claims

If you or someone you know is suffering from anemia and is unable to work due to this disabling condition, you may be entitled to Social Security disability benefits. Indianapolis Social Security Disability Attorney Scott Lewis has experience in representing individuals with disabilities throughout the state of Indiana. If you find that you have a physical or mental condition that is preventing you from working, you may be entitled to Social Security Disability Insurance (SSDI) benefits and/or Supplemental Security Income (SSI) benefits. Individuals who suffer from anemia have a lower than normal red blood cell count. Anemia can be caused by a variety of things that include but are not limited to; poor diet, pregnancy, kidney failure and problems with bone marrow. While individuals may experience different symptoms from anemia, some common symptoms can include: fatigue, chest pain, dizziness, and problems concentrating. The Social Security Administration (SSA) does recognize anemia as a disabling condition. Anemia is addressed in Social Security’s Listing of Impairments under listing 7.00 hematological disorders. In Indianapolis disability attorney Scott Lewis’ experience, good supportive medical evidence of a diagnosis of anemia may be the key to proving an individual equals or meets the listing for anemia. If you find you are struggling with your Social Security disability claim and are frustrated by the Social Security disability claims process, you can contact Indiana disability lawyer Scott Lewis for a free case evaluation. Mr. Lewis has experience with varying disabilities including but not limited to; mental retardation, emphysema, diabetes, and schizophrenia. If you would like a free case evaluation, call (317) 423-8888 today!

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December 22, 2011

Arthritis and Indiana Social Security Disability Insurance

Every day in my practice, I talk to people whose disabilities affect them in many different ways.  My clients who suffer from arthritis usually have pain all over their bodies, and that pain keeps them from being able to function in their daily lives.  My clients’ complaints include pain in their hands and fingers, in their backs, in their joints, and in parts of their bodies they injured a long time ago.   If you have arthritis, you may have difficulty holding a cup, picking up coins, or buttoning your shirt.  You may also have pain that keeps you from being able to sit, stand, or walk for extended periods of time.  If you are unable to perform these basic activities, you likely are unable to do many of the tasks required in order to obtain and maintain full-time employment.  Therefore, the Social Security Administration (SSA) does recognize arthritis as a disabling condition, and it may be in your best interest to apply for disability benefits if your arthritis keeps you from being able to work. “Arthritis” is a broad term for inflammation of the joints, usually because the cartilage in that joint has broken down.  However, there are many types of arthritis.  Osteoarthritis is the most common type of arthritis, but there are other types of arthritis caused by autoimmune disorders, broken bones, or infection.  Regardless of the cause, people with arthritis usually suffer from symptoms including, but not limited to:Joint pain Joint swelling Impaired movement of the joint Joint stiffness The SSA has a Listing of Impairments in which it describes specific diagnoses, findings, and symptoms for conditions it deems to be disabling.  Two sections of the Listings address arthritis: Listing 1.02: Major Dysfunction of a Joint; and the various listings under 14.00: Immune System Disorders, including 14.02: Systemic Lupus Erhthematosus, 14.04: Systemic Sclerosis, and 14.09: Inflammatory Arthritis.  In order to be found disabled under the Listings, your medical records must show that you … Continued

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December 22, 2011

At My Indiana Social Security Disability Hearing The Judge Said I Need A Representative Payee, What Does That Mean?

At times Indiana Social Security disability appeals claimants are instructed at their hearings that the Administrative Law Judge (ALJ) is going to recommend a representative payee.  Individuals not accustomed to the terms commonly used at Social Security disability hearings may wonder what the ALJ is talking about and what effect it may have on them.  Indianapolis Social Security disability lawyers like Scott D. Lewis many times find themselves explaining to their clients what transpired in the court room and what the meanings of particular words are. If you were at your Social Security disability hearing and the ALJ recommended that you be assigned a representative payee there can be a few reasons why this has happened.  In disability attorney Scott Lewis’ experience the main reason a representative payee is recommended is that the ALJ believes you are unable to manage your own funds.  Many times this may be due to a mental condition that makes it difficult for the Social Security disability recipient to take care of their own money. While the individual receiving benefits may be able to designate someone as their representative payee, if the Social Security Administration does not approve of that individual, the SSA may appoint someone entirely different.  The Social Security Administration (SSA) usually looks to family and friends to be assigned as an individual’s representative payee.  If family and friends are not available the SSA may look to various organizations to help in this capacity. If you have been denied Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits you can contact Indianapolis disability attorney Scott D. Lewis for a free case evaluation.  Mr. Lewis has experience with Social Security disability appeals and understands what Indiana residents are going through.  Call (317) 423-8888 and talk to Mr Lewis and his staff and … Continued

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December 22, 2011

Lupus and Indiana Social Security Disability Appeals

Indiana residents suffering from Lupus can find themselves unable to work, but at the same time denied the Social Security disability benefits they are due.  Indiana Social Security disability attorney Scott Lewis has helped individuals diagnosed with Lupus receive their Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits .  If you are experiencing symptoms from Lupus that are preventing you from working it may be time to file an application for Social Security disability benefits. Lupus is an autoimmune disease that can take a toll on various body parts.  Lupus can result in swelling and inflammation effecting joints, skin, the heart, kidneys, and various other body parts.  Many individuals suffering from Lupus complain of pain and various other symptoms.  While the exact cause or causes of Lupus are still unknown, many physicians believe it may be a combination of environmental and genetic factors. The Social Security Administration (SSA) does acknowledge Lupus in its Listing of Impairments under Listing 14.00 Immune System Disorders.  Not all individuals may meet or equal a listing to receive Social Security disability benefits.  If you do not meet a listing, you may have such a reduced physical residual functional capacity that you are unable to work a full time job and this could entitle you to benefits.  At times, an individual’s inability to sit, stand, walk, and lift may be so diminished due to the effects of Lupus that they are simply unable to work.  Pain may also be taken into account when the Social Security Administration is assessing your inability to work. If you find the symptoms of Lupus or any other disabling condition is preventing you from working you may be entitled to Social Security disability benefits.  Scott D. Lewis is an experienced disability lawyer and handles a wide variety of … Continued

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December 20, 2011

Indianapolis Social Security Disability Attorney Scott Lewis Comments on Possible New Hearing Policy

There have been some recent reports of a possible Office of Disability and Review (ODAR) policy regarding the non-disclosure of the Administrative Law Judge (ALJ) presiding over your pending hearing until the date of the hearing.  Indianapolis disability attorney Scott D. Lewis believes that this type of “blindfolding” attorneys and their clients can only make the disability process even more frustrating and slow. Why could this potentially be a problem?  Experienced Social Security disability attorneys like Scott Lewis represent individuals numerous times in front of the same Administrative Law Judge and become accustomed to exactly what that particular Judge is looking for at the hearing.  To help create and ensure judicial efficiency, Mr. Lewis attempts to prepare his cases in a manner for particular Judges that will cut right to the main issues that particular Judge may focus on.  While most of Mr. Lewis’ case files are prepared in a similar fashion, there are times that when Mr. Lewis knows a certain Judge has been assigned to a claim, Mr. Lewis focuses on certain documents he knows a Judge will closely analyze. Why is this happening?  The only reason put forth thus far is that attorneys are “shopping” Judges.  When a video hearing is scheduled, the representative or claimant has the ability to deny such a hearing and request to be in front of an Administrative Law Judge in person.  Without pointing fingers, one could argue while certain attorneys are shopping Judges, we must also consider why there is a particular item no one wants to buy.  It could be asserted that this is a two way street. In the end who gets hurt?  Mr. Lewis believes good prepared qualified attorneys and Judges and above all claimants will find this decision only muddies the waters on a long drawn out … Continued

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December 19, 2011

Asperger’s Syndrome And Filing An Indiana Social Security Disability Claim

Believe it or not even individuals suffering from severe Asperger’s Syndrome can find themselves denied their disability benefits from the Social Security Administration (SSA).  Indianapolis Social Security disability attorney Scott D. Lewis has experience with this type of claim, and often finds himself talking to families shaking their heads wondering why they have been denied.  Many valid initial claims are denied by the SSA, but the reality is that many of theses same claims are found favorable further in the appeals process. Asperger’s Syndrome can range widely in its severity.  While one individual may suffer from very mild symptoms another individual may be very severe.  Asperger’s Syndrome may be hard to detect in very young children, but many times symptoms are noticed as children enter kindergarten and start interacting with their peers.  The symptoms of Asperger’s Syndrome may vary from individual to individual but some common symptoms can include but are not limited to: Problems with social interaction.  This usually includes the inability to identify social cues. Unusual facial expressions and may attempt to avoid eye contact. Heightened sensitivity to textures, tastes, sounds, and light. Repeating words in a formal manner, and also may talk excessively about one subject. Some individuals may find a change or routine very disturbing. In Indianapolis disability attorney Scott Lewis’ experience some individuals symptoms suffering from Asperger’s Syndrome may not be easily detected in a brief interaction.  It is usually very apparent after an individual spends some time with the person and then understands these symptoms are continuous.  When attempting to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits for Asperger’s Syndrome good medical records are generally the key to a favorable outcome.  A long standing relationship with a psychiatrist or therapist with a clear diagnosis supported by treatment records may … Continued

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