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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 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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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 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 5, 2012

What Happens To The Money In Children’s SSI Cases?

I represent many families with children who have disabilities at the hearings level in Indiana.  I believe I handle more children’s cases than many of my counterparts.  In fact, some attorneys tell me they simply will not take children’s disability claims at all.  Children’s disabilities can vary greatly, and the mental and physical problems caused by these health condition(s) can be devastating.  I often sit at the hearing and wonder, “When my client is awarded benefits, who is going to manage the money, and how will the money be used?” In children’s Supplemental Security Income (SSI) cases it is important to first understand Social Security’s income and resource restrictions.  If a family makes too much money, or if the family’s assets such as its vehicles, house, or bank accounts are worth too much, that family probably will not qualify for SSI benefits.  A family that does qualify for SSI is most likely struggling quite a bit to pay for for medical expenses, rent, food, and clothing.  Once a child is awarded SSI benefits, the family is eager to find out what types of expenses can be paid with SSI benefits, and who will be responsible for spending the money.  The Social Security Administration (SSA) has guidelines as to how those monies should be spent and who will do the spending. First, most minor children are required to have a representative payee who will manage their SSI payments.  The representative payee is required to: Use the payments to meet the needs of the beneficiary (i.e., the child) Save any money left over Report any changes Keep good records Help the beneficiary get medical treatment Notify SSA of changes in payee’s circumstances Complete accounting reports regarding the use of funds Return any monies beneficiary is not entitled to Now the big question … Continued

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June 12, 2012

Being Honest At Your Indiana Disability Hearing

Most of us have certain subjects that we are not comfortable talking about.  Sometimes at a Social Security disability hearing, you will be asked questions that make you uneasy.  Those questions can range from details of your personal life to symptoms of your medical condition, and everything else in between.  Indianapolis attorney Scott D. Lewis encourages each of his clients to be honest with the Judge during the hearing.  Your answers at your hearing may have a huge impact on the outcome of your case. Your credibility may impact the Judge’s decision about whether your conditions are disabling.  While you may have numerous medical tests diagnosing various severe conditions, tests in general cannot show the severity of the pain you experience.  To understand the severity of your pain, the Administrative Law Judge will often rely on your testimony about the type and degree of pain you feel.  Different people have varying levels of pain tolerance, and you are the only one who can explain to the Judge how your pain affects you. It is important for claimants to realize that their medical records contain more information than medical diagnoses and treatment histories. For instance, your doctor often records information about your daily activities, such as whether you have been on vacation, working in your garden, or riding a bicycle.  So imagine that you are in your hearing and the judge asks you a personal question, and you think that an honest answer will lead the judge to believe that you are not disabled.  You may think the best thing to do is to give a dishonest answer so as not to jeopardize your case.  You may not realize, however, that the Judge already knows the answer to the question he is asking you because he has read about it in … Continued

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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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