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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 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

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November 29, 2011

What Does Social Security Mean By My Physical Residual Functional Capacity?

If you left an Indianapolis Social Security Disability Appeals courtroom and heard the words “physical residual functional capacity” and didn’t understand what they were talking about, you may not be alone.  Indiana Social Security disability attorney Scott Lewis can see why someone not familiar with the Social Security appeals process may not know why these terms are being used.  While the disability process may be confusing, at times it can also be predictable and some of the terms used at your hearing are usually used over and over at hearings to analyze disability claims. In cases where you are claiming a physical disability, the Social Security Administration (SSA) usually tries to determine your residual functional capacity (RFC).  Your RFC in general terms is how much you can physically do despite the disabling condition you are experiencing.  Once it is determined what you RFC is the SSA will try to determine if you can return to your previous employment with the limitations you experience or if you cannot whether there are other occupations that exist in the economy that you can perform. Some of the things the Social Security Administration will look at when examining your RFC may include: How long you can sit, stand, and walk. How much you can lift and carry. Do you have postural limitations such as bending, squatting, or stooping? Do you have limitations on fine or gross manipulation with your hands? Indianapolis Social Security disability attorney Scott Lewis may attempt to get a RFC assessment completed by his client’s treating physician if necessary.  A favorable RFC by a treating physician may or may not be given weight by an Administrative Law Judge.  Mr. Lewis has found some treating physicians will not complete these forms and leave their patients on their own when trying to receive … Continued

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November 28, 2011

Why Should I Hire an Attorney to Represent me in my Social Security Disability Claim?

Indianapolis Social Security disability attorney Scott D. Lewis is an experienced disability lawyer who represents individuals with their Social Security disability appeal. Some common questions an individual who is seeking disability benefits have are: “Do I really have to hire a lawyer to represent me in my Social Security disability claim?” “Should I hire an attorney to handle my Social Security disability claim?” “Will it benefit me to have representation at my Social Security disability hearing?” “If I hire an attorney, will I be able to get my disability hearing faster?” “How will I be able to afford to pay an attorney to represent me with my disability appeal?” If you have been recently denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you probably just read the above questions and thought to yourself that you have been thinking about these exact same concerns.  Here are the answers you have been looking for! Do you really have to hire a lawyer to represent you in your Social Security disability claim?  Quite simply, no.  SSDI or SSI claimants are not required to have a Social Security disability attorney or representative represent them in their disability appeal.  Having representation is a client’s right.  If you attend your SSDI or SSI hearing alone, most Administrative Law Judges will ask the claimant if they would like to continue their claim so they can seek representation.  Again, this is a right, not a requirement. Should you hire an attorney or representative to handle your Social Security disability claim?  This is a personal preference.  Some individuals decide that they would like to handle their claim on their own.  Although, statistically, more disability claims are won among individuals that are represented by an attorney or representative than those individuals that are not represented at their Administrative Law … Continued

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November 28, 2011

Schizophrenia and Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) Benefits

Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) applicants suffering from schizophrenia may qualify for disability benefits. Schizophrenia is a psychological disorder that usually manifest in early adulthood.  Often times, schizophrenia is mistaken for multiple personality disorder. Schizophrenia is a much different psychological diagnosis than multiple personality disorder. Schizophrenia is a thought disorder rather than a disorder that manifest in creating multiple personalities. Even though schizophrenia symptoms vary from person to person, the most common symptoms may include: Confused speech Strange or disorganized behavior Delusions Hallucinations Motivational loss and/or loss of interest in daily activities Difficulties in maintaining social functioning In addition, many individuals who suffer from schizophrenia may experience a loss of cognitive function resulting in a loss of memory and skills required to work. Some individuals may have worked for years before being diagnosed with this disease.  When an individual diagnosed with schizophrenia is no longer able to sustain employment, he/she may qualify for SSDI or SSI benefits.   Under the Social Security Administration’s (SSA) “Listing of Impairments”, Section 12.00 Mental Disorders, the SSA describes the criteria used to qualify an individual who suffers with schizophrenia for disability benefits.  Refer to Section 12.03 for more specific evaluation criteria supplied by the SSA.  Meeting this listing may qualify an individual for receiving disability benefits that they may deserve.  It is important and necessary for disability claimant’s suffering from schizophrenia to have medical documentation proving and supporting their disability claim.  Proving a history of this disorder may be key in receiving disability benefits. If you or your loved one suffers from a mental disorder such as schizophrenia, anxiety disorder, bipolar disease or any other impairment and would like to learn more about receiving Social Security disability benefits, please contact disability attorney Scott D. Lewis. The law office of Scott D. Lewis handles disability benefits claims and you can … Continued

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November 23, 2011

Migraine Headaches and Your Indiana Social Security Disability Appeal

Many individuals suffering from chronic migraine headaches find it difficult, if not impossible, to work and perform gainful activity.  Indiana Social Security disability attorney Scott Lewis finds that many of his clients suffering from chronic migraine headaches have similar complaints.  These complaints can include, but are not limited to: The inability to focus or concentrate Sensitivity to light and sound Extreme pain Nausea Problems with vision Chills Fatigue Loss of appetite The Social Security Administration (SSA) can look at the symptoms you are experiencing due to severe migraine headaches in order to decide what limitations you may experience in the work setting.  If it is determined these limitations are severe enough to prevent you from performing a full day of work on a continuous basis you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. Medical records can be the key to winning your Indiana Social Security disability claim.  In disability attorney Scott Lewis’ experience records from a treating neurologist may greatly enhance your chances of winning your disability claim.  Appropriate testing and imaging combined with a good medical history documenting the severity of your migraine headaches may help your support the fact your are unable to work. If you have questions concerning your Social Security disability claim, you can contact Mr. Lewis by calling (317) 423-8888.  Mr. Lewis handles a wide variety of disabling conditions including migraine headaches, diabetes, depression, heart problems, and learning disabilities just to name a few.  Call now and receive your free case evaluation.

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November 21, 2011

Mental Disorders and Your Treating Physicians

Indianapolis Social Security disability lawyer Scott Lewis talks to numerous clients about their mental condition(s) and finds that some of his clients may not be receiving the type of medical care they need in order to win their Social security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  Unfortunately, the Social Security Administration (SSA) does not put as much weight in all of the physicians you may be seeing because your medical professional may not specialize in a particular area. Mr. Lewis attempts to let all of his clients suffering from a mental condition that is preventing them from working to attempt to get appropriate medical treatment and that may be from a psychiatrist, psychologist, or therapist.  In Mr. Lewis’ experience a professional in the mental health field is usually more qualified to render a diagnosis that the Social Security Administration will recognize as legitimate when you are trying to get your benefits approved.  While your general practitioner may have a long history with you and may be very knowledgeable about your personal history, he/she may not possess the credentials needed to diagnose you with a mental disorder in the eyes of the Social Security Administration. It may be as simple as asking for a referral from your treating physician to get to a treating source the Social Security Administration will put stock in.  In Mr. Lewis’ experience many Administrative Law Judges like to see an ongoing therapist patient relationship documenting the progression of the mental illness.  There is usually no substitute for good medical records when stepping into the court room to address your Social Security disability appeal. Indiana disability attorney Scott Lewis represents his Indiana neighbors with a wide variety of disabling conditions including schizophrenia, depression, anxiety, PTSD, and bipolar disorder.  If you or someone you know … Continued

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