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August 5, 2019

Cancer and Social Security Disability

Cancer and Social Security Disability.  There are so many types of cancer with varying degrees of severity that it can be difficult to know what qualifies you for Social Security disability.  Just a diagnosis of cancer itself usually is not going to get you disability benefits.  Medical documentation is needed to prove the type and the severity of your condition. The Social Security Administration (SSA) analyzes cancer under Listing 13.00 (Malignant Neoplastic Disease).  If you take the time to read through this Listing, you can see there are very specific criteria needed to find a person disabled.  Sometimes a person does not have exactly what this Listing calls for, but the SSA may agree that they functionally equal the Listing instead. While a listing may be difficult to meet or equal, many times the SSA believes your capacity to work is so diminished by residual limitations that you simply cannot work a full-time job.  Many of my clients complain of residual effects including neuropathy, cognitive issues, decreased energy, or muscle weakness, among others. In severe cases when cancer is considered terminal, the SSA can grant disability benefits through a process called Compassionate Allowance.  If the SSA can quickly identify your condition as being this severe, it can expedite your claim.  This can eliminate the long process of appeals and hearings to get the benefits you are entitled to.  Your Social Security Disability lawyer can better explain the specific information necessary to be granted a Compassionate Allowance. With the varying types of cancer, each case is distinctly different.  Solid medical testing and documentation can greatly enhance your chances of winning your Social Security Disability claim.   Medical source statements from a treating physician can improve your chances of receiving Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments.  It is … Continued

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June 26, 2019

Will an Administrative Law Judge understand my rare medical condition?

Will an Administrative Law Judge understand my rare medical condition? I represent claimants with a wide variety of physical and mental conditions.  I regularly talk to claimants with a rare or unique diagnosis that are concerned that their diagnosis will not be properly understood by the Social Security Administration (SSA).  These individuals want to make sure that they have a legal team that will advocate for them to the SSA regarding their unique struggles.  My law office understands that the disability appeal process can be complicated on its own, and even more so if you don’t feel that anyone understands what your medical conditions put you through.  I try to make sure my clients know that I have a plan for each claim, no matter how common or rare their medical conditions may be.   If you look at SSA’s website for information regarding medical conditions, you may come across their Listing of Impairments. SSA has special rules regarding how a person with some common medical conditions should be evaluated for disability.  If a person with a medical condition discussed in the corresponding Listing meets the criteria established, SSA should find that person is disabled.  If you have a rare medical condition, you may not find that the SSA has a Listing for your condition. This does not mean that you can’t be found disabled, but that the SSA must determine your Residual Functional Capacity (RFC).  SSA will look at how your conditions and symptoms affect your ability to do work-like tasks and then determine if you can do any jobs with the limitations that you have.   So how do you prove your limitations? The first place the SSA will evaluate will be your medical records.  Therefore, it is important for you to follow up with your doctors as … Continued

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October 16, 2018

Learning Disabilities and Social Security Disability

Whether you are a child or an adult, the Social Security Administration (SSA) recognizes learning disabilities as a condition that can pay Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments.  The severity of the condition and its impact on an individual’s functioning can be key factors in receiving benefits. In children’s Social Security disability claims, many aspects of the claim are examined.  These may include, but are not limited to: IQ testing Individualized Education Programs (IEPs) 504 Plans School grades Teacher questionnaires Medical Source Statements from treating physicians Progress notes from treating sources The Listing of Impairments is a guideline published by the SSA that contains specific information related to learning disabilities among other impairments.  The SSA also examines children’s cases under six domains of functioning to determine if a child is functionally equivalent to a listing.  The SSA will look for limitations in the child’s ability to acquire and use information, attend and complete tasks, interact socially, move and manipulate objects, handle their own self-care, or health and physical well-being.  Understanding a child’s Social Security Disability claim can be confusing, as the standard for disability can be different than that of an adult. Adults can also receive Social Security Disability benefits for a learning disability.  The question of whether you can work with a learning disability can be a little tricky to prove to an Administrative Law Judge (ALJ).  If you have worked in the past with your learning disability, the ALJ may wonder how it would currently prevent you from working if your condition has not gotten worse.  Sometimes, employers make “accommodations” for this type of worker.  This might be special treatment that the employer is unwilling to give to other workers.  This may include a job coach, multiple reminders of job duties, leaving work … Continued

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September 6, 2018

Neck Pain and Social Security Disability Benefits

When thinking of spinal pain, people typically think of the back or lumbar area.  However, the cervical spine can also create pain and limitations that prevent an individual from working.  The cervical region consists of seven vertebrae numbered C1 through C7.  Injuries or degeneration of this area can require therapy, injections, and even major surgeries to repair damaged areas or provide relieve from severe pain.  If your cervical spine is causing pain and keeping you from working, you should file a claim for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many of my clients are diagnosed with Cervical Spondylosis, Cervical Disc Degeneration, and Cervical Spinal Stenosis.  Appropriate objective testing such as MRI’s and x-rays can better show the degree of severity to this region.  My clients often complain of symptoms including, but not limited to: Severe pain Numbness and Tingling Difficulty Moving the Head in Different Directions Headaches Problems lifting and carrying amounts of weight It is important to have medical records to support this type of claim when you go to your Social Security disability hearing.  For example, physical therapy records can show how your injuries to the cervical spine affect your ability to perform a variety of movements or activities.  If you can show the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) that you have exhausted all treatment options and that you are still disabled from a cervical impairment, you may find yourself with a favorable outcome and get the disability payments you deserve to support yourself and your family. It is important to remember to let the SSA know about all your impairments.  While you may have a severe cervical issue, other impairments like diabetes, asthma, depression, or any other severe impairment can also be considered in combination to find … Continued

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June 8, 2018

Autism and Social Security Disability Benefits

As an Indiana Social Security Disability Attorney, I have noticed an increase in the number of children and young adults diagnosed with Autism.  My office takes great pride in helping these individuals get the benefits they deserve.  Preparing these claims for the Social Security Administration (SSA) usually takes a focused approach to show an Administrative Law Judge (ALJ) the severity of this condition.  This blog will briefly outline some of the information I believe is important in proving a claim for an individual who experiences Autism. The good news is that the SSA does recognize Autism as a disabling condition.  In the SSA’s Listing of Impairments, Autism is covered under Listing 112.10 for children and 12.10 for adults.  Using these guidelines, a Social Security disability lawyer can craft arguments to help show the person qualifies for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many times, a Medical Source Statement may be obtained by a treating source showing that the applicant meets these criteria. Through years of representing those with Autism, I have noticed many common symptoms that are considered severe by the SSA.  These can include, but are not limited to: Social impairments Communication impairments Heightened sensitivity to noise, food, clothing, etc. Repetitive behaviors Other medical conditions linked to Autism This brief list is not intended to be all inclusive because Autism is on a spectrum, and the symptoms may vary in severity and existence from individual to individual. The ability to function may also vary greatly from person to person so, as an attorney representing children or young adults with Autism, it is very important to identify which symptoms are the most severe. When preparing clients for a disability hearing, I try to ask as many questions concerning their disability to find out what aspects … Continued

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April 19, 2018

Hip Pain and Social Security Disability

Hip degeneration or injuries can be very disabling. Over time, you may notice increased inflammation, swelling, or significant pain. If you are unable to work because of a hip impairment, you may be eligible for disability benefits from the Social Security Administration. If hip impairments or other conditions prevent you from working, you may want to consult an attorney right away to discuss whether you should apply for disability benefits. Do your injuries cause you to use a cane, walker, or wheelchair to get around? If your medical provider has given you a prescription for one of these assistive devices, you should keep a copy. That prescription can prove to Social Security that your assistive device is medically necessary. The need for an assistive device can significantly reduce the number of jobs that can be performed in a work setting. Social Security also evaluates disability claims using its Listing of Impairments, which outlines certain criteria that Social Security can use to determine whether a person is disabled. Typically, Social Security evaluates hip or joint impairments under Listing 1.02- Major Dysfunction of a Joint(s). In order to prove the severity of your condition, objective testing such as MRIs, x-rays, or CT scans are crucial. Additionally, medical records from surgeries, physical therapy, or injections can show your current level of functioning. Social Security will consider limitations you have sitting, standing, or walking that are caused by your hip impairments. It is important to show Social Security that you are complying with your treatment plan, especially if your symptoms are not resolving. If your limitations prevent you from performing or keeping a job, it may be in your best interest to consult with an attorney to help you through the Social Security disability process.  Hip degeneration is not the only  impairment that our … Continued

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April 12, 2018

Fibromyalgia and Social Security Disability Benefits

Is your Fibromyalgia so severe that you are unable to work?  If this is the case, it may be in your best interest to apply for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits right away.  It is very possible that Fibromyalgia is not the only thing keeping you from working.  This condition combined with other physical or mental conditions may create an inability to work.  The Social Security Administration (SSA) is required to consider all of your conditions in combination to determine if you are disabled. While the cause of Fibromyalgia is yet to be determined, many of my clients complain of very similar symptoms.  These symptoms can include, but are not limited to: Muscle pain-This can be widespread and tender to the touch. Fatigue-Even with adequate sleep, many individuals feel tired. Focus, concentration, and memory problems-This is sometimes referred to as “Fibro Fog”. I have noticed many of my clients have other common symptoms.  These can include migraine headaches, irritable bowel syndrome, arthritis, and depression. The SSA does recognize Fibromyalgia as a disabling condition, but it can be hard to prove without proper supporting medical evidence.  While many primary care providers diagnose Fibromyalgia and prescribe medications for its treatment, it may be in your best interest to see a rheumatologist to help support your case with the Social Security Administration.  A qualified rheumatologist can perform a “tender point” test to help show you meet the criteria for disability benefits.  Also, a medical source statement from a treating medical professional stating the diagnosis, duration, symptoms, and your inability to work can help persuade the SSA or an Administrative Law Judge (ALJ) you are deserving of disability benefits. With all Social Security disability cases, time is of the essence.  It is important to file your claim in … Continued

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November 17, 2017

Can I Receive Social Security Disability for an Anxiety Disorder?

I represent many people with mental disorders, and anxiety is no exception.  This diagnosis can stand alone, or at times, it may be accompanied by other mental and physical disorders.  I have found that some of my clients’ symptoms from anxiety can be so severe that they are unable to interact with friends, family, or even leave their house to do routine activities.  With severe symptoms, the thought of dealing with the public, co-­­workers, and supervisors can be difficult, if not impossible.  In my experience, to win a Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claim, essential information from a treating qualified mental health professional is generally needed. Anxiety can also cause problems with maintaining focus.  My clients often report issues with racing thoughts, trouble focusing, increased phobias, problems with change in routine, or difficulty sleeping at night.  Additionally, panic attacks can be a major issue for clients who suffer from anxiety.  These attacks can have varying degrees of frequency, duration, or severity; they can even lead to a need for emergency medical treatment.  Any of these symptoms can cause issues in the workplace that would prevent an individual from staying on task and completing a work day. By showing the Social Security Administration that you experience these symptoms through medical records or testimony, it can strengthen your claim for disability benefits. The Social Security Administration recognizes Anxiety Disorder in its Listing of Impairments under Listing 12.06.  At times, it can be difficult to meet or equal one of these listings, so it is important to receive treatment and have records from hospitalizations, treatment and progress notes, and any medical source statements your mental health professional can provide. Compliance with treatment can be a huge factor in receiving disability payments.  If you are not taking medications as … Continued

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October 26, 2017

Social Security Disability and Diabetes

In my Indianapolis, Indiana Social Security disability practice, I handle numerous cases involving Diabetes.  Since there can be so many varying degrees of severity with Diabetes, I try to find out how it affects each individual client regarding their ability to work.  The Social Security Administration (SSA) recognizes Diabetes as a disabling condition either by itself or combined with other severe impairments. Diabetes can occur when the body does not produce enough glucose due to a lack of insulin.  Medical treatment and dietary control can sometimes help to control Diabetes, but other times it does not.  Uncontrolled Diabetes can create a variety of symptoms and these can include but are not limited to: Neuropathy (Nerve damage in the feet and/or hands. This is by far the most common symptom I see in my practice.) Retinopathy (Vision impairment) Fatigue Nephropathy (Kidney disease) Extreme hunger and/or thirst Frequent urination Just having the above symptoms is not enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  They must be severe enough to meet or equal one of the SSA’s Listing of Impairments or prevent you from working a full-time job.  Most of my clients with Diabetes say that the neuropathy they experience makes them unable to work.  They complain of numbness and/or tingling in their hands and/or feet that prevents them from standing and walking or using their hands for fine and gross manipulation. As with all disability claims, medical documentation can be essential to a favorable outcome.  Compliance with medical treatment can show that even though you are taking prescribed medication (including insulin), your severe impairment still exists.  Objective testing such as nerve conduction studies for neuropathy and vision tests for retinopathy can go a long way in convincing an Administrative Law Judge (ALJ) that you are … Continued

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July 31, 2017

Can I Receive Social Security Disability for Bipolar Disorder?

The Social Security Administration (SSA) recognizes Bipolar Disorder as a disabling condition that can result in disability payments.  My clients often tell me Bipolar Disorder prevents them from getting and keeping a job.  While the symptoms may vary from person to person, I see many of my clients simply not having the ability to concentrate or focus long enough to maintain employment. The SSA acknowledges Bipolar Disorder in its Listing of Impairments under listing 12.04 Depressive, Bipolar, and Other Related Disorders.  If you meet or equal this listing, you may be eligible for benefits.  However, there also may be technical criteria that must be met.  Since there is no objective testing that can show the presence of Bipolar Disorder; hospitalizations, ongoing therapy records, and medication compliance may be the key to receiving benefits. In my Social Security Disability practice, one of the challenges to these cases can be consistent and ongoing therapy records, as the diagnosis of Bipolar Disorder is not going to be enough.  The SSA generally wants to see a client-patient relationship documenting the ongoing mental illness and compliance with medications prescribed.  If the symptoms still exist after pursuing consistent treatment, then your claim may be given greater weight. A medical source statement from a treating mental health specialist can help the Social Security Administration and/or an Administrative Law Judge (ALJ) determine your condition is severe enough to receive Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Some health care professionals are unwilling to produce these types of documents, but it may be in your best interest to ask if they will take the time to do so.  In my experience, these statements should contain a clear diagnosis, how long the condition has lasted and is expected to last, the symptoms, and an opinion on … Continued

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