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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

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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 21, 2015

Why Are Medical Records So Important to My Social Security Disability Claim?

Whenever I talk about the keys to a Social Security disability claim, I emphasize the importance of medical records.  Medical records are important because the Social Security Administration (SSA) cannot find you disabled under its rules without finding that you have a “medically determinable impairment.”  In other words, you must be able to provide acceptable medical evidence, such as objective test results or treatment notes showing diagnoses from acceptable medical sources, that proves that you have a medical condition that prevents you from being able to work. Why are Medical Records Important? While the SSA will most likely send you for an independent consultative examination to determine your diagnoses and symptoms, it is important to have medical records showing that you have been diagnosed and treated on your own.  I have often seen decisions in which an Administrative Law Judge (ALJ) has concluded that a claimant’s impairment must not be as severe as he or she is alleging because the claimant did not receive significant medical treatment for it. Medical records are helpful in proving that you are disabled because they contain the diagnoses and clinical findings of medical providers who have treated you on a regular basis.  If those diagnoses and findings come from a doctor who specializes in treating your condition, Social Security will likely give them significant weight in determining whether your condition prevents you from working. What Kinds of Medical Records are Important? The most valuable records I can submit on behalf of my clients are objective test results.  X-rays, MRIs, nerve conduction studies, pulmonary function tests, and other tests give hard data showing the severity of certain conditions.  In fact, with appropriate test results it may be possible to show that you are disabled without even having to talk about whether you can perform work-like … 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

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April 28, 2015

Symptoms of Depression That May Make you Eligible for Social Security Disability Payments

Many of the clients I serve in my Indianapolis disability practice suffer from some type of depressive disorder.  Sometimes their symptoms of depression are caused by or exacerbated by physical impairments, but often depression is a disabling condition all by itself. Depression raises some unique obstacles in pursuing a Social Security disability claim.  Deadlines must be met, appointments must be kept, and paperwork must be completed in a timely and thorough manner.  If you have depression, though, you may lack the energy to keep track of your paperwork or even open your mail.  You might be so socially and emotionally isolated that you do not attend appointments or return telephone calls.  You may have difficulty maintaining attention long enough to complete questionnaires about your symptoms and work history.  If you aren’t able to fulfill these obligations, it is likely your claim will be dismissed.  It can be really helpful if you allow a family member or friend to help you make sure everything gets finished completely and on time. The Social Security Administration (SSA) addresses the disability nature of depression and other affective disorders in its Listing of Impairments at Listing 12.04.  To meet the requirements of this listing, you first much be able to show that you have medically documented symptoms such as: “Anhedonia,” or a persistent, all-encompassing loss of interest in your daily activities, even things you used to like to do Disturbance in your appetite causing weight gain or loss Sleep disturbance Psychomotor agitation (unintentional, purposeless movement) or retardation (listlessness, inability to physically carry out everyday activities) Lack of energy Guilt or feelings of worthlessness Problems concentrating or thinking Suicidal thoughts Hallucinations, delusions, or paranoia It is not enough for you to explain to Social Security what your symptoms are and how they affect you.  You must … Continued

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March 30, 2015

Diabetes and Your Social Security Disability Claim

If you suffer from diabetes and your symptoms keep you from being able to work, you may be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments. The prevalence of diabetes among my clients seems to be ever increasing.  Some of my clients suffer from Type I diabetes, which typically starts in childhood.  However, most of my clients with diabetes have Type II diabetes, or adult-onset diabetes.  Unfortunately, many of my clients have medical impairments that greatly increase their risk of developing diabetes, such as cardiovascular disease, high blood pressure, or high cholesterol.  Others develop risk factors such as obesity, poor diet, and physical inactivity due to the physical limitations caused by their other medical impairments.  If you suffer from diabetes, even if you do not consider it to be the most disabling condition you have, its effects on your ability to work may be substantial.  When talking to Social Security about your disabling conditions, it is always important to discuss all of your impairments, even if you don’t think a particular condition like diabetes would be disabling to you all by itself.  Social Security determines your limitations based on the combination of all of your functional limitations that result from any and all medically determinable impairments you have. While the Social Security Administration (SSA) addresses diabetes in Section 9.00 of its Listing of Impairments, diabetes is no longer a listed impairment.  (Social Security removed the listing for diabetes in 2011.)  Instead, Social Security notes that the effects of diabetes on different body systems might allow you to meet or equal other sections of the Listings.  In Social Security Ruling 14-2p, the SSA identifies some examples of the effects of diabetes, including: Diabetic neuropathy (evaluated under Listing 11.14 for peripheral neuropathies) Diabetic retinopathy (evaluated under … Continued

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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

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September 12, 2014

Social Security Disability Benefits for HIV/AIDS

Acquired Immunodeficiency Syndrome (AIDS) is a disease that affects the body’s immune system.  AIDS is the last stage of the infection caused by the human immunodeficiency virus (HIV).  By attacking the immune system, HIV hinders the body’s ability to fight off infections.  HIV can be transmitted through sexual contact, exposure to infected bodily fluids, childbirth, or breastfeeding. Some symptoms of HIV infection may include a flu-like illness appearing two to four weeks after exposure to the virus.  After this illness, there is usually a latency period, typically lasting from 3 years to over 20 years, in which the patient will have very few, if any, symptoms.  Near the end of the latency period, fever, weight loss, gastrointestinal problems, and muscle pains may occur. Once HIV infection progresses to AIDS, more symptoms may occur.  These could include pneumocystis pneumonia, cachexia (HIV wasting syndrome), esophageal candidiasis, or respiratory tract infections.  People with AIDS also have a greater chance of contracting infections, viruses, and cancers. In order to meet the Social Security Administration (SSA)‘s listing for HIV infection, you must  have documentation of laboratory testing showing you are infected.  You also must be able to show that you suffer from one of the following: Bacterial infections: mycobacterial infections, nocardiosis, or salmonella (recurrent non-typhoid); or multiple recurrent bacterial infections requiring hospitalization or intravenous antibiotic treatment three or more times in a twelve (12) month period Fungal infections: aspergillosis, candidiasis (at a site other than the skin, urinary tract, intestinal tract, or oral or vulvovaginal mucous membranes), cocidiodomycosis (at a site other than the lymph nodes),  cryptococcosis (at a site other than the lungs), histoplasmosis (at a site other than the lungs or lymph nodes), mucormycosis, or pneumonia (or extrapulmonary infection) Protozoan or helminthic infections: cryptospridiosis, isosporiasis, or microsporidiosis, with diarrhea lasting for one (1) month or longer; extra-intestinal strongyloidiasis, or toxoplasmosis of an organ other than the liver, spleen, or lymph nodes Viral … Continued

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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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March 18, 2013

Indianapolis Social Security Disability Attorney Scott Lewis Is Back!

After a bit of a break I am back to blogging.  I enjoy sharing my experiences concerning the Social Security Administration (SSA) with prospective and current clients through my blog, but I must admit, going to hearings and preparing cases for hearings can be time consuming.  So what has been happening since my last blog entry?  The best news for disabled Indiana residents is that the waiting time for a hearing has been getting shorter.  I have seen a noticeable difference in waiting times recently and wonder how long this current trend will last. What does this mean for you?  Depending on your financial situation, getting to a hearing even a few months sooner may be the difference between keeping your home or facing foreclosure, between having continuous access to health care or spending months without health insurance, or between obtaining monthly disability payments or completely depleting your life savings.  On the other hand, you may be in such a desperate situation that having to wait any time at all for a Social Security disability decision is enough to bring you to financial ruin.  So what can you do?  I tell my clients to look for low or no-cost healthcare through local hospitals and clinics, seek help from their local government trustees, and ask their physicians to help them find programs that provide medications at cheaper rates, just to name a few. These days, when I have clients who complain about their waiting time for a hearing, I find myself thinking how fortunate they are to only have to wait about a year to get a hearing.  You heard me right – they are fortunate, compared to my clients from not long ago who typically had to wait nearly two years to get a hearing!  Not only do the shorter wait times help our disabled clients get their benefits sooner, they also save those clients some money.  The sooner a claimant receives benefits, the fewer months of … Continued

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