The mental condition known as “anxiety” can also serve as the basis to obtain Social Security disability benefits. What is anxiety? How serious does anxiety have to be in order to qualify as a disability? “Anxiety” is a normal reaction to stress. It is part of mental makeup which is…
On June 17, 2010, the U.S. Treasury issued a proposed rule to require that all payments to claimants whose claims for disability benefits are filed on or after March 1, 2011 be paid by direct deposit, thereby eliminating paper checks. Many claimants have chosen already to receive their payments by…
The Social Security Administration (SSA) has listed the condition commonly known as “depression” as a basis to obtain Social Security disability benefits. Depression is actually under a broader category of mental impairments called “Affective Disorders”. So what are “Affective Disroders”? “Affective Disorders” is a psychiatric term used to describe a…
Over the next several blog entries, the topic of mental illnesses in Social Security Disability Cases will be discussed. Many people have asked whether depression, anxiety (which includes panic disorders, post traumatic stress, obsessive/compulsive disorder and agoraphobia) and bi polar disorder can serve as the basis for an award of…
Over the years, I have heard people remark that so and so received disability benefits because of a drug or alcohol addiction. In fact, many believe that the law provides for the granting of disability to addicts. The law is far more complicated. Before 1994, a person could receive disability…
The Court of Appeals of Indiana recently decided in the case of Hillebrand v. Large, 914 N.E.2d 846 (Ind. Ct. App.) that “the damages awarded in a wrongful death action may include the reasonable attorney fees necessary to pursue the action, and these damages inure to the exclusive benefit of…
In Pfenning v. Lineman et al., 2010 Ind. App. LEXIS 164, the Court of Appeals of Indiana, expanded the doctrine of no duty from one participant in a sporting event to another to include not just the players, coaches and those sitting on the bench to also include volunteers at…
The Federal Register published on December 14, 2009 a change to the Endocrine Listing (Listing 9) proposed by the Social Security Administration (SSA). SSA proposed that the impairments set out in Listing 9 be eliminated. Listing 9 includes not only thyroid disorders but also diabetes. The elimination proposal by SSA…
Under Indiana’s Child Wrongful Death Act (I.C. 34-23-2-1) a parent may recover for the loss of child killed by the negligence of another. There is no cap under the Child Wrongful Death Act. There is however, a cap under the Adult Wrongful Death Act (I.C. 34-23-1-2) for love and companionship…
On January 27, 2010, the Indiana Supreme Court held that the period of time that the immunity for loses caused by temporary weather lasts is “at least until the weather condition has stabilized”. The high court also held that during this time period, the governmental unit is immunized for liability…