Social Security Disability

NASHVILLE DISABILITY ATTORNEY SOCIAL SECURITY DISABILITY LAWYER REPRESENTING DISABILITY CLIENTS IN THE SOUTH EAST AND THROUGHOUT THE UNITED STATES TOLL FREE 1-877-271-2633

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Chronic Pancreatitis Attorney

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Chronic Pancreatitis is a severe and disabling condition that effects a wide range of individuals. It is very painful and very unpleasant to deal with by anyones standards. Social Security Disability reviews the treating physician’s records in these cases to determine the severity of the Pancreatitis.

The medical records of my clients generally show in cases of Pancreatitis that the attacks are painful, they last long periods of time, they are unpredictable when they occurre, and how much pain there is between each and every attack of  Pancreatitis. I am usually asked, is there a difference between Acute Pancreatitis and Chronic Pancreatitis? The answer is yes, Acute goes away after a few days and does not come back, Chronic is recurring, and does not go away.

Pancreatits produces pain, nauseau, vomiting, and repeatedly returns, it is so dibilitating that most people cannot keep a job, and thus must file for Social Security Disability. It is not easy to deal with this disease and disability filings, we could be pleased to help you out, and allow you peace of mind. 

Please give me a call if I can be of assistance to you in your time of need, you may reach the law office Monday through Saturday at toll free (877) 271-2633 or local at (615)308-2633.

I look forward to hearing from you, and remember if you can’t come to us, we will come to you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Bipolar Disability Attorney

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Bipolar disability is a very real medical condition that effects millions of people. Social Security refers to Bipolar disability as an affective disorder. This disability is charaterized by a disturbance of mood, along with manic episodes or depressive episodes. It sometimes can be somewhat controlled by medication, I have found that my clients can controll their Bipolar better with the medication, but the side effects from the mental health drugs are so great that it does not allow them to sustain a job, and or employment. 

Many signs of Bipolar disorder are things such as; Decreased energy; feelings of guilt; flights of ideas; feelings of grandeur; lack of sleep; sleeping for long periods of time; and eating disorders. There are a host of issues that result from Bipolar disorder, the above few illustrate the difficulty in functioning daily, and these above issues do not include all the side effects mental health drugs prescribed to controll these symptoms produce.    

The condition for Bipolar disability are met when you have documented medical proof of the condition. The disability needs to be documented to almost its onset, (the year is started). It is very helpful in these cases to have the psychiatrist  fill out a form known as a medical source statement. The medical source statement is a form that allows the Dr. to tell the Social Security Disability department about your current condition, it can be viewed by the judge, as well as the other individuals that review your claim at the department of disability.

Many times people who suffer from some form of mental illness such as Bipolar disorder, also have a substance abuse problem. Many times I find that my clients are what is refered to as self medicating, because they cannot afford the expensive mental health drugs to stablize their condition. This issue can and must be explained to Social Security Disability, as long as the claimant is free of substance abuse now, that past self medication is not an absolute bar to obtaining your disability.

If you or a loved one suffer from Bipolar disorder, please give my office a call, I would be pleased to speak with you at toll free (877) 271-1633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Burn Disability Attorney

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You or a loved one has been burned severely, on top of the large medical bills and dealing with insurance you realize there is little to no money coming into the family for day to day living, and you realize you will never work again, Is there hope? Absolutely, I have represented burn clients in the past and continue to do so, I have found through disability representation that burn clients have far more health problems than most people would assume, besides the difficult and painful surgeries and recovery from burns, there are generally far more health problems that must be presented to the Social Security Disability judge.

The first such additional condition that most people do not think about is breathing, many of my burn clients have had to go on supplied oxygen to help with their breathing. In an explosion, sometimes the flames are quiet literally burning the lungs through the windpipe, once the lungs are scared it can be difficult, if not impossible to breath without the use of  oxygen. Many clients involved with burns suffer permanent scarring of the lungs. As one might think, many employers simply will not allow you to work at their place of business, if you require the assistance of an oxygen tank.

The second problem is how the environment affects the burned areas of your body. Many people do not realize that many burned areas of the body once repaired, do not contain sweat glands, thus the client applying for disability cannot sweat, and must avoid heat and direct sunlight, this severely impairs the chances of being employed, and may eliminate any and all chances of employment. Likewise cold weather can affect a burn client’s skin as well, many if not all burn clients of mine must avoid cold weather as well as hot weather.

The third element that arises in burn cases is the scarring and mental aspects that many people suffer as a result. While the scares are visible, the mental aspects are not so visible, however this can be shown by a doctors observation of you or your loved one or family member. A medical professional can evaluate your mental condition as it relates to your disability.

If you need assistance in your disability claim, please feel free to give the law office a call at 1 (877) 271-2633 or call local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Disability Hearing

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You have just received a letter telling you that Social Security Disability has your file at the regional hearing office and they will be in touch with you about a hearing, does this sound familiar? It does to many, if not all people who apply for Social Security Disability. Most people phone me and ask, What does this letter really mean? I’m I  having a hearing in the next weeks, months, etc. The answer is usually no, most of the time it is many months before you will find yourself before a judge who is assigned to hear your disability claim.

The time between  receiving the letter and your disability hearing is a great time to gather and or make Social Security Disability aware of your continuing treatment, or for those who cant afford any treatment, it is a time to see some of the Social Security Doctors, or other health care professionals for the evaluation of your disability.  This is also a great time for me to review your records, and before your hearing date write a pre-trial brief.

I prepare a brief for your disability hearing to help point the judge to our strongest medical arguments for your disability claim. It is a brief including your medical records, your history of work, education, and procedural things like when you applied and were denied. It allows the judge to get a snap shot of your case before and during your hearing.

I am often asked, Do I have to say anything?  Simply the answer is yes, the disability judge will generally ask you questions about your daily activities, your financial history, your work background, and most importantly your health issues. Honesty in this questioning is crucial to your case, it is never acceptable to answer the judge with anything but the truth.  Many times my clients are fearful of some of their answers hurting the claim, and most of their worries are unfounded, honesty is always the best policy at your hearing.

How long until I get a ruling from the disability judge, after my hearing? There is no timeline for a decision, but usually I would say 4 to 5 weeks until a decision will be made. They will send a copy to me as your lawyer, and to you.

These are a few of the things that occure at your hearing for Social Security Disability, should you have any questions always feel free to phone the law office at toll free 1-800-271-2633 or local at 615-308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

My Disability was Denied

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You have worked your entire life, you become disabled, what are your options? The process of applying for disability can be an enormous task, there are deadlines to meet, appeals to file, and in most cases a hearing before a Federal Administrative Law Judge.

Where to apply for disability? You may apply either by telephone, in person at the office of Social Security, by mail, and by the website of the Social Security Department.

What happens after I apply, will I automatically get my disability? Generally speaking the answer is no, most people do not get their disability approved after their initial application.

What happens after I am denied my disability the first time? After your denial you may appeal this decision, this appeal is called reconsideration, you are asking the Social Security Disability agency to reconsider their decision, unfortunately most people are again denied at this stage as well.

What happens if they deny my appeal? You have a right to ask a Federal Administrative Law Judge to hear your case, as with this entire process you have dead lines you must meet, otherwise your claim will dismissed based on you failing to take action in the allotted time frame.

What happens at the trial of my case? You will need to have all of your medical records up to date, a trial brief is a good idea to present to the judge, your testimony, ability to cross examine the vocational expert, an understanding of the grid system, the listings, the classification of your prior jobs, the exertion limits and how they apply to possible jobs the vocational expert might say  you can perform, these are a few of  the things that should be done at your hearing before the judge.

How do I pay an attorney, I can’t afford one? I am payed only if I win your case, and only if there is back pay owed to you, (back pay is the money you receive if you win your claim based on the months it has taken since your date of illness that stopped you from working). The government witholds a fee from your back pay, to pay your attorney. The government caps the amount of money that can be paid to the attorney.

What is the difference if someone said they are an advocate, but not an attorney? As an Attorney I was required to attend law school for 3 years to obtain my law degree, 4 years of college, and pass a test administered by the State of Tennessee called a Bar exam, then I became licensed to practice law. An advocate that is not an attorney, has not become licensed by the Bar of their state, and has probably not attended law school, you may want to ask if the person you are allowing to represent you is a Licensed Attorney or just an advocate.  

As a Licensed Attorney I would pleased to speak with you about your disability claim, please give me a call anytime Monday through Saturday at toll free (877) 271-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Seizure Disability Attorney

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Seizures, more medically termed Epilepsy is a neurological disorder. Social Security Disability has two listings that involve seizures, one is called Epilepsy non convulsive, the other one is called Epilepsy convulsive.  Under the rules of Social Security Disability your impairment due to seizures will be determined based on several factors, including; type of seizures; the amount of time they last; the presence or absence of the aura; any injuries you sustain because of the ongoing seizures; sphincter control; tongue bits. All of these factors will be taken into consideration.

One of the most important factors will be your medical records, and if a medical professional has not seen you have a seizure, then providing a witness will be very important. Below you can read the technical requirements that disability sets out for seizures / epilepsy.

11.02 Epilepsy convulsive, (grand mal, psychomotor), these are documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. With:

A. Daytime episodes (loss of consciousness and convulsive seizures); or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy non convulsive (petit mal, psychomotor, or focal)  documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day. 

Should you need assistance with your disability claim, please feel free to phone the office Monday through Friday at our toll free number (877) 271-2633 or local at (615) 308-2633. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Menieres Disease Disability Attorney

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Social Security Disability has a listing for Meniere’s Disease, it requires the following:

Disturbance of labyrinth-vestibular function characterized by a history of frequent attacks of balance disturbance, tinnitus, and progressive loss of hearing: with both A and B:

A. Disturbed function of  vestibular labyrinth demonstrated by caloric or other vestibular tests; and

B. Hearing loss established by audiometry.

Meniere’s Disease disease effects a persons ability to balance, the attacks come and go, with no set time frequency.  Should the attacks become frequent it is nearly impossible for a person to be gainfully employed. An attack while driving a large truck, using a sharp instrument or large construction equipment could have catastrophic consequences.   

There is currently a test to determine Menieres Disease, it is called ENG. It is important to attempt to have this test performed on yourself, should you wish to pursue a disability claim. There are many side effects to the disease, including nausea, vomiting and falling down.

Should you need assistance in your disability claim, please give my law office a call anytime  Monday through Friday at  toll free (877) 271-2633 or local at (615) 308-2633. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Aspergers Syndrome Disability Attorney

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Aspergers Syndrome is listed under the Social Security Disability Listing of Autism. The problem that I encounter with explaining Aspergers Syndrome to the courts is, it is a social interaction syndrome, so it is different than Autism. In my representation of clients with it, I find that alone or in a protected group they may appear to be healthy both mentally and physically, however their social interaction can sometimes turn violent and self abusive, it is a very difficult syndrome to manage and many children who suffer from it will require help from their parents the remainder of their life.

Aspergers Syndrome prevents an individual from understanding the basic social functions like, expressions, gestures, and or how someone conveys a feeling by the language of their body movements. It is hard to convey this difficulty to people who are not familiar with it. Many times I have let one of the caretakers or parents testify at the hearing to explain to the judge how the child interacts with the family and the general public. It is a hard thing to explain to the judge that the child sitting their quietly in the court is disabled.

In presenting a case of Aspergers Syndrome it is important to have a diagnosis from a physician who is familiar with the problem. The most important things include the diagnosis, the child being present, and testimony from the parent or parents. It is necessary to convey to the court the childs social interactions issues, because in a small courtroom the child may present as quite and well grounded mentally, when in fact that is not the case at all.

Should you need assistance in your claim for disability, please feel free to phone me Monday through Friday toll free (877) 271-2633 or local at (615) 308-2633. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Rheumatoid Arthritis Disability Attorney

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There is a listing under Social Security Disability entitled inflammatory arthritis, this is the listing for Rheumatoid Arthritis. The listing requires the following medical conditions, but remember there are other ways to meet Social Security Disability requirements other than this listing for Rheumatoid Arthritis.

A. History of joint pain, swelling, and tenderness, and signs on current physical examniation of joint inflammation or def0rmity in two or more major joints resulting in inability to ambulate effectively or inability to perform fine and gross movements effectively, as defined in 14.00B6b and B2c; or

B. Ankylosing spondylitis or other spondyloarthropathy, with diagnosis established by findings of unilateral or bilateral sacroliitis (e.g. erosions or fusions) shown by appropriate medically acceptable imaging, with both:

     1. History of back pain, tenderness, and stiffness, and

     2.  Findings on physical examination of ankylosis fixation of the dorsolumber or cervical spine at 45 degree or more flexion measured from vertical position zero degrees; or

C. An impairment as described under the criteria in 14.02A systemic lupus erythematosus; or

D. Inflammatory arthritis with signs of peripheral join inflammation on current examination, but with lesser joint involvement than in  A and lesser extra articular features than in C, and:

     1. Significant, documented constitutional symptoms and signs (e.g. fatigue, fever, malaise, weight loss), and

    2. Involvement of two or more organs/body systems. At least one of the organs/body systems must be involved to at least a moderate level of severity.

E. Inflammatory spondylitis or other inflammatory spondyloarthropathies, with lesser deformity than in B and lesser extra-articualr features than in C, with signs of unilateral or bilateral sacroiliitis on appropriate medically acceptable imaging; and with the extra-articular features described in 14.09D.

Rheumatoind Arthritis is a dibilitating disease, it can strike young and old alike. It can deform the body and make everyday choirs seem impossible. Daily living activities such as simply shopping or driving can become to painful. If you or a loved one suffer from Rheumatoid Arthritis please give me a call, I would be pleased to review your Social Security Disability claim at no charge, and there is never a fee unless I win your claim.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

PTSD Disability Attorney

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Post Traumatic Stress Disorder is a very real and debilitating disorder. I have represented veterans from the Vietnam War, Middle East Wars, and victims of traumatic events such deaths and criminal acts. All the conditions of PTSD make it impossible to be gainfully employed.

It is a disorder that is not generally seen by others, unless they live with you, or are around you quite often. It is for this reason that your testimony and medical records are so very important, explaining to the judge your episodes of PTSD can be very difficult, but it is necessary to establish your  disability claim. Below you will find the technical listing that Social Security establishes PTSD under:

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in both A and C are satisfied:

A. Medically documented findings of at least one of the following:

1. Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms:

 a. Motor tension; or

 b. Autonomic hyperactivity;

 c. Apprehensive expectations; or

 d. Vigilance and scanning; or

2. A persistent irrational fear of specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or

3. Recurrent sever panic attacks manifested by sudden unpredictable onset of intense apprehension, fear, terror, and sense of impending doom occurring on the average of at least once a week; or

4. Recurrent obsessions or compulsions which are source of marked distress; or

5. Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress; and

B. Resulting in at least two of the following:

 1. Marked restriction of activities of daily living;  or

 2. Marked difficulties in maintaining social functioning; or

 3. Marked difficulties in maintaining concentration, persistence, or pace or

 4. Repeated episodes of decompensation, each of extended duration; or

C. Resulting in complete inability to function independently outside the area of one’s home.  

Should you need assistance with your PTSD claim, please free to phone the law office. You may reach me daily Monday through Friday at toll free (877) 271-2633 or local at (615) 308-2633 . I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.