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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Interstitial Cystitis Disability Attorney

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Interstitial Cystitis is a very painful bladder condition that effects women much more frequently than men. At the current time there is not a listing under Social Security Disability for this disabling condition, but this does not mean you cannot be found disabled if you suffer from Interstitial Cystitis, I have successfully argued a case involving it. There is hope in your case, and it is found under the new guidance rules posted by Social Security for this condition.

Social Security Disability has issued a guidance ruling on Interstitial Cystitis to assist both Judges and attorneys dealing with a claim based on it. The issues involving this disease include severe urinary frequency, sever pelvic pain, depression, urinary control loss and difficulty in sleep. So one might ask, Why is this not a listing?, Why is there only a guidance ruling?   It is hard to find the medical evidence to support this condition, currently there is no test to determine if you have this disease. At a hearing of the matter before a Social Security Judge it will largely depend on your testimony as to your symptoms, and matching those symptoms to the guidance ruling posted by Social Security.

In these cases it is very important to have a good relationship with your treating physician, although there is no test, at least the doctor will have in their notes your statements about how you have been suffering from these conditions. Under the guidance ruling that Social Security Disability developed many of these symptoms are included, so although there is not a test to determine if you have this disease, there are symptoms that have been accepted by Social Security to evaluate your claim.

I believe that this is a real and debilitating disease, I have seen first hand my clients that suffer from it. Although there is not a current listing,  it is very helpful to me as your attorney to have the new guidance rules to assist you in obtaining your disability. Please call the law office at toll free  (877) 271-2633  or  local at (615) 308-2633 to discuss your claim, I would be pleased to speak with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Arterial Disease Disability Attorney

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Arterial Disease requires the following from the disability listing at Social Security:

A. Intermittent claudication with failure to visualize the common femoral or deep femoral artery in one extremity, (as shown by medical records); or

B. Intermittent claudication with marked impairment of peripheral arterial circulation as determined by Doppler studies showing:

         1. Resting ankle/brachial systolic blood pressure ratio of less than 0.50; or

         2. Decrease in systolic blood pressure at the ankle on exercise of 50 percent or more of the pre-exercise level at the ankle, and requiring 10 minutes or more to return to pre-exercise level.

Arterial Disease is disabling in that it causes the arteries to some parts of the body to be cut off of blood flow, without proper blood flow those parts of the body will essentially die and require amputation. Many times I have seen this disease as a result of diabetes. Another result of the disease is clotting, when the blood clots and does not flow to a part of the body it becomes very painful to the claimant, and thus the pain to a leg or foot becomes so bad that the person cannot walk or walk effectively enough to sustain a job.

The medication given to many claimants with arterial Disease is Coumadin, the problem with this medication and working is, should you receive even a small cut you could bleed to death. Coumadin is a blood thinner, and while it is necessary for to help with Arterial Disease, it can be deadly if you receive a cut and do not attend to it properly.

Should you need assistance in your claim Arterial Disease disability claim, please give me a call, I would be pleased to speak with you. You may reach me anytime at toll free 1 (877) 271-2633 Monday through Saturday or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Attorney

Diabetes Disability Attorney

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Diabetes is a debilitating disease, it requires precise health care, and even with that Diabetes can lead to amputations, loss of vision and Neuropathy. Social Security Disability has a listing for Diabetes, it lists what is required to receive disability, as noted below:

Diabetes with;

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements or gait ans station; or

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (ph or pC02 or bicarbonate level; or

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03 or 2.04

Diabetes can result in severe weakening of the body, and or frailty along with instability in standing or walking. It is hard to show these things on paper through your appeal and reconsideration, even if they are contained in the medical records. At a hearing of the matter before a Social Security Judge it is more easily shown through your appearance and testimony.

Vision problems that accompany diabetes can result in the person being unable to read things, which all jobs require. Unable to drive a car or truck, and unable to even tell the difference in the value of money handed to them. The forgoing vision examples can show that even a job such as taking up tickets at a movie theatre may be impossible for a person with diabetes.

It is so very important to show the Social Security Disability department the results of your Diabetes, the end results of Diabetes can be shown at a hearing of your case, things like loss of vision, unsteady gate can be seen by the judge, and Neuropathy can be explained to the judge through your testimony. Conveying these problems is a very important part of your disability claim for Diabetes. 

Should you need assistance in your claim for disability as a result of diabetes please give me a call, I would be pleased to speak with you, and if I can be of assistance I would be pleased to be your disability attorney.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Amputation Disability Attorney

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Under the rules of Social Security Disability there is a listing for amputations, the listing states the following:

a. Both hands; or

b.One or both lower extremities at or above the tarsal region, with stump complications resulting in medical inability to use a prosthetic device to ambulate effectively, as defined in 1.00B2b, which have lasted or are expected to last at least 12 months; or

c. One hand and one lower extremity at or above the tarsal region, with inability to ambulate effectively, as defined by 1.00B2b; or

d. Hemipelvectomy or hip disarticulation

Just because you don’t meet this listing technically does not mean you cannot succeed on your claim. This is just simply the listing under Social Security Disability, there are so many factors that go into a disability claim, such as your former work, type of work, ability to be retrained, and ability to read and write.

Please give me a call should you need someone to fight for your disability, I would be pleased to help you out in your time of need.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Hepatitis C Disability Attorney

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Hepatitis C  is a debilitating disease that attacks your liver, you may have the disease and not be aware of it. There are numerous ways it can be spread. Many clients I have represented who have Hepatitis C, have also developed Cirrhosis of the liver, which in and of itself can be fatal.

There is a listing under the Social Security Disability rules that explains in a medical term how you meet this listing, however it has been my experience that the technical definition is hard to meet. I would rather try to explain how one might meet this listing through the symptons and limitations that accompany this deadly disease.

Clients relate these conditions to me as a result of their Hepatitis C. Many clients tell me that they suffer from constant fatigue, and weakness, they feel as though they cannot do very much physically. Sometimes people infected with Hepatitis C will not have symptoms for quite sometime, even though they are infected, however once the symptoms begin many clients inform me that even doing just a desk job exhausts them to the point of requiring immediate rest at the end of the day.

It is so important at a hearing based on Hepatitis C to explain to the Judge your symptoms, the Judge cannot see how tired this disease makes you, some things that need to be explained is your average day, how much rest you require, and what happened the last time you tried to work a full day at any job.

There is a very powerful drug used to fight Hepatitis C, it is called Interferon, this drug while helpful has many dilibilitating side affects that may keep someone from working a full day. The combination of the drug and the side affects from the disease are quite certainly disabling, however the Judge cannot see these things, therefore it is so very important to relay these issues at your hearing.

Should you need assistance in your claim for Social Security Disability, please give me a call 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.

Murfreesboro VA Colonoscopy

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The Murfreesboro Tennessee VA announced that from April 23, 2003 until December 1, 2008 veterans who had colonoscopies performed in the VA of Murfreesboro may have been exposed to HIV and Hepatitis C, due to a valve that was not properly sanitized and or attached to the medical machine used in the procedure.

The Murfreesboro VA believes that close to 6 thousand veterans may have been exposed to the body fluids of others, as the valve used in the colonoscopy was not properly cleaned and or placed correctly on the machine. The Alvin C. York VA Center of Murfreesboro has announced that they are offering free blood tests to determine if any veteran has contracted the deadly diseases. These free screenings have been offered via a letter sent out to veterans.

HIV and Hepatitis C are deadly diseases, you can have one or both and not be aware of it. It is important to follow up with at the Murfreesboro VA and have your blood tested. I am in hopes that no veteran will test positive, but what if you do test positive, what happens then?

Do you have rights against the Murfreesboro VA? Yes you do have rights, you should expect not to be exposed to someones body fluids by having a routine colonoscopy. If you do test positive for any diseases related to this treatment, you do have legal rights, although they are somewhat different because it involves the United States Government. Your claim may fall under the GTLA, (Governmental Tort Liability Act), I have filed suit under the GTLA before, it is not easy to take on the government and there are many hurdles to doing so, but in this case it may be required if you test positive for any diseases related to the colonoscopy procedure.

Your rights as a Veteran under the GTLA in regards to the Murfreesboro VA have deadlines and procedures that must be met to secure your claim. I would be pleased to speak to you and review your facts. There is no excuse for veterans of the United States to be subjected to such mistakes.

I would be pleased to speak with you at anytime about your situation. I have already spoken to several veterans and reviewed facts of the procedure, please feel free to phone me toll free at  (877) 271-2633 or local at (615) 308-2633.

Daniel L. McMurtry, Esq

COPD Disability Attorney

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To anyone that has suffered from COPD, Chronic Obstructive Pulmonary Disease, you know how destructive this disease can be to the body. COPD is listed under the listings for Social Security Disability as Chronic pulmonary insufficiency, it is classified by the following requirements:

(A) Chronic obstructive pulmonary disease due to any cause with specified FEV (forced expiratory volume). Meaning the government uses a height and weight chart along with your performance on a forced breathing test to determine if you qualify under this section. This test relies on the amount of air you can blow out in 1 second.

(B) Chronic restrictive ventilatory disease due to any cause, with FVC (forced vital capacity) . Meaning the amount of air you can blow out of your lungs in one blow, time is not an issue. This is based on your height, weight.

(C) Chronic impairment of gas exchange due to clinically documented pulmonary disease. Meaning a chemical analysis of your gas values in your blood and breath.

COPD can be the result of many other diseases such as diabetes or heart disease, it generally appears in claimants who are 50 years of age and older.  I have been able to use the Social Security Grid System to win some of these cases for my clients in the past. The Grid System is very important these type cases.

Should you need assistance with your COPD claim for Social Security Disability, please give the law office a call Monday through Friday at toll free  (877) 271-2633 or local at (615) 308-2633. I would be pleased to assist you in your time of need.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Congestive Heart Failure Disability

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Under the listings for  Social Security Disability there is a listing noted as Chronic heart failure. Meeting this listing puts the claimant in very poor health, the listing is so detailed that if you meet this listing your health is probably not very good at the moment.

The listing states the following:

(a) Documented cardiac enlargement by appropriate imaging techniques (a cardiothoracic ratio of greater than 0.50 on a PA chest x-ray with good inspiratory effort or left ventricular diastolic diameter of greater than 5.5 cm on two dimensional echocardiography, ) resulting in inability to carry on any physical activity, and with symptoms of inadequate cardiac output, pulmonary congestion, systemic congestion, or anginal syndrome at rest; or

(b) Documented cardiac enlargement by appropriate imaging techniques, or ventrical dysfunction, abnormal wall motion or left ventricle ejection ratio of 30% or less by imaging techniques; and

Inability to perform on exercise test at workload to 5 (mets) or less due to symptoms of chronic heart failure,  in rare instances a need to stop exercising testing at less than this level of work because of:

a. Three or more consecutive ventricular premature beats or three or more multiform beats or;

b. Failure to increase systolic blood pressure by 10 mmHg or decrease in systolic pressure below the usual resting level; or

c. Signs attributable to inadequate cerebral  perfusion, such as ataxic gait or mental confusion; and

(2) Resulting in marked limitation of physical activity, as demonstrated by fatigue, palpitation, dyspnea, or anginal discomfort on ordinary physical activity, even though the individual is comfortable at rest; or

C. Cor pulmonale fulfilling the criteria in 4.02 A or B.

The issue with Heart Failure under Social Security Disability is very technical, for someone to meet this listing above they are in, or must be in very poor health, which is a sign of Congestive Heart Failure. The things that go along with heart failure are congestion in the lungs, liver, circulatory system, and places where large amounts of blood are in the body region. 

It is important to be able to relate your symptoms of heart failure to the Social Security Administration, not only by your testimony, but by your medical records from doctors and hospitals. The severity of your symptoms is key in your application to obtain Social Security Disability.

Should you need assistance in your disability claim, please give the law office a call at toll free 1 (877) 271-2633 or local at (615) 308-2633. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Hip Replacement Disability Attorney

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Unfortunately I come across cases that sometimes are the result of a hip replacement surgery that has not turned out very well for a host of reasons, I am often asked by clients that phone me, “is there a disability listing for a bad hip replacement”? The answer is yes there is, it is a listing called, Reconstructive surgery or surgical arthrodesis of a major weight bearing joint, in terms we all understand a little better, this listing is referring to things such as hip replacement surgery.

One of the key factors to be noted for disability listed under Social Security for hip surgery is the actual notes, medical records are kept very well on hip replacements, even down to the serial number of the hip replacement that was used in your procedure. As noted above, there are a host of reasons that things are not the same with a replaced hip, there are so many, and many reasons unique to each person.

In regards to what is required under the listing, the other key factor is, are you expected to be ambulatory, ie moving about, within the 12 months after surgery? I have found that most hip replacement individuals are not very ambulatory within 12 months, and it seems that the older the claimant, the less likely they will be up and about in 12 months.

Many claimants have commented to me that even when sitting for a period of time it becomes painful, this is important in Social Security Disability claims, because it could possibly eliminate you from being able to do even sedentary work like taking up tickets at a theatre or toll booth. When a hip replacement fails it can be a life changing event for you and your family.

If you need assistance in your disability claim, please feel free to phone the office Monday through Friday at toll free 1 (877) 271-2633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Back Injury Disability Attorney

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I have had several cases involving back injuries, many people through no fault of their own have hurt their back over the years of work, and have to undergo surgery as a result, many times leaving them unable to work, and thus applying for Social Security Disability.  Many times these disabilities become prevalent in the lower part of the back or lumbosacral area.

Spine disorders include, herniated nucleus, spinal arachnoiditis, spinal stenosis, osteorarthritis, degenerative disc disease, facet arthritis, verebral fracture with:

(1) Evidence of a nerve root compression

(2) Spinal arachnoiditis, confirmed by operative notes or pathology report

(3) Lumbar Spinal stenosis resulting in pseudoclaudication   

Many people have or will have back surgery, I have met many clients who have had back surgery, but do not know if they fall under one of the technical terms above. Many people know they have severe back pain, but do not understand the above mentioned list.

A severe back injury requiring surgery can be a career ending disability. Please give the law office a call Monday through Friday at toll free 1 (877) 271-2633 or local at (615) 308-2633 and let me review your claim and see if I can help you out in your time of need.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.