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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MS Disability Attorney

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MS disability attorneyAs an MS disability attorney I keep updated on MS medications and types. MS also known by its full name Multiple Sclerosis is a deadly disease. As your MS disability attorney I understand that MS attacks the brain and central nervous system. The progression of the disease can lead to severe  problems with normal autonomic functions, such as digestion, heart rate, breathing and salivation. In latter stages of MS it becomes difficult for many of my clients to control their balance and walk. Fatigue will often overcome many of my clients even though they may still have the ability to walk a block or two.  Let me be your choice for an MS disability Attorney. 

While in recent years some new and promising breakthroughs have taken place in regards to MS, the continued toll on the body that MS takes is over whelming to most individuals. It destroys many claimants ability to do simple task such as walk, take care of themselves, shop for groceries and live independently.

It is hard for many of my clients to accept the results of MS, many clients tell me that their last resort is filing for disability, as they have drained their savings and have no other options. I always tell clients that filing for disability when you have MS is nothing to be bashful about, the cost of today’s medicines and treatment are far more than most people can afford.

I would be pleased to assist you with your claim, you need only phone my office, and if you can’t come to me, I will come to you. When you phone my law office you will speak directly to me, and I will be the one to represent you through your entire claim. I look forward to helping you and being your MS disability attorney.

Daniel L. McMurtry, Esq.

www.socialsecuritydenied.com

Knee Replacement Disability Attorney

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There is a listing under the rules of Social Security Disability that includes knee disorders. Knee disorders is a large grouping of knee problems, including total replacement of the knee and or surgery that is needed and the Dr. decides that you are not a good candidate for the surgery. Knee problems can effect anyone, at anytime. Once the knee has to be replacement, it is generally a life long process that you must deal with, and be able to maintain a job, sometimes maintaining the job becomes impossible due to your limitations, and or the pain associated with knee replacement.    

The requirements to meet this listing are things such as reconstructive surgery on  a major weight bearing  joint, this includes the knee, the listing also requires that you do not have the ability to ambulate effectively, either after the surgery or since you are not a candidate for surgery, you cannot ambulate effectively in your condition. The pain associated with knee problems is tremendous, due to the fact that it is always under pressure from the weight of your body. 

In many cases of knee replacement, the pain is constant and the medications used to alleviate the pain are so strong that the claimant cannot perform past work, and or any sedentary work that might be available. Even in sedentary work an individual might be required to use pedals or foot controls, and many knee replacement claimants cannot tolerate the pain from these requirements.

Should you need assistance with your claim for social security disability, please give me a call, if you cant come to me, I will come to you. 

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Depression Disability Attorney

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depression disability attorneyAs a depression disability attorney I understand there are many issues to address. Depression is a listing under the rules of Social Social Security Disability, it involves things such as mood disturbances, and partial or full episodes of manic behavior. In providing strong representation as a depression disability attorney I keep up to date on what social security looks at in your claim. Social Security Disability considers Mood to be your prolonged state of emotion, sometimes this can either be thoughts of excitement, or delusions of grandeur, or it can be prolonged episodes of depression involving hospital care for mental illness. Let me be your depression disability attorney.

Many times depression cases involve a great deal of records on your mental health. Some things that disability looks at in the records are; your energy levels; your feelings of self worth; sleeping patterns; loss of interest in things; suicidal thoughts; decreased need for sleep; hyperactivity; hallucinations. These are some of the issues that your medical records usually address when it comes to your mental illness and depression.

Social Security Disability takes the above mentioned factors and then asks you; have you had episodes of mental breakdowns? Are your activities severely marked, ie effected? Are there repeated episodes of mental breakdowns, and how long do they last? Can you adjust to the surroundings of a changing work place? These are some of the issues that disability will look at along with your medical records that contain specific facts about your mental health and depression.

Depression is a real chemical imbalance, the diagnosis of it, and the treatment of depression has come a long way. Social Security Disability recognizes that depression is real and as such it has become a listing under which disability can be granted if you meet the requirements.

Please give me a call toll free at 1-(877) 271-2633, or local at (615) 308-2633 and I would be pleased to assist you in your disability claim. If you can’t come to my law office, I will come to meet you.

Daniel L. McMurtry, Esq.

www.socialsecuritydenied.com

Denied My Disability

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denied my disability Denied my disability, how can they do that?  Often the first words I hear are the title of this article, I can’t believe they denied my disability.  Unfortunately that is most common in the area of law I practice, Social Security Disability. Some people are under the impression that one need only apply, and that will result in receiving benefits, most of the time that is simply not true. The truth is more than not, you will saying they denied my disability, I cant believe it. We see this everyday at our office, please give me a call, after you have said to yourself they denied my disability, make me your next move.  

Today Social Security has developed many ways to apply for disability, you can use the internet, the phone or mail. I encourage clients who come to see me before they apply, to use the internet. If you use the internet you will not have to wait on a phone, and you can apply seven days a week, and at anytime of the day. However, as stated above, you will probably receive the standard denial letter after your application for disability benefits has been fully completed.

Once you are denied disability, the clock is ticking, you are under a  deadline to get your information returned to  Social Security Disability or you risk your case being denied based on a failure to meet the deadlines, this step of the appeal process is known as reconsideration. If you fail to make their deadlines, usually you must refile all over again from the beginning with Social Security.

Once your first appeal is in,  usually you will be denied for a second time, once you are denied the second time you must again meet deadlines or your disability claim will be denied, and you will have to start all over from the beginning. This next step in your appeal process is called asking for an ALJ hearing. There are many forms and documents that must be filled out and returned to Social Security, it may seem like many of the documents have already been filled out when you applied, but you must fill them out again if you wish to properly proceed with your appeal and be heard by the ALJ.  

If there is situation where you have missed your disability deadline by a short time, I have been successful in re-opening cases for clients, and thus they do not have to start all over.  Social Security Disability is very particular about making deadlines in regards to your disability claim.   

After filing for your ALJ hearing at Social Security they will inform you of the new dates, the required paperwork, when your hearing will be, who your vocational expert will be, and when you must provide Social Security Disability with all your updated medical records, without your updated records it may be impossible to prove your claim. I always like to include when possible, a medical source statement filled out by a medical doctor.

Social Security Disability is a daunting task, the above explanation of the claims process is only a glimpse of the work that goes into a client’s case. Should you need an attorney to represent you in your claim, whether you are about to file, or you are about to have a hearing, please give me a call, I would enjoy speaking with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Crohns Disease Attorney

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Crohns disease attorneyAs a Crohns Disease attorney I represent individuals who suffer from Crohns Disease, this disease can strike at anytime, and the consequences are painful, and I understand that as a Crohns Disease attorney, if Crohns is not treated properly it can lead to death. Crohns disease involves the bowels, symptoms can be bloody stools, fever, liver disfunctions, and intermittent obstruction. Let me be your Crohns Disease Attorney, Florida, Tennessee, in the SouthEast and nationwide.

Crohns disease can most certainly be described as any inflammation of any part of the gastrointestinal tract, but most often Crohn’s disease is the inflammation of the distal ileum or colon. Sometimes complete removal of the colon is required, however this is no guarantee that the pain will stop. Most Crohns disease claimants go through episodes of the disease, the key part of the Social Security listing for it is, how long does the period of recurrence last? How long does persistence last? How long does the intermittent obstruction last?

Although difficult to discuss, the main issues with Crohn’s disease can be the constant diarrhea and weight loss, the diarrhea is so difficult sometimes that it prevents clients from keeping their job. The weight loss can lead to devastating health issues, and without medical treatment, possibly death.

The drugs used to treat Crohn’s disease can have terrible side effects. The drug Prednisone is used in the most severe cases of the disease. It is most important to describe these side effects to Social Security Disability. Hospital stays are generally part of a client’s treatment if they have been prescribed Prednisone, it is a sign of how serious the condition has become for the client.

The importance of all medical records and client’s testimony relating to this disease cannot be understated. The medical records for a Crohns disease claimant reveal the doctors thoughts, treatments, recurrence, and treatment of the disease, the records are also used to show an arthritic condition that occurs with Crohns disease.   The testimony although sometimes hard for the client to discuss is essential as well, it is so very important to let Social SecurityDisability know about your conditions including, diarrhea, fevers, arthritis, and pain.

I would be please to speak with you about your disability claim, there is never a fee at my law office unless I win your claim, and there is no obligation for calling. Feel free to reach me at toll free (877) 271-2633 or our local number at (615) 308-2633.

I look forward to hearing from you.

www.socialsecuritydenied.com or

crohnsdisabilityattorney.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.

ALS Disability Attorney

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The full name of ALS is Amyotrophic Lateral Sclerosis, it is called Lou Gehrigs Disease by most. This disease is progressive and invariably it is fatal. The disease attacks the nerve cells that control voluntary muscle movement. The result in most cases is the inability to control and or move muscles, the disease attacks every aspect of the human body, including the lungs, vocal chords, and muscles used to swallow.

Under Social Security Disability there is a listing for ALS. The diagnosis may be made by electrophysiological study, your history, and neurological findings that are generally the same as ALS. Currently there is not one test to determine if in fact you have ALS.

Social Security Disability requires the diagnosis to be made with generally accepted medical practices. The generally accepted practices are really just what is accepted in the medical community as the proper way to diagnose ALS.

While there is not currently a cure, being able to have insurance and a monthly check through Social Security for treatment can ease one of the burdens that this disease puts on a person. If you need assistance with your disability claim please feel free to phone the office at anytime Monday through Saturday at toll free (877) 271-2633 or local at (615) 308-2633. I look forward to speaking with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.