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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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.

Cancer Disability Attorney

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Under Social Security Disability there is a listing  for Cancer.  Disability requires more (unless terminal) than just having had cancer or having cancer. Generally it is the procedures you go through and or the resulting damage to your body that can result in your being awarded disability benefits. Below I have set out some types of cancer that are listed under Social Security Disability:

Head and neck cancer;Sarcoma;Sarcoma of soft parts; Malignant melanoma; Lymph nodes; Salivary glands; Thyroid glands; breast; Skeletal system; Mandible maxilla orbit or temporal; Brain spinal cord; Lungs; Pleura or mediastinum; Abdomen; Esophagus or stomach; Small intestine; Large intestine; Liver or gallbladder; Pancreas; Kidneys,adrenal glands or ureters-carcinoma; Urinary bladder; Prostate gland; Testicles; Uterus; Ovaries; Leukemia; Uterine tubes; Penis; Vulva.

Should you need assistance with your disability claim, please feel free to phone the law office Monday through Friday at toll free (877) 271-2633 or local at (615) 308-2633, I would be pleased to speak with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Disability Attorney

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What does one expect from their disability attorney? I have tried to build my practice around what I would expect, if I were being represented for disability benefits. The following are some things I think people want and expect from me, not merely an advocate, but a licensed attorney.

1. I think people want to know that I am an attorney, not merely an advocate, you will notice some people talk about being advocates, but listen closely, do they ever say they are licensed attorneys? I am a licensed attorney, and attended Mississippi College for my law school education.

2. I think people want to see their attorney, you will see me, I will come to your home if you would like, I would much rather meet you in person than send you a packet through the mail. I think people want to know and see their attorney. You will not be calling a phone bank, you will talk to me.

3. I think people want to know if you have ever been before a judge or jury, have you represented people and not just companies or businesses, have you ever deposed a surgeon, doctor, engineer, etc.

4. I think people want a disability attorney that will answer his or her phone, and not have to leave voice messages with a secretary or voice mail machine.

5. I think people want to talk to their disability attorney, find out how their case is proceeding.

6.  I think people want an attorney who understands there is a grid system, and a listing system in the social security disability procedure. An attorney that understands there are many procedures involved in disability law.  

 7. I think people want an attorney who can seek the advice of a medical doctor, or nurse to discuss their case.

  8.  I think people want to be treated with respect.

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

Daniel L. McMurtry, Esq.

www.socialsecuritydenied.com

Back Injury Spine Injury

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There is a listing under the rules of Social Security Disability entitled Disorders of the Spine. In terms that we all use more frequently this would be a back injury, and or back problems, things like back surgery, having screws, pins, plates or cages attached to the spine would fall under this category. It includes problems with the back that have arisen over your life time like herniated disc, arthritis, fractures, nerve root problems and spinal stenosis. Social Security Disability combines these problems, (whichever one you may fall under) and under the listing requires one of the additional following things:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and if there is involvement of the lower back, positive straight leg raising test OR

B. Spinal arachnoiditis confirmed by an operative note or pathology report of tissue biopsy or by appropriate medically acceptable imaging, manifested by sever burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours OR

C. Lumbar spinal stenosis resulting in pseudoclaudication established by findings on appropriate medically acceptable imaging manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively.

A back injury or back problems are severely disabling, many people who work jobs that require lifting and carrying can no longer perform their tasks at work. Should you need assistance with your claim for Social Security Disability please give my law office a call toll free (877) 271-2633 or local at (615) 308-2633. I am not just an advocate,  I am your attorney.

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.

Schizophrenia Disability Attorney

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Under listing 12.03 Social Security Disability lists the requirements for Paranoid Schizophrenia, the requirements are as follows:

A. Medical documented persistence, either continuous or intermittent, of one or more of the following:

1.Delusions, hallucinations; or

2. Catatonic or other grossly disorganized behavior; or

3. Incoherence, loosening of associates, illogical thinking or poverty of content of speech if associated with one of the following;

a. Blunt effect; or

b. Flat effect; or

c. Inappropriate affect; or

4. Emotional withdrawal and or isolation; 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.  Medically documented history of chronic schizophrenic, paranoid, or other psychotic disorder of at least 2 years duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episode of decompensation each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or 

3. Current history of 1 or more years inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

Schizophrenia is a real and dibilitating condition, this disease does not know and age limit, high or low, I have represented claimants in their teens, all the way to their sixties. Most individuals require the help of someone living with them, this disease takes a toll on both the claimant and the family, especially if money is an issue, as it is with most people. The money to care for someone most of the day, every day is quite high.

The medical records are very important in these cases, for sometimes an individual can appear ok at a hearing, but with the aid of their medical records I can explain to the judge their true condition. Should you need assistance with your claim, or the claim of a friend or loved one suffering from Schizophrenia, please give me a call Monday through Friday at toll free (877) 271-2633 or local at (615) 308-2633, I would be pleased to speak with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Tennessee Disability Attorney

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As an Attorney representing people for their Social Security Disability I find that there are some important questions that have to be asked before the hearing or appeal of my clients claims, I thought I would share these questions with other individuals who might be in the middle of their Social Security Disability claim.

I start with the questions that in my opinion are important to Social Security, and they are as follows:

  1. How old was the client at the date they claimed disability? This is very important under the rules of Social Security, there are certain ages that change the way your claim is looked at on the Grid, (the grid is a system developed by Social Security to assist in the evaluation of your claim), claimants being older at the date of their disability have a less stringent placement on the grid system.
  2. What is your education level, again this question is important in every aspect of a disability claim, but especially as it relates to the grid system used by Social Security Disability.
  3. Work experience, the type of work you have done in your past is placed against what definition Social Security has in the defining of your work, this is done through use of a book accepted by Social Security. It can define your work as either skilled or unskilled, both definitions of your past work are very important to your claim.
  4. Daily activities, meaning what do you do during your normal days while waiting on your disability decision? It requires a thoughtful look back into your daily routine, it is very important to know this information.
  5. If you are not working, how are you surviving financially? This question requires an accurate statement of how you are surviving financially without working, while waiting on a decision about your claim.

I hope these thoughts have been helpful, if my law office can be of help to you in your social security claim for disability please give me a call at Toll Free 1 (877) 271-2633 or local at  (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Nashville Disability Attorney

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You have worked your entire life and suddenly through no fault of your own you become disabled, what do you do? I hear this scenario over and over again in Tennessee, it is a difficult situation to find oneself  in. The first thing that you need to do is get your initial Social Security Disability application filed, you can do this by dialing 1 (800) 772-1213, I would recommend calling on the days of Wednesday, Thursday and Friday, it seems these days are less crowded.

What happens after that? Usually in Tennessee your case is decided within a couple of months, unfortunately many people are denied. After you are denied you have a deadline to meet to appeal your claim, this is called the reconsideration stage, the Department of Disability Services will review your claim again, if you are denied at the reconsideration stage you will again have a deadline to meet, should you fail to meet any of these deadlines your claim can be dismissed.

What is after the reconsideration stage? This is when you request a hearing before a Federal Administrative Law Judge. You will need to have all of your relevant medical records for the Court to review, and testify before the Judge and the Vocational expert, each district in Tennessee has their own hearing office, such as Chattanooga, Nashville, Memphis, Knoxville, other states have the same scenario, each part of the state is split into districts. After the hearing at the Office of Hearing and Appeals, what is next? The Social Security Judge will generally issue an opinion about your claim in writing, you and your attorney will receive a copy of the decision in the mail.

As an attorney who has been in the courtroom since my third year of law school in Mississippi I have enjoyed my time representing good hard working people, being an Attorney doing Social Security Disability Law allows me to help out people, who through no fault of their own have become disabled. I would be pleased to help you out during your application for Social Security Disability, feel free to call the office at toll free 1 (877) 271-2633 or local at  (615) 308-2633.           

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.