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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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.

Heart Attack Disability Attorney

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Under Social Security Disability one can be deemed disabled due to the complications from a heart attack. Most of the clients I have represented who have suffered from a heart attack have far more complications after their attack. Many of these include stent placement surgeries, strong medications, limits on their mobility and stamina, additional hardware placed in or around their heart, and further surgeries to repair possible damaged arteries or valves. All of these complications either alone or combined are very important to your claim.

When I represent someone who has suffered from a heart attack I first review their medical history and then consult with medical experts to get their opinion on the medical evidence. There are certain things that a medical expert may be able to glean from medical history that could be very important in your claim. I then review the requirements of Social Security Disability and see how your medical history fits into the rules. I have a Registered Nurse who is on immediate call for case discussion from me.

Many factors will go into the determination of your claim by the Social Security Disability department, such as age, ability to ambulate, education, stamina, ability tolerate smells climates chemicals, and past work history. Especially important in a claim based on a heart attack are the factors mentioned above, including your medical history and your doctors observations of you.

Please feel free to phone the law office at toll free (877) 271-2633 or local at (615) 308-2633 Monday through Saturday. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Brain Tumor Disability Attorney

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Having witnessed first hand a family member suffer from a brain tumor I realize the devastating effects it can have on a person. Under Social Security Disability listing 11.05 there is a listing for brain tumors. The brain tumor itself can cause disability, but the results from undergoing treatment such as surgery, chemotherapy, radiation therapy and many other types of medical treatment can also result in someone becoming disabled.

The technical definition required by Social Security Disability is listed as:

A. Malignant gliomas, medulloblastoma, ependymoblastoma, or primary sarcoma 

OR

B. Astrocytoma meningioma, pituitary tumors, oligodendroglioma, ependymoma, clivus chordoma and benign tumors.

Social Security evaluates a disability based on brain tumors under elements such as epilepsy occurring, speech impairment, ability to ambulate, motor functions, cognitive ability, behavioral abnormality, difficulty in social functioning, thinking disturbances, ability to do daily activities. These are but a few of the factors that go into a determination of your disability case as it relates to brain tumors. Your testimony is another factor that will be very important along with your medical records.

Should you need assistance in your disability claim, please give me a phone 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.

Disability Application Attorney

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How do you apply for disability? There are several way a person may apply for social security disability; the first way to apply is by computer, you can go to the website of  ssa.gov and click on the box entitled disability, it will instruct you how to apply and how to submit your application ; the second way to apply for disability is by telephone, you can phone social security disability at 1 (800) 772-1213 and they will send you the documents to apply and schedule you for an interview; the third way to apply is by going to the local social security office and getting the documents, once you submit the application back to their office, they will get in touch with you about your interview.

Will you get declared disabled right away? No, probably not, most people may hear this from someone, but the truth is you will probably not get declared disabled. If you are denied at this stage you will need to appeal within the deadline. This is called your reconsideration stage, you are asking the department to reconsider their denial of your claim. I will usually consult a Registered Nurse to help review your condition and other health professional such as physical therapists and occupational therapists.  

Unfortunately most people are turned down on their appeal, so what is there to do after that? Your next step will require you to have a hearing before a Federal Administrative Law Judge. Many people find this step a little intimidating, but because I have made my living in the courtroom, I am very familiar with the process of appearing before judges and juries. In the hearing you will be required to give testimony before the judge, and answer some questions from your attorney. After the hearing there will generally be a waiting period before you know the result of your hearing.

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

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.

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.

Disability Work Comp Offset

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When you receive workman’s compensation, (work comp) there will be some issues you may need to know about if you also intend to receive Social Security Disability. Under the rules that govern disability there is a provision known as the offset provision. Below I will explain what you can expect, and how seeking advice of a licensed attorney could save you money. There are solutions to the offset problem.

The Receiving of  Workman’s  Compensation Benefits on a Monthly Basis Example:

This is how the  offset provision affects your pay from Social Security Disability, when you receive workman’s compensation on a monthly basis. It works like this, lets say you receive  $2,600.00 a month from work comp, that is your monthly compensation rate. We further look to your Social Security draw per month, (this can be found on the paperwork they send you, every year around your birthday), lets say your draw is $1,000.00 per month. We now take your monthly work comp rate  of $2,600.00 a month, then we add your Social Security draw of $1,000.00 per month for a total of $3,600.00 per month, that is your income under Social Security rules. Then lets say you start to draw Social Security Disability, before they start to pay you, they look to what is 80% percent of your best years salary in the last 5 years before disability date, lets say it is $3,500.00 a month, ($42,000.00 a year divided by 12 months) so now lets say 80% of that would be $2,800.00 a month, that is your income limit for Social Security. So in conclusion you would be over your limit in this scenario by $800.00 a month, and this is the amount they would withold from your $1,000.00 a month Social Security Disability check.  

The Receiving of Workman’s Compensation Lump Sum Payment Example:

Just because you received a lump sum work comp payment does not mean there will be no offset, Social Security prorates out the money from work comp lump sum payments like this, you receive a lump sum of $40,000.00 dollars and your work comp rate is $400.00 a week, divide $40,000.00 by $400.00, this gives you 100 weeks, that is how long the offset will last. 

 There are solutions to this problem, it lies in the way the work comp is written in your settlement paperwork. Please contact the law office if you have questions concerning your disability. I look forward to speaking with you, my numbers are toll free (877) 271-2633 and local (615) 308-2633, available Monday through Friday.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.