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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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.

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.

Disability Insurance Benefits Attorney

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Often I am asked what is the difference between Disability Insurance Benefits and SSI, and is it important to me? There is a very big difference between the two programs.

Disability Insurance Benefits, ie (DIB), is not a need based program, meaning, it is based on your ability to work, strictly speaking, Are you disabled under the governments rules? To qualify for DIB you first must have worked enough over the last ten years to have enough credits, generally most people collect 4 credits a year, and usually have received 20 credits in the last 5 years. Once you have qualified with enough credits to fall under DIB, you must next be evaluated by the Social Security Administration to determine if you are physically unable to work.

The evaluation of your disability is first made at the application stage, if you are turned down after the first application you may then appeal, this is known as the Reconsideration stage, if you are turned down at that stage, you may then ask for a Federal Administrative Law Judge to hear your case, generally there will be a hearing, and at a later date you will receive notice from the Judge whether he or she approved your claim.

SSI, this is a need based program unlike DIB. SSI takes into account not only your disability, but your assets, things like your home, car, bank accounts, living arrangements, etc. SSI is for individuals that do not qualify for DIB, meaning generally they have not worked enough in the last ten years to have enough credits to qualify for DIB. The process for SSI is much the same as DIB, except along the way your assets can disqualify you from the program.

Please give the law office a call, I would be pleased to speak with you about your claim, you may phone the office 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.

Multiple Sclerosis Disability Attorney

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Multiple Sclerosis under Social Security Disability is listed as the following:

(a) Disorganization of motor function as described in 11.04B; or

(b) Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04 or 12.02; or

(c) Significant, reproducible fatigue of motor function with substantial muscle weakness on repetative activity, demonstrated on physical examination, resulting from neurological dysfunction in the areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.

Multiple Sclerosis is a disease based on the lesions that appear on the brain, the problem in regards to proving it for Social Security Disability is that it is impossible to have an MRI done of each lesion on the brain, as they appear and dissappear, so it is not practicle or possible to prove each and every symptom medically to Social Security Disability. Your testimoney is very important in these type claims. 

Your subjective symptoms are the most important factor to relate to Social Security Disability under the Multiple Sclerosis listing. As noted in sect. C of the listing, motor function fatigue, and muscle weakness are important factors to meeting the listing. Many claimants under the listing experience vision problems, weakness, fatigue, balance issues, and overall lack of energy. It is very important  to convey these symptoms to Social Security at your hearing or appeal. The problem that many individuals have with Multiple Sclerosis is one day they will feel good, and the next day they can’t walk, it is again important to convey this to Social Security.

For assistance in your Social Security Disability claim, please feel free to phone the law office Monday through Friday 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.

Stroke Disability Attorney

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There is a listing under the rules of Social Security Disability entitled Central Nervous System Vascular Accident, this is where the listing for a stroke is contained. Social Security Disability requires the following, for you to be declared disabled under the listing of a stroke:

  1. Sensory or moro aphasia resulting in ineffective speech or communication; or
  2. Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station.

A stroke may inflict many other types damages to the body including, vision, hearing, and understanding. Social Security will take these other type damages into account when determining your disability claim.

It is important in a disability claim where a stroke is the reason for the disability, to explain to the judge not only the outward signs of a stroke, but the issues regarding ones ability to think and reason, sometimes these things are not as apparant, and it is often helpful to explain them at your hearing.

Should you need assistance in your disability claim, please phone the law office at toll free 1 (877) 271-2633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Blind Disability

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There is a listing under Social Security Disability for poor vision. The listings for poor vision or being blind is very technical in nature, the listings are as follows:

  1. Impairment of central visual acuity
  2. Contraction of peripheral visual fields in the better eye
  3. Loss of visual  efficiency
  4. Complete homonymous hemianopsia
  5. Total bilateral ophthalinopiegia  

Each of the above listings require a medical technical explanation, however it is possible to not meet the technical listings and still be declared disabled under the listing of poor vision. Things that have to be considered range from, how your hand eye coordination is effected because of your poor vision, to your inability to perform past work due to your poor vision, this is especially true when a claimant is 50 years old or older, at this point the burden would shift to Social Security to prove there is alternative work for you.

Being blind affects all types of jobs and professions, with a loss of site one cannot drive, read, perform tasks on an assembly line, the list is endless. A visual impairment can be a devastating condition for many families where the individual losing their site is the only one working. Please give me a call so that I may assist you in this time of need, I have successfully argued blind cases to Social Security Disability Courts, and I would be pleased to assist you, I may be reached toll free at 1 (877) 271-2633, or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Disability Jobs

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Often you may here someone say, “Social Security Disability said I can take up tickets at a toll booth, they  don’t think I am disabled”. What that person is really talking about is called unskilled work, skilled work,  and or transferable job skills. Under Social Security there will be a determination made as to whether your past work was unskilled or skilled, and it has very important consequences.

Lets first start with who decides whether you had an unskilled job, or skilled job, Social Security Disability uses a vocational expert. A vocational expert is someone who has studied in the field of Vocational Evaluation and rehabilitation, they are employed by Social Security to evaluate past work history and surmise what type work you can do now, if any at all.

At the hearing of your claim before the Judge, you will appear with your attorney and the vocational expert. There are two important statements a vocational expert can make about your case, the first is determining if your former job was skilled or unskilled, the next is determining if you had a skilled job, is there any transferable job skills to allow you to do another job?

Unskilled, if the vocational expert determines that you had a job that was unskilled, then there will be no transferable job skills to worry about, however the expert may testify that you can do other non skilled work, at this point it is very important to know what your limitations are, in regards to ability to do types of work;sedentary work, light work,  medium work. Understanding where you might fall is very important for the Social Security Grid System. The grid system is a chart developed by Social Security that uses many factors, (including age, job skills, education, ability to do light, work, sedentary work, or medium work) to help the Judge determine your disability.

How is skilled work  judged? Under 82-41 it makes the following points:

  • Skills can only be transferred from one specific job to another
  • A worker who in the past has performed only unskilled work, cannot have skills
  • Skilled work cannot be transferred to unskilled work
  • Skills are not transferable if the new skilled job requires significant training
  • Worker traits such as, alertness, dexterity are not skills, they are only traits  
  • Any job requiring 30 days or more of training is not considered unskilled

It is fundamental to understand skilled and unskilled work when dealing with a vocation expert at the hearing of your matter. Please give my law office a call toll free at 1 (877) 271-2633, or local at (615) 308-2633, I would be pleased to review your claim, I represent hard working people. 

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.