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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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.

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.

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.

Lupus Disability Attorney

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Lupus is a disabling diseases that is recognized by Social Security Disability under listing 14.02, you meet the listing if the following is true about your claim:

A. One of the following:

1. Joint involvement as described under the criteria 1.00; or

2. Muscle involvement as described under the criteria in 14.05; or

3. Ocular involvement as descibed under the criteria in 2.00ff; or

4. Respiratory involvement as described under the criteria in 3.00ff; or

5. Cardiovascular involvement, as described under the criteria 4.00ff or 14.04D;

6. Digestive involvement as described under the criteria in 5.00ff; or

7. Renal involvement  as described under the criteria in 6.ooff; or

8. Hematologic involvement as described under the criteria 7.00ff; or

 9. Skin involvement as described under the criteria in 8.00ff; or

10. Neurological involvement as described under the criteria in I 1.00ff; or

11. Mental involvement as described under the criteria in 12.00ff; or

B. Lesser involvement of two or more organs/body systems listed in paragraph A, with significant docuemnted constitutional symptoms and signs of sever fatigue, fever, malaise, and weight loss. At least one of the organ/body systems must be involved to at least a moderate severity.

Lupus affects everything from your skin and how you can tolerate sunlight, to joint pain and internal organs. In some cases Lupus affects are not apparant to the outside world, and thus these conditions need to be explained to the Social Security Disability department, and the judge at the hearing of your claim. Lupus can also be a difficult thing to diagnose, thus making it even more important to properly explain to Social Security.

Please give me a call Monday through Friday at toll free (877) 271-2633 or local at (615) 308-2633 to discuss your claim.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

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.

How to Qualify for Disability

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How does one qualify for Disability, in regards to their work history and past earnings, this does not address the medical condition, this only addresses whether you qualify to be under the Disability Insurance should you also have the accompanying medical condition that renders you disabled.

 The Social Security Administration has developed a simple chart, the credits that you need under the chart are earned during your working years. You will earn one credit for every $1,050.00 dollars you make each year, and you may earn up to four credits each year you work. The chart below sets out the age at which you became disabled along with the required credits needed to qualify for Disability Insurance under Social Security.

  •                            31 – 42, you will need 20 credits with five years of work
  •                            44, you will need 22 credits with five and half years of work
  •                            46, you will need 24 credits with 6 years of work
  •                            48, you will need 26 credits with 6 and half years of work
  •                            50, you will need 28 credits with 7 years of work
  •                            52, you will need 30 credits with 7 and half years of work
  •                            54, you will need 32 credits with 8 years of work
  •                            56, you will need 34 credits with 8 and half years of work
  •                            58, you will need 36 credits with 9 years of work
  •                            60, you will need 38 credits with 9 and half years of work
  •                            62 and older, you will need 40 credits with 10 years of work   
  •                            24 through 30 will need credits for half of the time between age 21  and  the  time of disability. 

If you become disabled at age 31 and above you will need to have generally earned at least 20 credits within the last 10 years to qualify for Disability under Social Security.

While this chart is not all inclusive, it gives one a general understanding of what it takes from a work history standpoint to qualify for Social Security Disability. Please call my law office so that I may assist you in your time of need, you may reach me at toll free  1 (877) 271-2633, or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.