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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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.

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.

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.

Menieres Disease Disability Attorney

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Social Security Disability has a listing for Meniere’s Disease, it requires the following:

Disturbance of labyrinth-vestibular function characterized by a history of frequent attacks of balance disturbance, tinnitus, and progressive loss of hearing: with both A and B:

A. Disturbed function of  vestibular labyrinth demonstrated by caloric or other vestibular tests; and

B. Hearing loss established by audiometry.

Meniere’s Disease disease effects a persons ability to balance, the attacks come and go, with no set time frequency.  Should the attacks become frequent it is nearly impossible for a person to be gainfully employed. An attack while driving a large truck, using a sharp instrument or large construction equipment could have catastrophic consequences.   

There is currently a test to determine Menieres Disease, it is called ENG. It is important to attempt to have this test performed on yourself, should you wish to pursue a disability claim. There are many side effects to the disease, including nausea, vomiting and falling down.

Should you need assistance in your disability claim, please give my law office a call anytime  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.

Aspergers Syndrome Disability Attorney

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Aspergers Syndrome is listed under the Social Security Disability Listing of Autism. The problem that I encounter with explaining Aspergers Syndrome to the courts is, it is a social interaction syndrome, so it is different than Autism. In my representation of clients with it, I find that alone or in a protected group they may appear to be healthy both mentally and physically, however their social interaction can sometimes turn violent and self abusive, it is a very difficult syndrome to manage and many children who suffer from it will require help from their parents the remainder of their life.

Aspergers Syndrome prevents an individual from understanding the basic social functions like, expressions, gestures, and or how someone conveys a feeling by the language of their body movements. It is hard to convey this difficulty to people who are not familiar with it. Many times I have let one of the caretakers or parents testify at the hearing to explain to the judge how the child interacts with the family and the general public. It is a hard thing to explain to the judge that the child sitting their quietly in the court is disabled.

In presenting a case of Aspergers Syndrome it is important to have a diagnosis from a physician who is familiar with the problem. The most important things include the diagnosis, the child being present, and testimony from the parent or parents. It is necessary to convey to the court the childs social interactions issues, because in a small courtroom the child may present as quite and well grounded mentally, when in fact that is not the case at all.

Should you need assistance in your claim for disability, please feel free to phone me Monday through Friday 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.

Autism Disability Attorney

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It is a difficult thing to deal with Autism, it does not know any social class or age. There is a listing under Social Security Disability entitled Autistic disorder and other pervasive developmental disorders.

Autism is charaterized by qualitative deficits in the development of reciprocal social interaction, in the development of verbal and nonverbal communication skills, and in amaginative activity. Often, there is a markedly restricted rertoire of activiites and interests, which frequently are stereotyped and repetitive.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A. Medically documented finding of the following:

1. For autistic disorder, all of the following:

a. Qualitive deficits in reciprocal social interaction; and

b. Qualitive deficits in verbal and nonverbal communication and in imaginative activity; and

c. Markedly restricted repertoire of activities and interest;

OR

2. For other pervasive developmental disorders, both of  the following:

a. Qualtive deficits in reciprocal social interaction; and

b. Qualitive defecits in verbal and non verbal communication and in imaginative activity;

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 mainting concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration.

I have represented children with Autism, I understand how emotionally and financially heavy the strain can be, should your loved one be suffering from Autism please give me a call at any time Monday through Saturday 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.

Arterial Disease Disability Attorney

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Arterial Disease requires the following from the disability listing at Social Security:

A. Intermittent claudication with failure to visualize the common femoral or deep femoral artery in one extremity, (as shown by medical records); or

B. Intermittent claudication with marked impairment of peripheral arterial circulation as determined by Doppler studies showing:

         1. Resting ankle/brachial systolic blood pressure ratio of less than 0.50; or

         2. Decrease in systolic blood pressure at the ankle on exercise of 50 percent or more of the pre-exercise level at the ankle, and requiring 10 minutes or more to return to pre-exercise level.

Arterial Disease is disabling in that it causes the arteries to some parts of the body to be cut off of blood flow, without proper blood flow those parts of the body will essentially die and require amputation. Many times I have seen this disease as a result of diabetes. Another result of the disease is clotting, when the blood clots and does not flow to a part of the body it becomes very painful to the claimant, and thus the pain to a leg or foot becomes so bad that the person cannot walk or walk effectively enough to sustain a job.

The medication given to many claimants with arterial Disease is Coumadin, the problem with this medication and working is, should you receive even a small cut you could bleed to death. Coumadin is a blood thinner, and while it is necessary for to help with Arterial Disease, it can be deadly if you receive a cut and do not attend to it properly.

Should you need assistance in your claim Arterial Disease disability claim, please give me a call, I would be pleased to speak with you. You may reach me anytime at toll free 1 (877) 271-2633 Monday through Saturday or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Attorney

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.