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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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.

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.

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.

Renal Disease Disability Attorney

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Anyone with Renal Disease can attest to how debilitating the disease can be to the body. Social Security Disability has  a listing called Impairment of the renal function, the technical listing requires the following:

Renal impairment because of chronic renal disease expected to last 12 months, hypertensive vascular disease, chronic nephritis, nephrolithiasis, polycystic disease, bilateral hydronephrosis, with:

Chronic hemodialysis or peritoneal dialysis necessitated by irreversible renal fialure; or

Kidney transplant

Persistent elevation of serum creatine in to 4 mg per deciliter(100 ml) or greater or reduction in creatinine clearance to 20 ml per minute or less over  3 months with one of the following:

1. Renal osteodystrophy manifested by sever bone pain and abnormalities shown by appropriate medical acceptable imaging; or

2. A clinical episode of pericarditis; or

3. Persistent motor or sensory neuropathy; or

4. Intractable pruritus; or

5. Persistent fluid overload syndrome resulting in diastolic hypertension or signs of vascular congestion;

6. Persistent anorexia with recent weight loss and current weight meeting the values in 5.08  Table  III  IV; or

7. Persistent hematocrits of 30 percent or less.

Renal disease is a very medical records specific listing. The medical records must be shown to reveal the technical information that the listing requires, along with the technical nature of this listing your side effects from the disease are very important as well. It is a good thing to keep a list of the activities, including daily activities that you can no longer to as a result of this disease. Your daily life and how your symptoms affect it will be very important to the Social Security Disability under this listing.

Should you need assistance in your claim for disability, please feel free to phone me toll free Monday through Friday at (877) 271-2633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Cirrhosis Liver Disability Attorney

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Under Social Security Disability chronic liver disease includes portal, postnecrotic or biliary cirrhosis; chronic hepatitis; Wilson’s Disease.

Here is the short medical requirements that you must meet for Cirrhosis of the liver:

Esophageal varices, shown by endoscopy or x-ray; or

Performance of a shunt operation for esophageal varices; or

 Serum bilirubin of 2.5 mg per deciliter (100ml.) or greater persisting on repeated examinations for at least 5 months; or

Ascites, with other attributable causes ruled out, persistent for 5 months or reoccurring; or

Hepatic encephalapathy; or

Confirmation of chronic liver disease, as noted by liver biopsy and one of the following:

(1) Ascites not attributable to other causes,  occurring or persistent for 3 months demonstrated by abdominal paracentesis or associated with persistent hypoalbuminemia of 3.0 gm per deciliter or less; or

(2) Serum bilirubin of 2.5 mg per deciliter or greater on repeated examinations for at least 3 months; or

(3) Hepatic cell necrosis or inflammation persisting for at least 3 months, documented by repeated abnormalities of prothrombin time and enzymes indicative of hepatic dysfunction.

Most clients I have met who suffer from Cirrhosis of the liver have a very low energy level, the disease takes away most of their strength even to do small things like walking and standing. Cirrhosis of the liver is a debilitating disease, many other side affects of the disease are jaundice, blood coagulation, and easy bruising.

Many claimants are awaiting liver transplants at the time they are apply for disability, or they apply for disability and then get put on the waiting list for a transplant. In the event you are put on a transplant waiting list, it most assuredly shows the dire situation of your health and claim.

There are some instances where Cirrhosis may be linked to alcoholism, although alcoholism may be a bar to disability benefits, the results of alcoholism are not a bar, as long as you are abstaining from drinking, the results of your long term drinking do not effect your claim.

Please give me a call anytime Monday through Friday at toll free  (877) 271-2633 or local at (615) 308-2633, I would be pleased to review your claim with no obligation.

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.

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

Congestive Heart Failure Disability

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Under the listings for  Social Security Disability there is a listing noted as Chronic heart failure. Meeting this listing puts the claimant in very poor health, the listing is so detailed that if you meet this listing your health is probably not very good at the moment.

The listing states the following:

(a) Documented cardiac enlargement by appropriate imaging techniques (a cardiothoracic ratio of greater than 0.50 on a PA chest x-ray with good inspiratory effort or left ventricular diastolic diameter of greater than 5.5 cm on two dimensional echocardiography, ) resulting in inability to carry on any physical activity, and with symptoms of inadequate cardiac output, pulmonary congestion, systemic congestion, or anginal syndrome at rest; or

(b) Documented cardiac enlargement by appropriate imaging techniques, or ventrical dysfunction, abnormal wall motion or left ventricle ejection ratio of 30% or less by imaging techniques; and

Inability to perform on exercise test at workload to 5 (mets) or less due to symptoms of chronic heart failure,  in rare instances a need to stop exercising testing at less than this level of work because of:

a. Three or more consecutive ventricular premature beats or three or more multiform beats or;

b. Failure to increase systolic blood pressure by 10 mmHg or decrease in systolic pressure below the usual resting level; or

c. Signs attributable to inadequate cerebral  perfusion, such as ataxic gait or mental confusion; and

(2) Resulting in marked limitation of physical activity, as demonstrated by fatigue, palpitation, dyspnea, or anginal discomfort on ordinary physical activity, even though the individual is comfortable at rest; or

C. Cor pulmonale fulfilling the criteria in 4.02 A or B.

The issue with Heart Failure under Social Security Disability is very technical, for someone to meet this listing above they are in, or must be in very poor health, which is a sign of Congestive Heart Failure. The things that go along with heart failure are congestion in the lungs, liver, circulatory system, and places where large amounts of blood are in the body region. 

It is important to be able to relate your symptoms of heart failure to the Social Security Administration, not only by your testimony, but by your medical records from doctors and hospitals. The severity of your symptoms is key in your application to obtain Social Security Disability.

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

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.