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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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.

Tennessee Disability Attorney

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As an Attorney representing people for their Social Security Disability I find that there are some important questions that have to be asked before the hearing or appeal of my clients claims, I thought I would share these questions with other individuals who might be in the middle of their Social Security Disability claim.

I start with the questions that in my opinion are important to Social Security, and they are as follows:

  1. How old was the client at the date they claimed disability? This is very important under the rules of Social Security, there are certain ages that change the way your claim is looked at on the Grid, (the grid is a system developed by Social Security to assist in the evaluation of your claim), claimants being older at the date of their disability have a less stringent placement on the grid system.
  2. What is your education level, again this question is important in every aspect of a disability claim, but especially as it relates to the grid system used by Social Security Disability.
  3. Work experience, the type of work you have done in your past is placed against what definition Social Security has in the defining of your work, this is done through use of a book accepted by Social Security. It can define your work as either skilled or unskilled, both definitions of your past work are very important to your claim.
  4. Daily activities, meaning what do you do during your normal days while waiting on your disability decision? It requires a thoughtful look back into your daily routine, it is very important to know this information.
  5. If you are not working, how are you surviving financially? This question requires an accurate statement of how you are surviving financially without working, while waiting on a decision about your claim.

I hope these thoughts have been helpful, if my law office can be of help to you in your social security claim for disability please give me a call at Toll Free 1 (877) 271-2633 or local at  (615) 308-2633.

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.

Nashville Disability Attorney

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You have worked your entire life and suddenly through no fault of your own you become disabled, what do you do? I hear this scenario over and over again in Tennessee, it is a difficult situation to find oneself  in. The first thing that you need to do is get your initial Social Security Disability application filed, you can do this by dialing 1 (800) 772-1213, I would recommend calling on the days of Wednesday, Thursday and Friday, it seems these days are less crowded.

What happens after that? Usually in Tennessee your case is decided within a couple of months, unfortunately many people are denied. After you are denied you have a deadline to meet to appeal your claim, this is called the reconsideration stage, the Department of Disability Services will review your claim again, if you are denied at the reconsideration stage you will again have a deadline to meet, should you fail to meet any of these deadlines your claim can be dismissed.

What is after the reconsideration stage? This is when you request a hearing before a Federal Administrative Law Judge. You will need to have all of your relevant medical records for the Court to review, and testify before the Judge and the Vocational expert, each district in Tennessee has their own hearing office, such as Chattanooga, Nashville, Memphis, Knoxville, other states have the same scenario, each part of the state is split into districts. After the hearing at the Office of Hearing and Appeals, what is next? The Social Security Judge will generally issue an opinion about your claim in writing, you and your attorney will receive a copy of the decision in the mail.

As an attorney who has been in the courtroom since my third year of law school in Mississippi I have enjoyed my time representing good hard working people, being an Attorney doing Social Security Disability Law allows me to help out people, who through no fault of their own have become disabled. I would be pleased to help you out during your application for Social Security Disability, feel free to call the office at toll free 1 (877) 271-2633 or local at  (615) 308-2633.           

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.