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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Brain Tumor Disability Attorney

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Having witnessed first hand a family member suffer from a brain tumor I realize the devastating effects it can have on a person. Under Social Security Disability listing 11.05 there is a listing for brain tumors. The brain tumor itself can cause disability, but the results from undergoing treatment such as surgery, chemotherapy, radiation therapy and many other types of medical treatment can also result in someone becoming disabled.

The technical definition required by Social Security Disability is listed as:

A. Malignant gliomas, medulloblastoma, ependymoblastoma, or primary sarcoma 

OR

B. Astrocytoma meningioma, pituitary tumors, oligodendroglioma, ependymoma, clivus chordoma and benign tumors.

Social Security evaluates a disability based on brain tumors under elements such as epilepsy occurring, speech impairment, ability to ambulate, motor functions, cognitive ability, behavioral abnormality, difficulty in social functioning, thinking disturbances, ability to do daily activities. These are but a few of the factors that go into a determination of your disability case as it relates to brain tumors. Your testimony is another factor that will be very important along with your medical records.

Should you need assistance in your disability claim, please give me a phone 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.

Disability Application Attorney

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How do you apply for disability? There are several way a person may apply for social security disability; the first way to apply is by computer, you can go to the website of  ssa.gov and click on the box entitled disability, it will instruct you how to apply and how to submit your application ; the second way to apply for disability is by telephone, you can phone social security disability at 1 (800) 772-1213 and they will send you the documents to apply and schedule you for an interview; the third way to apply is by going to the local social security office and getting the documents, once you submit the application back to their office, they will get in touch with you about your interview.

Will you get declared disabled right away? No, probably not, most people may hear this from someone, but the truth is you will probably not get declared disabled. If you are denied at this stage you will need to appeal within the deadline. This is called your reconsideration stage, you are asking the department to reconsider their denial of your claim. I will usually consult a Registered Nurse to help review your condition and other health professional such as physical therapists and occupational therapists.  

Unfortunately most people are turned down on their appeal, so what is there to do after that? Your next step will require you to have a hearing before a Federal Administrative Law Judge. Many people find this step a little intimidating, but because I have made my living in the courtroom, I am very familiar with the process of appearing before judges and juries. In the hearing you will be required to give testimony before the judge, and answer some questions from your attorney. After the hearing there will generally be a waiting period before you know the result of your hearing.

Should you need assistance with your disability application and claim, please give the law office a call Monday through Friday toll free at (877) 271-2633 or local at (615) 308-2633. 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.

Cancer Disability Attorney

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Under Social Security Disability there is a listing  for Cancer.  Disability requires more (unless terminal) than just having had cancer or having cancer. Generally it is the procedures you go through and or the resulting damage to your body that can result in your being awarded disability benefits. Below I have set out some types of cancer that are listed under Social Security Disability:

Head and neck cancer;Sarcoma;Sarcoma of soft parts; Malignant melanoma; Lymph nodes; Salivary glands; Thyroid glands; breast; Skeletal system; Mandible maxilla orbit or temporal; Brain spinal cord; Lungs; Pleura or mediastinum; Abdomen; Esophagus or stomach; Small intestine; Large intestine; Liver or gallbladder; Pancreas; Kidneys,adrenal glands or ureters-carcinoma; Urinary bladder; Prostate gland; Testicles; Uterus; Ovaries; Leukemia; Uterine tubes; Penis; Vulva.

Should you need assistance with your disability claim, please feel free to phone the law office 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.

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.

Disability Work Comp Offset

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When you receive workman’s compensation, (work comp) there will be some issues you may need to know about if you also intend to receive Social Security Disability. Under the rules that govern disability there is a provision known as the offset provision. Below I will explain what you can expect, and how seeking advice of a licensed attorney could save you money. There are solutions to the offset problem.

The Receiving of  Workman’s  Compensation Benefits on a Monthly Basis Example:

This is how the  offset provision affects your pay from Social Security Disability, when you receive workman’s compensation on a monthly basis. It works like this, lets say you receive  $2,600.00 a month from work comp, that is your monthly compensation rate. We further look to your Social Security draw per month, (this can be found on the paperwork they send you, every year around your birthday), lets say your draw is $1,000.00 per month. We now take your monthly work comp rate  of $2,600.00 a month, then we add your Social Security draw of $1,000.00 per month for a total of $3,600.00 per month, that is your income under Social Security rules. Then lets say you start to draw Social Security Disability, before they start to pay you, they look to what is 80% percent of your best years salary in the last 5 years before disability date, lets say it is $3,500.00 a month, ($42,000.00 a year divided by 12 months) so now lets say 80% of that would be $2,800.00 a month, that is your income limit for Social Security. So in conclusion you would be over your limit in this scenario by $800.00 a month, and this is the amount they would withold from your $1,000.00 a month Social Security Disability check.  

The Receiving of Workman’s Compensation Lump Sum Payment Example:

Just because you received a lump sum work comp payment does not mean there will be no offset, Social Security prorates out the money from work comp lump sum payments like this, you receive a lump sum of $40,000.00 dollars and your work comp rate is $400.00 a week, divide $40,000.00 by $400.00, this gives you 100 weeks, that is how long the offset will last. 

 There are solutions to this problem, it lies in the way the work comp is written in your settlement paperwork. Please contact the law office if you have questions concerning your disability. I look forward to speaking with you, my numbers are toll free (877) 271-2633 and local (615) 308-2633, available Monday through Friday.

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.

Muscular Dystrophy Disability Attorney

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Muscular Dystrophy is a recognized listing under the rules of Social Security Disability. The listing requirements are found under the classification of listing 11.04 Central Nervous System. The disability requirements include:

A. Sensory or motor aphasia resulting in ineffective speech or communication ; or

B. Significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station.

This technical listing does not do much to show the results of muscular dystrophy. Some cases will require a hearing before an administrative law judge to adquately show the damage that this deadly disease inflicts on people. It is essential to combine the client’s testimony and medical records to be successful in a claim such as this one.

Please give me a call at toll free (877) 271-2633 or local at (615) 308-2633 to review your claim. I would be pleased to assist you in your time of need.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.