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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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

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.

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.

PTSD Disability Attorney

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Post Traumatic Stress Disorder is a very real and debilitating disorder. I have represented veterans from the Vietnam War, Middle East Wars, and victims of traumatic events such deaths and criminal acts. All the conditions of PTSD make it impossible to be gainfully employed.

It is a disorder that is not generally seen by others, unless they live with you, or are around you quite often. It is for this reason that your testimony and medical records are so very important, explaining to the judge your episodes of PTSD can be very difficult, but it is necessary to establish your  disability claim. Below you will find the technical listing that Social Security establishes PTSD under:

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

A. Medically documented findings of at least one of the following:

1. Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms:

 a. Motor tension; or

 b. Autonomic hyperactivity;

 c. Apprehensive expectations; or

 d. Vigilance and scanning; or

2. A persistent irrational fear of specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or

3. Recurrent sever panic attacks manifested by sudden unpredictable onset of intense apprehension, fear, terror, and sense of impending doom occurring on the average of at least once a week; or

4. Recurrent obsessions or compulsions which are source of marked distress; or

5. Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress; 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. Resulting in complete inability to function independently outside the area of one’s home.  

Should you need assistance with your PTSD claim, please free to phone the law office. You may reach me daily 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.

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.