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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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.

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.

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.

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.

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.

Diabetes Disability Attorney

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Diabetes is a debilitating disease, it requires precise health care, and even with that Diabetes can lead to amputations, loss of vision and Neuropathy. Social Security Disability has a listing for Diabetes, it lists what is required to receive disability, as noted below:

Diabetes with;

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements or gait ans station; or

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (ph or pC02 or bicarbonate level; or

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03 or 2.04

Diabetes can result in severe weakening of the body, and or frailty along with instability in standing or walking. It is hard to show these things on paper through your appeal and reconsideration, even if they are contained in the medical records. At a hearing of the matter before a Social Security Judge it is more easily shown through your appearance and testimony.

Vision problems that accompany diabetes can result in the person being unable to read things, which all jobs require. Unable to drive a car or truck, and unable to even tell the difference in the value of money handed to them. The forgoing vision examples can show that even a job such as taking up tickets at a movie theatre may be impossible for a person with diabetes.

It is so very important to show the Social Security Disability department the results of your Diabetes, the end results of Diabetes can be shown at a hearing of your case, things like loss of vision, unsteady gate can be seen by the judge, and Neuropathy can be explained to the judge through your testimony. Conveying these problems is a very important part of your disability claim for Diabetes. 

Should you need assistance in your claim for disability as a result of diabetes please give me a call, I would be pleased to speak with you, and if I can be of assistance I would be pleased to be your disability attorney.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Amputation Disability Attorney

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Under the rules of Social Security Disability there is a listing for amputations, the listing states the following:

a. Both hands; or

b.One or both lower extremities at or above the tarsal region, with stump complications resulting in medical inability to use a prosthetic device to ambulate effectively, as defined in 1.00B2b, which have lasted or are expected to last at least 12 months; or

c. One hand and one lower extremity at or above the tarsal region, with inability to ambulate effectively, as defined by 1.00B2b; or

d. Hemipelvectomy or hip disarticulation

Just because you don’t meet this listing technically does not mean you cannot succeed on your claim. This is just simply the listing under Social Security Disability, there are so many factors that go into a disability claim, such as your former work, type of work, ability to be retrained, and ability to read and write.

Please give me a call should you need someone to fight for your disability, I would be pleased to help you out in your time of need.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Hepatitis C Disability Attorney

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Hepatitis C  is a debilitating disease that attacks your liver, you may have the disease and not be aware of it. There are numerous ways it can be spread. Many clients I have represented who have Hepatitis C, have also developed Cirrhosis of the liver, which in and of itself can be fatal.

There is a listing under the Social Security Disability rules that explains in a medical term how you meet this listing, however it has been my experience that the technical definition is hard to meet. I would rather try to explain how one might meet this listing through the symptons and limitations that accompany this deadly disease.

Clients relate these conditions to me as a result of their Hepatitis C. Many clients tell me that they suffer from constant fatigue, and weakness, they feel as though they cannot do very much physically. Sometimes people infected with Hepatitis C will not have symptoms for quite sometime, even though they are infected, however once the symptoms begin many clients inform me that even doing just a desk job exhausts them to the point of requiring immediate rest at the end of the day.

It is so important at a hearing based on Hepatitis C to explain to the Judge your symptoms, the Judge cannot see how tired this disease makes you, some things that need to be explained is your average day, how much rest you require, and what happened the last time you tried to work a full day at any job.

There is a very powerful drug used to fight Hepatitis C, it is called Interferon, this drug while helpful has many dilibilitating side affects that may keep someone from working a full day. The combination of the drug and the side affects from the disease are quite certainly disabling, however the Judge cannot see these things, therefore it is so very important to relay these issues at your hearing.

Should you need assistance in your claim for Social Security Disability, please give me a call 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.

Murfreesboro VA Colonoscopy

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The Murfreesboro Tennessee VA announced that from April 23, 2003 until December 1, 2008 veterans who had colonoscopies performed in the VA of Murfreesboro may have been exposed to HIV and Hepatitis C, due to a valve that was not properly sanitized and or attached to the medical machine used in the procedure.

The Murfreesboro VA believes that close to 6 thousand veterans may have been exposed to the body fluids of others, as the valve used in the colonoscopy was not properly cleaned and or placed correctly on the machine. The Alvin C. York VA Center of Murfreesboro has announced that they are offering free blood tests to determine if any veteran has contracted the deadly diseases. These free screenings have been offered via a letter sent out to veterans.

HIV and Hepatitis C are deadly diseases, you can have one or both and not be aware of it. It is important to follow up with at the Murfreesboro VA and have your blood tested. I am in hopes that no veteran will test positive, but what if you do test positive, what happens then?

Do you have rights against the Murfreesboro VA? Yes you do have rights, you should expect not to be exposed to someones body fluids by having a routine colonoscopy. If you do test positive for any diseases related to this treatment, you do have legal rights, although they are somewhat different because it involves the United States Government. Your claim may fall under the GTLA, (Governmental Tort Liability Act), I have filed suit under the GTLA before, it is not easy to take on the government and there are many hurdles to doing so, but in this case it may be required if you test positive for any diseases related to the colonoscopy procedure.

Your rights as a Veteran under the GTLA in regards to the Murfreesboro VA have deadlines and procedures that must be met to secure your claim. I would be pleased to speak to you and review your facts. There is no excuse for veterans of the United States to be subjected to such mistakes.

I would be pleased to speak with you at anytime about your situation. I have already spoken to several veterans and reviewed facts of the procedure, please feel free to phone me toll free at  (877) 271-2633 or local at (615) 308-2633.

Daniel L. McMurtry, Esq