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 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.

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.

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.

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

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.

Hip Replacement Disability Attorney

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Unfortunately I come across cases that sometimes are the result of a hip replacement surgery that has not turned out very well for a host of reasons, I am often asked by clients that phone me, “is there a disability listing for a bad hip replacement”? The answer is yes there is, it is a listing called, Reconstructive surgery or surgical arthrodesis of a major weight bearing joint, in terms we all understand a little better, this listing is referring to things such as hip replacement surgery.

One of the key factors to be noted for disability listed under Social Security for hip surgery is the actual notes, medical records are kept very well on hip replacements, even down to the serial number of the hip replacement that was used in your procedure. As noted above, there are a host of reasons that things are not the same with a replaced hip, there are so many, and many reasons unique to each person.

In regards to what is required under the listing, the other key factor is, are you expected to be ambulatory, ie moving about, within the 12 months after surgery? I have found that most hip replacement individuals are not very ambulatory within 12 months, and it seems that the older the claimant, the less likely they will be up and about in 12 months.

Many claimants have commented to me that even when sitting for a period of time it becomes painful, this is important in Social Security Disability claims, because it could possibly eliminate you from being able to do even sedentary work like taking up tickets at a theatre or toll booth. When a hip replacement fails it can be a life changing event for you and your family.

If you need assistance in your disability claim, please feel free to phone the office Monday through Friday at toll free 1 (877) 271-2633 or local at (615) 308-2633.

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.