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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Crohns Disease Attorney

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Crohns disease attorneyAs a Crohns Disease attorney I represent individuals who suffer from Crohns Disease, this disease can strike at anytime, and the consequences are painful, and I understand that as a Crohns Disease attorney, if Crohns is not treated properly it can lead to death. Crohns disease involves the bowels, symptoms can be bloody stools, fever, liver disfunctions, and intermittent obstruction. Let me be your Crohns Disease Attorney, Florida, Tennessee, in the SouthEast and nationwide.

Crohns disease can most certainly be described as any inflammation of any part of the gastrointestinal tract, but most often Crohn’s disease is the inflammation of the distal ileum or colon. Sometimes complete removal of the colon is required, however this is no guarantee that the pain will stop. Most Crohns disease claimants go through episodes of the disease, the key part of the Social Security listing for it is, how long does the period of recurrence last? How long does persistence last? How long does the intermittent obstruction last?

Although difficult to discuss, the main issues with Crohn’s disease can be the constant diarrhea and weight loss, the diarrhea is so difficult sometimes that it prevents clients from keeping their job. The weight loss can lead to devastating health issues, and without medical treatment, possibly death.

The drugs used to treat Crohn’s disease can have terrible side effects. The drug Prednisone is used in the most severe cases of the disease. It is most important to describe these side effects to Social Security Disability. Hospital stays are generally part of a client’s treatment if they have been prescribed Prednisone, it is a sign of how serious the condition has become for the client.

The importance of all medical records and client’s testimony relating to this disease cannot be understated. The medical records for a Crohns disease claimant reveal the doctors thoughts, treatments, recurrence, and treatment of the disease, the records are also used to show an arthritic condition that occurs with Crohns disease.   The testimony although sometimes hard for the client to discuss is essential as well, it is so very important to let Social SecurityDisability know about your conditions including, diarrhea, fevers, arthritis, and pain.

I would be please to speak with you about your disability claim, there is never a fee at my law office unless I win your claim, and there is no obligation for calling. Feel free to reach me at toll free (877) 271-2633 or our local number at (615) 308-2633.

I look forward to hearing from you.

www.socialsecuritydenied.com or

crohnsdisabilityattorney.com

Daniel L. McMurtry, Esq.

Bipolar Disability Attorney

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Bipolar disability is a very real medical condition that effects millions of people. Social Security refers to Bipolar disability as an affective disorder. This disability is charaterized by a disturbance of mood, along with manic episodes or depressive episodes. It sometimes can be somewhat controlled by medication, I have found that my clients can controll their Bipolar better with the medication, but the side effects from the mental health drugs are so great that it does not allow them to sustain a job, and or employment. 

Many signs of Bipolar disorder are things such as; Decreased energy; feelings of guilt; flights of ideas; feelings of grandeur; lack of sleep; sleeping for long periods of time; and eating disorders. There are a host of issues that result from Bipolar disorder, the above few illustrate the difficulty in functioning daily, and these above issues do not include all the side effects mental health drugs prescribed to controll these symptoms produce.    

The condition for Bipolar disability are met when you have documented medical proof of the condition. The disability needs to be documented to almost its onset, (the year is started). It is very helpful in these cases to have the psychiatrist  fill out a form known as a medical source statement. The medical source statement is a form that allows the Dr. to tell the Social Security Disability department about your current condition, it can be viewed by the judge, as well as the other individuals that review your claim at the department of disability.

Many times people who suffer from some form of mental illness such as Bipolar disorder, also have a substance abuse problem. Many times I find that my clients are what is refered to as self medicating, because they cannot afford the expensive mental health drugs to stablize their condition. This issue can and must be explained to Social Security Disability, as long as the claimant is free of substance abuse now, that past self medication is not an absolute bar to obtaining your disability.

If you or a loved one suffer from Bipolar disorder, please give my office a call, I would be pleased to speak with you at toll free (877) 271-1633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

My Disability was Denied

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You have worked your entire life, you become disabled, what are your options? The process of applying for disability can be an enormous task, there are deadlines to meet, appeals to file, and in most cases a hearing before a Federal Administrative Law Judge.

Where to apply for disability? You may apply either by telephone, in person at the office of Social Security, by mail, and by the website of the Social Security Department.

What happens after I apply, will I automatically get my disability? Generally speaking the answer is no, most people do not get their disability approved after their initial application.

What happens after I am denied my disability the first time? After your denial you may appeal this decision, this appeal is called reconsideration, you are asking the Social Security Disability agency to reconsider their decision, unfortunately most people are again denied at this stage as well.

What happens if they deny my appeal? You have a right to ask a Federal Administrative Law Judge to hear your case, as with this entire process you have dead lines you must meet, otherwise your claim will dismissed based on you failing to take action in the allotted time frame.

What happens at the trial of my case? You will need to have all of your medical records up to date, a trial brief is a good idea to present to the judge, your testimony, ability to cross examine the vocational expert, an understanding of the grid system, the listings, the classification of your prior jobs, the exertion limits and how they apply to possible jobs the vocational expert might say  you can perform, these are a few of  the things that should be done at your hearing before the judge.

How do I pay an attorney, I can’t afford one? I am payed only if I win your case, and only if there is back pay owed to you, (back pay is the money you receive if you win your claim based on the months it has taken since your date of illness that stopped you from working). The government witholds a fee from your back pay, to pay your attorney. The government caps the amount of money that can be paid to the attorney.

What is the difference if someone said they are an advocate, but not an attorney? As an Attorney I was required to attend law school for 3 years to obtain my law degree, 4 years of college, and pass a test administered by the State of Tennessee called a Bar exam, then I became licensed to practice law. An advocate that is not an attorney, has not become licensed by the Bar of their state, and has probably not attended law school, you may want to ask if the person you are allowing to represent you is a Licensed Attorney or just an advocate.  

As a Licensed Attorney I would pleased to speak with you about your disability claim, please give me a call anytime Monday through Saturday at toll free (877) 271-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

ALS Disability Attorney

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The full name of ALS is Amyotrophic Lateral Sclerosis, it is called Lou Gehrigs Disease by most. This disease is progressive and invariably it is fatal. The disease attacks the nerve cells that control voluntary muscle movement. The result in most cases is the inability to control and or move muscles, the disease attacks every aspect of the human body, including the lungs, vocal chords, and muscles used to swallow.

Under Social Security Disability there is a listing for ALS. The diagnosis may be made by electrophysiological study, your history, and neurological findings that are generally the same as ALS. Currently there is not one test to determine if in fact you have ALS.

Social Security Disability requires the diagnosis to be made with generally accepted medical practices. The generally accepted practices are really just what is accepted in the medical community as the proper way to diagnose ALS.

While there is not currently a cure, being able to have insurance and a monthly check through Social Security for treatment can ease one of the burdens that this disease puts on a person. If you need assistance with your disability claim please feel free to phone the office at anytime Monday through Saturday at toll free (877) 271-2633 or local at (615) 308-2633. I look forward to speaking with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Heart Attack Disability Attorney

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Under Social Security Disability one can be deemed disabled due to the complications from a heart attack. Most of the clients I have represented who have suffered from a heart attack have far more complications after their attack. Many of these include stent placement surgeries, strong medications, limits on their mobility and stamina, additional hardware placed in or around their heart, and further surgeries to repair possible damaged arteries or valves. All of these complications either alone or combined are very important to your claim.

When I represent someone who has suffered from a heart attack I first review their medical history and then consult with medical experts to get their opinion on the medical evidence. There are certain things that a medical expert may be able to glean from medical history that could be very important in your claim. I then review the requirements of Social Security Disability and see how your medical history fits into the rules. I have a Registered Nurse who is on immediate call for case discussion from me.

Many factors will go into the determination of your claim by the Social Security Disability department, such as age, ability to ambulate, education, stamina, ability tolerate smells climates chemicals, and past work history. Especially important in a claim based on a heart attack are the factors mentioned above, including your medical history and your doctors observations of you.

Please feel free to phone the law office at toll free (877) 271-2633 or local at (615) 308-2633 Monday through Saturday. I look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

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.