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.

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.

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.

Paranoid 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 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.

Cervical Spine Disorders Disability Attorney

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Disorders of the Spine is a listing currently within the disability listings of Social Security Disability. It includes herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in the compromise of a nerve root including the cauda equina or the spinal cord. WITH:

A. Evidence of nerve root compression characterized by neuro anatomic distribution of pain, limitation of motion of the spine, motor loss 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 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 stenois resulting in pseudoclaudication, established by finding on appropriate medical acceptable imagin manifested by chronic non radicular pain and weakness, and resulting in inabilityto ambulate effectively as defined in 1.00B2b.

Many claimants who suffer from Cervical Spine Disorders also suffer from severe pain, this severe pain may result in even sedentary work being impossible to do on a regular basis. The pain results in many claimants staying on strong medication that results in several hours of sleep per day, and thus employment becomes impossible.

The disorders of the cervical spine can result in numbness of the hands, destroy or hamper motor skills, and loss of the strength in hands. Should you need an attorney to assist you with your claim for disability please give the law office 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.

Daniel L. McMurtry, Esq.

www.socialsecuritydenied.com

Arterial Disease Disability Attorney

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Arterial Disease requires the following from the disability listing at Social Security:

A. Intermittent claudication with failure to visualize the common femoral or deep femoral artery in one extremity, (as shown by medical records); or

B. Intermittent claudication with marked impairment of peripheral arterial circulation as determined by Doppler studies showing:

         1. Resting ankle/brachial systolic blood pressure ratio of less than 0.50; or

         2. Decrease in systolic blood pressure at the ankle on exercise of 50 percent or more of the pre-exercise level at the ankle, and requiring 10 minutes or more to return to pre-exercise level.

Arterial Disease is disabling in that it causes the arteries to some parts of the body to be cut off of blood flow, without proper blood flow those parts of the body will essentially die and require amputation. Many times I have seen this disease as a result of diabetes. Another result of the disease is clotting, when the blood clots and does not flow to a part of the body it becomes very painful to the claimant, and thus the pain to a leg or foot becomes so bad that the person cannot walk or walk effectively enough to sustain a job.

The medication given to many claimants with arterial Disease is Coumadin, the problem with this medication and working is, should you receive even a small cut you could bleed to death. Coumadin is a blood thinner, and while it is necessary for to help with Arterial Disease, it can be deadly if you receive a cut and do not attend to it properly.

Should you need assistance in your claim Arterial Disease disability claim, please give me a call, I would be pleased to speak with you. You may reach me anytime at toll free 1 (877) 271-2633 Monday through Saturday or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Attorney

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.