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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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

COPD Disability Attorney

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To anyone that has suffered from COPD, Chronic Obstructive Pulmonary Disease, you know how destructive this disease can be to the body. COPD is listed under the listings for Social Security Disability as Chronic pulmonary insufficiency, it is classified by the following requirements:

(A) Chronic obstructive pulmonary disease due to any cause with specified FEV (forced expiratory volume). Meaning the government uses a height and weight chart along with your performance on a forced breathing test to determine if you qualify under this section. This test relies on the amount of air you can blow out in 1 second.

(B) Chronic restrictive ventilatory disease due to any cause, with FVC (forced vital capacity) . Meaning the amount of air you can blow out of your lungs in one blow, time is not an issue. This is based on your height, weight.

(C) Chronic impairment of gas exchange due to clinically documented pulmonary disease. Meaning a chemical analysis of your gas values in your blood and breath.

COPD can be the result of many other diseases such as diabetes or heart disease, it generally appears in claimants who are 50 years of age and older.  I have been able to use the Social Security Grid System to win some of these cases for my clients in the past. The Grid System is very important these type cases.

Should you need assistance with your COPD claim for Social Security 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 assist you in your time of need.

www.socialsecuritydenied.com

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.

Disability Insurance Benefits Attorney

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Often I am asked what is the difference between Disability Insurance Benefits and SSI, and is it important to me? There is a very big difference between the two programs.

Disability Insurance Benefits, ie (DIB), is not a need based program, meaning, it is based on your ability to work, strictly speaking, Are you disabled under the governments rules? To qualify for DIB you first must have worked enough over the last ten years to have enough credits, generally most people collect 4 credits a year, and usually have received 20 credits in the last 5 years. Once you have qualified with enough credits to fall under DIB, you must next be evaluated by the Social Security Administration to determine if you are physically unable to work.

The evaluation of your disability is first made at the application stage, if you are turned down after the first application you may then appeal, this is known as the Reconsideration stage, if you are turned down at that stage, you may then ask for a Federal Administrative Law Judge to hear your case, generally there will be a hearing, and at a later date you will receive notice from the Judge whether he or she approved your claim.

SSI, this is a need based program unlike DIB. SSI takes into account not only your disability, but your assets, things like your home, car, bank accounts, living arrangements, etc. SSI is for individuals that do not qualify for DIB, meaning generally they have not worked enough in the last ten years to have enough credits to qualify for DIB. The process for SSI is much the same as DIB, except along the way your assets can disqualify you from the program.

Please give the law office a call, I would be pleased to speak with you about your claim, you may phone the office 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.

Multiple Sclerosis Disability Attorney

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Multiple Sclerosis under Social Security Disability is listed as the following:

(a) Disorganization of motor function as described in 11.04B; or

(b) Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04 or 12.02; or

(c) Significant, reproducible fatigue of motor function with substantial muscle weakness on repetative activity, demonstrated on physical examination, resulting from neurological dysfunction in the areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.

Multiple Sclerosis is a disease based on the lesions that appear on the brain, the problem in regards to proving it for Social Security Disability is that it is impossible to have an MRI done of each lesion on the brain, as they appear and dissappear, so it is not practicle or possible to prove each and every symptom medically to Social Security Disability. Your testimoney is very important in these type claims. 

Your subjective symptoms are the most important factor to relate to Social Security Disability under the Multiple Sclerosis listing. As noted in sect. C of the listing, motor function fatigue, and muscle weakness are important factors to meeting the listing. Many claimants under the listing experience vision problems, weakness, fatigue, balance issues, and overall lack of energy. It is very important  to convey these symptoms to Social Security at your hearing or appeal. The problem that many individuals have with Multiple Sclerosis is one day they will feel good, and the next day they can’t walk, it is again important to convey this to Social Security.

For assistance in your Social Security Disability claim, please feel free to phone the law office Monday through Friday 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.

Stroke Disability Attorney

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There is a listing under the rules of Social Security Disability entitled Central Nervous System Vascular Accident, this is where the listing for a stroke is contained. Social Security Disability requires the following, for you to be declared disabled under the listing of a stroke:

  1. Sensory or moro aphasia resulting in ineffective speech or communication; or
  2. Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station.

A stroke may inflict many other types damages to the body including, vision, hearing, and understanding. Social Security will take these other type damages into account when determining your disability claim.

It is important in a disability claim where a stroke is the reason for the disability, to explain to the judge not only the outward signs of a stroke, but the issues regarding ones ability to think and reason, sometimes these things are not as apparant, and it is often helpful to explain them at your hearing.

Should you need assistance in your disability claim, please phone the law office at toll free 1 (877) 271-2633 or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Tennessee Disability Attorney

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As an Attorney representing people for their Social Security Disability I find that there are some important questions that have to be asked before the hearing or appeal of my clients claims, I thought I would share these questions with other individuals who might be in the middle of their Social Security Disability claim.

I start with the questions that in my opinion are important to Social Security, and they are as follows:

  1. How old was the client at the date they claimed disability? This is very important under the rules of Social Security, there are certain ages that change the way your claim is looked at on the Grid, (the grid is a system developed by Social Security to assist in the evaluation of your claim), claimants being older at the date of their disability have a less stringent placement on the grid system.
  2. What is your education level, again this question is important in every aspect of a disability claim, but especially as it relates to the grid system used by Social Security Disability.
  3. Work experience, the type of work you have done in your past is placed against what definition Social Security has in the defining of your work, this is done through use of a book accepted by Social Security. It can define your work as either skilled or unskilled, both definitions of your past work are very important to your claim.
  4. Daily activities, meaning what do you do during your normal days while waiting on your disability decision? It requires a thoughtful look back into your daily routine, it is very important to know this information.
  5. If you are not working, how are you surviving financially? This question requires an accurate statement of how you are surviving financially without working, while waiting on a decision about your claim.

I hope these thoughts have been helpful, if my law office can be of help to you in your social security claim for disability please give me a call at Toll Free 1 (877) 271-2633 or local at  (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Blind Disability

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There is a listing under Social Security Disability for poor vision. The listings for poor vision or being blind is very technical in nature, the listings are as follows:

  1. Impairment of central visual acuity
  2. Contraction of peripheral visual fields in the better eye
  3. Loss of visual  efficiency
  4. Complete homonymous hemianopsia
  5. Total bilateral ophthalinopiegia  

Each of the above listings require a medical technical explanation, however it is possible to not meet the technical listings and still be declared disabled under the listing of poor vision. Things that have to be considered range from, how your hand eye coordination is effected because of your poor vision, to your inability to perform past work due to your poor vision, this is especially true when a claimant is 50 years old or older, at this point the burden would shift to Social Security to prove there is alternative work for you.

Being blind affects all types of jobs and professions, with a loss of site one cannot drive, read, perform tasks on an assembly line, the list is endless. A visual impairment can be a devastating condition for many families where the individual losing their site is the only one working. Please give me a call so that I may assist you in this time of need, I have successfully argued blind cases to Social Security Disability Courts, and I would be pleased to assist you, I may be reached toll free at 1 (877) 271-2633, or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.