mental Archives - Social Security Disability

Social Security Disability Hearing

United States Supreme Court

You are about to head into your Social Security disability hearing, have you ever thought, Has my attorney every tried a case to a jury? If you have an attorney who has tried jury trials they will understand how important your testimony at your Social Security disability hearing will be, and how to prepare you to testify in front of the Federal Judge. It is very important to understand the process of a Social Security disability hearing before you testify.

My name is Daniel L. McMurtry, Esq. I have tried jury trials to completion, and I have seen the mistakes people make when they are not prepared to testify at hearings before judges, and or trials before juries. A Social Security disability hearing requires you the claimant to give testimony to the Federal Judge. You are under oath, and for some people it can be very scary, however I can put your fears at ease when you hire me to represent you. I approach every hearing as if it were a jury trial, I will explain to you the proper procedures of testifying at your Social Security disability hearing, what the court will want to know from you, and questions that will be asked of you at the hearing.

I believe the jury trial experience i have obtained over the years allows me a certain insight into how best to prepare claimants for their disability hearings at Social Security. It can be one of the most important events of your life, and your family’s. Please do not hesitate to contact me for your Social Security disability hearing, it is never to late to hire a trial attorney for your disability hearing. My promise to you, there is never a fee unless I win your case.

I look forward to hearing from you soon.

Daniel L. McMurtry, Esq.

crohnsdisabilityattorney.com

Free Disability Attorney Review

by Disability Lawyer

I will be your free disability attorney review lawyer, you can speak with me now! Here at my Nashville office, socialsecuritydenied.com As a free disability attorney review lawyer I can give you insight into your claim, I strive to make the disability process as easy on my clients as possible. I always promise to you as my client that there is no obligation and no fee for simply calling me and discussing your disability application or denial. There is never a fee for asking me about your claim, and never a fee unless I win your claim.

When you call my office you will speak directly to me, not a receptionist, not a paralegal, but dircetly to me the attorney. I will answer your questions, and try to give you an accurate assessment of whether I can be of assistants to you and your disability claim.

It is free, there is no catch here at socialsecuritydenied.com, you simply phone us, and I will review your claim, I will put my years of experience as a trial attorney to work, and give you answers that you have been wanting to know. If you want to retain me, there is never an up front fee, never! I am only paid if I win your claim, that is my promise to you.

Give me a call today, I would be pleased to speak with you.

Daniel L. McMurtry, Esq.

socialsecuritydenied.com

Crohns Disease Attorney

by Disability Lawyer

As 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

by Disability Lawyer

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.

Burn Disability Attorney

by Disability Lawyer

You or a loved one has been burned severely, on top of the large medical bills and dealing with insurance you realize there is little to no money coming into the family for day to day living, and you realize you will never work again, Is there hope? Absolutely, I have represented burn clients in the past and continue to do so, I have found through disability representation that burn clients have far more health problems than most people would assume, besides the difficult and painful surgeries and recovery from burns, there are generally far more health problems that must be presented to the Social Security Disability judge.

The first such additional condition that most people do not think about is breathing, many of my burn clients have had to go on supplied oxygen to help with their breathing. In an explosion, sometimes the flames are quiet literally burning the lungs through the windpipe, once the lungs are scared it can be difficult, if not impossible to breath without the use of oxygen. Many clients involved with burns suffer permanent scarring of the lungs. As one might think, many employers simply will not allow you to work at their place of business, if you require the assistance of an oxygen tank.

The second problem is how the environment affects the burned areas of your body. Many people do not realize that many burned areas of the body once repaired, do not contain sweat glands, thus the client applying for disability cannot sweat, and must avoid heat and direct sunlight, this severely impairs the chances of being employed, and may eliminate any and all chances of employment. Likewise cold weather can affect a burn client’s skin as well, many if not all burn clients of mine must avoid cold weather as well as hot weather.

The third element that arises in burn cases is the scarring and mental aspects that many people suffer as a result. While the scares are visible, the mental aspects are not so visible, however this can be shown by a doctors observation of you or your loved one or family member. A medical professional can evaluate your mental condition as it relates to your disability.

If you need assistance in your disability claim, please feel free to give the law office a call at 1 (877) 271-2633 or call local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Disability Hearing

by Disability Lawyer

You have just received a letter telling you that Social Security Disability has your file at the regional hearing office and they will be in touch with you about a hearing, does this sound familiar? It does to many, if not all people who apply for Social Security Disability. Most people phone me and ask, What does this letter really mean? I’m I having a hearing in the next weeks, months, etc. The answer is usually no, most of the time it is many months before you will find yourself before a judge who is assigned to hear your disability claim.

The time between receiving the letter and your disability hearing is a great time to gather and or make Social Security Disability aware of your continuing treatment, or for those who cant afford any treatment, it is a time to see some of the Social Security Doctors, or other health care professionals for the evaluation of your disability. This is also a great time for me to review your records, and before your hearing date write a pre-trial brief.

I prepare a brief for your disability hearing to help point the judge to our strongest medical arguments for your disability claim. It is a brief including your medical records, your history of work, education, and procedural things like when you applied and were denied. It allows the judge to get a snap shot of your case before and during your hearing.

I am often asked, Do I have to say anything? Simply the answer is yes, the disability judge will generally ask you questions about your daily activities, your financial history, your work background, and most importantly your health issues. Honesty in this questioning is crucial to your case, it is never acceptable to answer the judge with anything but the truth. Many times my clients are fearful of some of their answers hurting the claim, and most of their worries are unfounded, honesty is always the best policy at your hearing.

How long until I get a ruling from the disability judge, after my hearing? There is no timeline for a decision, but usually I would say 4 to 5 weeks until a decision will be made. They will send a copy to me as your lawyer, and to you.

These are a few of the things that occure at your hearing for Social Security Disability, should you have any questions always feel free to phone the law office at toll free 1-800-271-2633 or local at 615-308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

My Disability was Denied

by Disability Lawyer

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.

Seizure Disability Attorney

by Disability Lawyer

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.

Aspergers Syndrome Disability Attorney

by Disability Lawyer

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.

PTSD Disability Attorney

by Disability Lawyer

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.