pay Archives - Social Security Disability

Back Disability Attorney

In your search for a back disability attorney you will want to ask how familiar your attorney is with back disabilities.

A back disability can leave a person realizing how much they use their back on the job. As a back disability attorney I have seen the Dr. tell the client that they need back surgery, and may not be able to return to their job. Unfortunately after the first back surgery many of my clients discover that they can no longer work at all, as a back disability attorney I have seen this so many times. Just having mobility can be an issue for many back injury clients who have surgery, many clients have to use assistants in walking, or have to take pain medication.

The damage and surgery to the spine and back can range from ruptured discs; scoliosis; harrington rod implant; stimulator implant; spinal fusion, and many other types of surgery and damages to the spine and back. A back surgery is a very serious situation, and letting social security disability know about it is very important. In my experiences as a back disability attorney I understand that even after surgery many people cant go back to work.

It can be a scary time when the realization strikes that you can no longer work due to your back condition, however here at my office I have helped many back injury clients and understand how I need to handle your claim. I can help you at the initial application level or after you receive your denial letter from social security disability, it does not cost anymore money to have me help you from the initial application level, and of course there is never an up front fee for my service, and you do not owe me any money should I not win your claim, that is a promise from me, Daniel L. McMurtry, Esq. the founder and owner of this office.

I will review your medical records, (and consult with medical professionals should that be necessary) and let social security know about your back injury, and what type of surgery was performed on your back along with any hardware that was put into your back, and or any type of medical device implanted or used in your surgery, it is important to convey to social security disability the seriousness of your back surgery, and or multiple back surgeries.

Please give me a call, if you can’t come to me, I will come to you.

Daniel L. McMurtry, Esq.

socialsecuritydenied.com

Appeal Disability Denial Attorney

by Disability Lawyer

As an appeal disability denial attorney I hear so often from my clients, I can’t believe they denied my disability claim! It is part of my job as an appeal disability denial attorney to explain to clients that this is the norm, and not the exception. Many of my clients think that because they have worked their entire life the social security disability organization will readily approve their claim, this is very far from the truth.

Social security disability has many factors, work in your past is definitely very important when filing, but most important is, can you work at your job, and or work another job? There are so many factors that they look at in processing your claim, we understand that, at my office we strive to make social security disability aware of as many as possible to assist in appealing your claim, after a denial letter has been received by you.

It is not a good idea to keep refiling after you receive your denial letter, social security disability developed the appeals process for a reason, it is best to use it. By simply refiling your can lose value months of back pay, it is always best to file your appeal. The process moves along much better by following the appeals process developed by social security.

Filing the appeal can be time consuming work, there are also deadlines to meet, should you miss one of these deadlines your claim could be tossed out and dismissed for failure to file in a timely manner. Once my office meets with you, I will handle all the deadlines and make sure your appeal reaches the social security office in time to secure your rights.

At my office I can come to you, once you receive your denial letter just give me a call. At my office the most important case is your case, I look forward to speaking with you.

Daniel L. McMurtry, Esq.

socialsecuritydenied.com

PAD Disability Attorney

by Disability Lawyer

PAD also known as Peripheral Arterial Disease , is a disease that prevents parts of the body from receiving blood supply, it is a listing under social security disability law. Many of my clients with PAD will only be able to walk a few blocks, and then claudication takes place, claudication is seen when persons with PAD limp after walking a short distance. It is a direct result of the muscle not receiving enough blood.

PAD affects many individuals as they walk, a muscle at rest may not require as much blood flow, therefore when someone is is not using their muscles claudication will not take place, but as soon as the muscle comes into use, ie walking, the pain begins and the limited blood flow prevents that person from walking, standing, and or performing a function necessary for employment. This is a reason many people seek disability after suffering with PAD.

I have discovered that many claimants take the blood thinning drug called Coumadin. Coumadin can work, however even a minor cut on the job could result in serious injury and or death, because the person will bleed far more freely. PAD is a very serious disease, should you need assistance with your social security disability claim, please feel free to phone me, there is no charge for me to review your claim. I look forward to hearing from you.

Daniel L. McMurtry, Esq.

www.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.

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.

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.

Disability Work Comp Offset

by Disability Lawyer

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

by Disability Lawyer

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.

Lupus Disability Attorney

by Disability Lawyer

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.

Interstitial Cystitis Disability Attorney

by Disability Lawyer

Interstitial Cystitis is a very painful bladder condition that effects women much more frequently than men. At the current time there is not a listing under Social Security Disability for this disabling condition, but this does not mean you cannot be found disabled if you suffer from Interstitial Cystitis, I have successfully argued a case involving it. There is hope in your case, and it is found under the new guidance rules posted by Social Security for this condition.

Social Security Disability has issued a guidance ruling on Interstitial Cystitis to assist both Judges and attorneys dealing with a claim based on it. The issues involving this disease include severe urinary frequency, sever pelvic pain, depression, urinary control loss and difficulty in sleep. So one might ask, Why is this not a listing?, Why is there only a guidance ruling? It is hard to find the medical evidence to support this condition, currently there is no test to determine if you have this disease. At a hearing of the matter before a Social Security Judge it will largely depend on your testimony as to your symptoms, and matching those symptoms to the guidance ruling posted by Social Security.

In these cases it is very important to have a good relationship with your treating physician, although there is no test, at least the doctor will have in their notes your statements about how you have been suffering from these conditions. Under the guidance ruling that Social Security Disability developed many of these symptoms are included, so although there is not a test to determine if you have this disease, there are symptoms that have been accepted by Social Security to evaluate your claim.

I believe that this is a real and debilitating disease, I have seen first hand my clients that suffer from it. Although there is not a current listing, it is very helpful to me as your attorney to have the new guidance rules to assist you in obtaining your disability. Please call the law office at toll free (877) 271-2633 or local at (615) 308-2633 to discuss your claim, I would be pleased to speak with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.