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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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.

Autism Disability Attorney

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It is a difficult thing to deal with Autism, it does not know any social class or age. There is a listing under Social Security Disability entitled Autistic disorder and other pervasive developmental disorders.

Autism is charaterized by qualitative deficits in the development of reciprocal social interaction, in the development of verbal and nonverbal communication skills, and in amaginative activity. Often, there is a markedly restricted rertoire of activiites and interests, which frequently are stereotyped and repetitive.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied.

A. Medically documented finding of the following:

1. For autistic disorder, all of the following:

a. Qualitive deficits in reciprocal social interaction; and

b. Qualitive deficits in verbal and nonverbal communication and in imaginative activity; and

c. Markedly restricted repertoire of activities and interest;

OR

2. For other pervasive developmental disorders, both of  the following:

a. Qualtive deficits in reciprocal social interaction; and

b. Qualitive defecits in verbal and non verbal communication and in imaginative activity;

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 mainting concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration.

I have represented children with Autism, I understand how emotionally and financially heavy the strain can be, should your loved one be suffering from Autism please give me a call at any time 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

Cirrhosis Liver Disability Attorney

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Under Social Security Disability chronic liver disease includes portal, postnecrotic or biliary cirrhosis; chronic hepatitis; Wilson’s Disease.

Here is the short medical requirements that you must meet for Cirrhosis of the liver:

Esophageal varices, shown by endoscopy or x-ray; or

Performance of a shunt operation for esophageal varices; or

 Serum bilirubin of 2.5 mg per deciliter (100ml.) or greater persisting on repeated examinations for at least 5 months; or

Ascites, with other attributable causes ruled out, persistent for 5 months or reoccurring; or

Hepatic encephalapathy; or

Confirmation of chronic liver disease, as noted by liver biopsy and one of the following:

(1) Ascites not attributable to other causes,  occurring or persistent for 3 months demonstrated by abdominal paracentesis or associated with persistent hypoalbuminemia of 3.0 gm per deciliter or less; or

(2) Serum bilirubin of 2.5 mg per deciliter or greater on repeated examinations for at least 3 months; or

(3) Hepatic cell necrosis or inflammation persisting for at least 3 months, documented by repeated abnormalities of prothrombin time and enzymes indicative of hepatic dysfunction.

Most clients I have met who suffer from Cirrhosis of the liver have a very low energy level, the disease takes away most of their strength even to do small things like walking and standing. Cirrhosis of the liver is a debilitating disease, many other side affects of the disease are jaundice, blood coagulation, and easy bruising.

Many claimants are awaiting liver transplants at the time they are apply for disability, or they apply for disability and then get put on the waiting list for a transplant. In the event you are put on a transplant waiting list, it most assuredly shows the dire situation of your health and claim.

There are some instances where Cirrhosis may be linked to alcoholism, although alcoholism may be a bar to disability benefits, the results of alcoholism are not a bar, as long as you are abstaining from drinking, the results of your long term drinking do not effect your claim.

Please give me a call anytime Monday through Friday at toll free  (877) 271-2633 or local at (615) 308-2633, I would be pleased to review your claim with no obligation.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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

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.

How to Qualify for Disability

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How does one qualify for Disability, in regards to their work history and past earnings, this does not address the medical condition, this only addresses whether you qualify to be under the Disability Insurance should you also have the accompanying medical condition that renders you disabled.

 The Social Security Administration has developed a simple chart, the credits that you need under the chart are earned during your working years. You will earn one credit for every $1,050.00 dollars you make each year, and you may earn up to four credits each year you work. The chart below sets out the age at which you became disabled along with the required credits needed to qualify for Disability Insurance under Social Security.

  •                            31 – 42, you will need 20 credits with five years of work
  •                            44, you will need 22 credits with five and half years of work
  •                            46, you will need 24 credits with 6 years of work
  •                            48, you will need 26 credits with 6 and half years of work
  •                            50, you will need 28 credits with 7 years of work
  •                            52, you will need 30 credits with 7 and half years of work
  •                            54, you will need 32 credits with 8 years of work
  •                            56, you will need 34 credits with 8 and half years of work
  •                            58, you will need 36 credits with 9 years of work
  •                            60, you will need 38 credits with 9 and half years of work
  •                            62 and older, you will need 40 credits with 10 years of work   
  •                            24 through 30 will need credits for half of the time between age 21  and  the  time of disability. 

If you become disabled at age 31 and above you will need to have generally earned at least 20 credits within the last 10 years to qualify for Disability under Social Security.

While this chart is not all inclusive, it gives one a general understanding of what it takes from a work history standpoint to qualify for Social Security Disability. Please call my law office so that I may assist you in your time of need, you may reach me at toll free  1 (877) 271-2633, or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Nashville Disability Attorney

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You have worked your entire life and suddenly through no fault of your own you become disabled, what do you do? I hear this scenario over and over again in Tennessee, it is a difficult situation to find oneself  in. The first thing that you need to do is get your initial Social Security Disability application filed, you can do this by dialing 1 (800) 772-1213, I would recommend calling on the days of Wednesday, Thursday and Friday, it seems these days are less crowded.

What happens after that? Usually in Tennessee your case is decided within a couple of months, unfortunately many people are denied. After you are denied you have a deadline to meet to appeal your claim, this is called the reconsideration stage, the Department of Disability Services will review your claim again, if you are denied at the reconsideration stage you will again have a deadline to meet, should you fail to meet any of these deadlines your claim can be dismissed.

What is after the reconsideration stage? This is when you request a hearing before a Federal Administrative Law Judge. You will need to have all of your relevant medical records for the Court to review, and testify before the Judge and the Vocational expert, each district in Tennessee has their own hearing office, such as Chattanooga, Nashville, Memphis, Knoxville, other states have the same scenario, each part of the state is split into districts. After the hearing at the Office of Hearing and Appeals, what is next? The Social Security Judge will generally issue an opinion about your claim in writing, you and your attorney will receive a copy of the decision in the mail.

As an attorney who has been in the courtroom since my third year of law school in Mississippi I have enjoyed my time representing good hard working people, being an Attorney doing Social Security Disability Law allows me to help out people, who through no fault of their own have become disabled. I would be pleased to help you out during your application for Social Security Disability, feel free to call the office at toll free 1 (877) 271-2633 or local at  (615) 308-2633.           

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.