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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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.

Disability Jobs

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Often you may here someone say, “Social Security Disability said I can take up tickets at a toll booth, they  don’t think I am disabled”. What that person is really talking about is called unskilled work, skilled work,  and or transferable job skills. Under Social Security there will be a determination made as to whether your past work was unskilled or skilled, and it has very important consequences.

Lets first start with who decides whether you had an unskilled job, or skilled job, Social Security Disability uses a vocational expert. A vocational expert is someone who has studied in the field of Vocational Evaluation and rehabilitation, they are employed by Social Security to evaluate past work history and surmise what type work you can do now, if any at all.

At the hearing of your claim before the Judge, you will appear with your attorney and the vocational expert. There are two important statements a vocational expert can make about your case, the first is determining if your former job was skilled or unskilled, the next is determining if you had a skilled job, is there any transferable job skills to allow you to do another job?

Unskilled, if the vocational expert determines that you had a job that was unskilled, then there will be no transferable job skills to worry about, however the expert may testify that you can do other non skilled work, at this point it is very important to know what your limitations are, in regards to ability to do types of work;sedentary work, light work,  medium work. Understanding where you might fall is very important for the Social Security Grid System. The grid system is a chart developed by Social Security that uses many factors, (including age, job skills, education, ability to do light, work, sedentary work, or medium work) to help the Judge determine your disability.

How is skilled work  judged? Under 82-41 it makes the following points:

  • Skills can only be transferred from one specific job to another
  • A worker who in the past has performed only unskilled work, cannot have skills
  • Skilled work cannot be transferred to unskilled work
  • Skills are not transferable if the new skilled job requires significant training
  • Worker traits such as, alertness, dexterity are not skills, they are only traits  
  • Any job requiring 30 days or more of training is not considered unskilled

It is fundamental to understand skilled and unskilled work when dealing with a vocation expert at the hearing of your matter. Please give my law office a call toll free at 1 (877) 271-2633, or local at (615) 308-2633, I would be pleased to review your claim, I represent hard working people. 

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.