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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Diabetes Disability Attorney

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Diabetes is a debilitating disease, it requires precise health care, and even with that Diabetes can lead to amputations, loss of vision and Neuropathy. Social Security Disability has a listing for Diabetes, it lists what is required to receive disability, as noted below:

Diabetes with;

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements or gait ans station; or

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (ph or pC02 or bicarbonate level; or

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03 or 2.04

Diabetes can result in severe weakening of the body, and or frailty along with instability in standing or walking. It is hard to show these things on paper through your appeal and reconsideration, even if they are contained in the medical records. At a hearing of the matter before a Social Security Judge it is more easily shown through your appearance and testimony.

Vision problems that accompany diabetes can result in the person being unable to read things, which all jobs require. Unable to drive a car or truck, and unable to even tell the difference in the value of money handed to them. The forgoing vision examples can show that even a job such as taking up tickets at a movie theatre may be impossible for a person with diabetes.

It is so very important to show the Social Security Disability department the results of your Diabetes, the end results of Diabetes can be shown at a hearing of your case, things like loss of vision, unsteady gate can be seen by the judge, and Neuropathy can be explained to the judge through your testimony. Conveying these problems is a very important part of your disability claim for Diabetes. 

Should you need assistance in your claim for disability as a result of diabetes please give me a call, I would be pleased to speak with you, and if I can be of assistance I would be pleased to be your disability attorney.

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.