Nashville Disability Attorney Social Security Law » dib

Back Disability Attorney

mcmurtry — Thu, 13 Oct 2011 14:53:03 +0000

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 we have helped many back injury clients and understand how we need to handle your claim. We 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 us help you from the initial application level, and of course there is never an up front fee for our service, and you do not owe us any money should we not win your claim, that is a promise from me, Daniel L. McMurtry, Esq. the founder and owner of this office.

We 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 us a call, if you can’t come to us, we will come to you.

Daniel L. McMurtry, Esq.

socialsecuritydenied.com

Nashville Social Security Disability Attorney

mcmurtry — Fri, 11 Mar 2011 18:40:31 +0000

I am a Nashville social security disability attorney with my office centrally located to provide representation to a large amount of clients within the United States. Although I am a Nashville social security disability attorney my office at socialsecuritydenied.com covers many states, we adhere to a policy of knowing that our disability clients are more than just a number. We understand how important your case is to you.

I personally take each phone call from new clients, you will speak directly to me, and not a receptionist or paralegal, I represent each client in his or her jurisdiction and or state. From the time you phone me at my disability office, it will be me that you are working with, from initial application, appeals through hearings if required.

Throughout my 14 year legal career I have always been an attorney, I have never worked for the government, I have always represented hard working men and women. My father was a truck driver for over 30 years, I know personally the struggles that can occur when a person has to file for disability, my father filed after becoming ill, and I remember how important the disability process was to him. It is for that reason I have always chosen to represent people and not insurance companies or the government.

We also provide a service of coming to you, should you not want to come to Nashville. You will not be meeting a runner and or a clerk, you will be meeting me at your home. I am honored that someone would invite me into their home for a case.

Please give us a call at socialsecuritydenied.com, we practice on a policy that each case is the most important case, I look forward to speaking you about your disability claim.

Daniel L. McMurtry, Esq.

socialsecuritydenied.com

PAD Disability Attorney

mcmurtry — Wed, 22 Sep 2010 15:13:46 +0000

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

Irritable Bowel Syndrome Disability Attorney

mcmurtry — Wed, 02 Dec 2009 17:39:18 +0000

Irritable Bowel Syndrome is a very serious medical condition, my clients who have suffered from it are limited in all of their activities, and jobs. It results in many medical conditions including constant dehydration, diarrhea, weight loss, and mental issues due to the constant worrying associated with the disease. The manifestations that result from this syndrome make it very difficult, if not impossible to keep a job.

Social Security Disability has a listing for this syndrome, it is entitled Inflammatory Bowel Disease, below you will see the requirements involved for the listing:

1. Recurrent bloody stools documented and anemia manifested by heatocrit of 30 percent or less on repeated exams.

2. Persistent or recurrents of arthritis, iritis, fever or liver dysfuntion, not attributable to other causes; or

3. Intermittent obstruction due to intractable abscess, fistula formation or stenosis; or

4. Recurrence of findings of 1, 2 or 3 above after total colectomy: or

5. Weight loss as described under section 5.08

There are many complications from Irritable Bowel Syndrome that are required to be explained so that Social Security can get an accurate description of how dibilitating this situation is on your life and ability to be gainfully employed. We at the law office realize this syndrome is not an easy thing for most people to discuss, however we take a very dignified professional view of the matter, and help the client relay to Social Security the health information that is so vital to succeeding on the claim.

We would be pleased to help you in your time of need, you may phone us at the office toll free (877) 271-2633 or local at (615) 308-2633. Their is no obligation, and there is no fee unless we are successful on your disability claim.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

ALS Disability Attorney

mcmurtry — Tue, 14 Jul 2009 14:19:24 +0000

The full name of ALS is Amyotrophic Lateral Sclerosis, it is called Lou Gehrigs Disease by most. This disease is progressive and invariably it is fatal. The disease attacks the nerve cells that control voluntary muscle movement. The result in most cases is the inability to control and or move muscles, the disease attacks every aspect of the human body, including the lungs, vocal chords, and muscles used to swallow.

Under Social Security Disability there is a listing for ALS. The diagnosis may be made by electrophysiological study, your history, and neurological findings that are generally the same as ALS. Currently there is not one test to determine if in fact you have ALS.

Social Security Disability requires the diagnosis to be made with generally accepted medical practices. The generally accepted practices are really just what is accepted in the medical community as the proper way to diagnose ALS.

While there is not currently a cure, being able to have insurance and a monthly check through Social Security for treatment can ease one of the burdens that this disease puts on a person. If you need assistance with your disability claim please feel free to phone the office at anytime Monday through Saturday at toll free (877) 271-2633 or local at (615) 308-2633. We look forward to speaking with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Heart Attack Disability Attorney

mcmurtry — Fri, 19 Jun 2009 15:02:01 +0000

Under Social Security Disability one can be deemed disabled due to the complications from a heart attack. Most of the clients I have represented who have suffered from a heart attack have far more complications after their attack. Many of these include stent placement surgeries, strong medications, limits on their mobility and stamina, additional hardware placed in or around their heart, and further surgeries to repair possible damaged arteries or valves. All of these complications either alone or combined are very important to your claim.

When I represent someone who has suffered from a heart attack I first review their medical history and then consult with medical experts to get their opinion on the medical evidence. There are certain things that a medical expert may be able to glean from medical history that could be very important in your claim. I then review the requirements of Social Security Disability and see how your medical history fits into the rules. I have a Registered Nurse who is on immediate call for case discussion from me.

Many factors will go into the determination of your claim by the Social Security Disability department, such as age, ability to ambulate, education, stamina, ability tolerate smells climates chemicals, and past work history. Especially important in a claim based on a heart attack are the factors mentioned above, including your medical history and your doctors observations of you.

Please feel free to phone the law office at toll free (877) 271-2633 or local at (615) 308-2633 Monday through Saturday. We look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Brain Tumor Disability Attorney

mcmurtry — Thu, 18 Jun 2009 14:38:26 +0000

Having witnessed first hand a family member suffer from a brain tumor I realize the devastating effects it can have on a person. Under Social Security Disability listing 11.05 there is a listing for brain tumors. The brain tumor itself can cause disability, but the results from undergoing treatment such as surgery, chemotherapy, radiation therapy and many other types of medical treatment can also result in someone becoming disabled.

The technical definition required by Social Security Disability is listed as:

A. Malignant gliomas, medulloblastoma, ependymoblastoma, or primary sarcoma

B. Astrocytoma meningioma, pituitary tumors, oligodendroglioma, ependymoma, clivus chordoma and benign tumors.

Social Security evaluates a disability based on brain tumors under elements such as epilepsy occurring, speech impairment, ability to ambulate, motor functions, cognitive ability, behavioral abnormality, difficulty in social functioning, thinking disturbances, ability to do daily activities. These are but a few of the factors that go into a determination of your disability case as it relates to brain tumors. Your testimony is another factor that will be very important along with your medical records.

Should you need assistance in your disability claim, please give us a phone call Monday through Saturday at toll free (877) 271-2633 or local at (615) 308-2633. We would be pleased to speak with you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Disability Work Comp Offset

mcmurtry — Fri, 29 May 2009 15:04:53 +0000

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. We look forward to speaking with you, our numbers are toll free (877) 271-2633 and local (615) 308-2633, we are available Monday through Saturday.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Aspergers Syndrome Disability Attorney

mcmurtry — Wed, 29 Apr 2009 15:24:24 +0000

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 Saturday at our office toll free (877) 271-2633 or local at (615) 308-2633. We look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Rheumatoid Arthritis Disability Attorney

mcmurtry — Fri, 17 Apr 2009 15:26:35 +0000

There is a listing under Social Security Disability entitled inflammatory arthritis, this is the listing for Rheumatoid Arthritis. The listing requires the following medical conditions, but remember there are other ways to meet Social Security Disability requirements other than this listing for Rheumatoid Arthritis.

A. History of joint pain, swelling, and tenderness, and signs on current physical examniation of joint inflammation or def0rmity in two or more major joints resulting in inability to ambulate effectively or inability to perform fine and gross movements effectively, as defined in 14.00B6b and B2c; or

B. Ankylosing spondylitis or other spondyloarthropathy, with diagnosis established by findings of unilateral or bilateral sacroliitis (e.g. erosions or fusions) shown by appropriate medically acceptable imaging, with both:

1. History of back pain, tenderness, and stiffness, and

2. Findings on physical examination of ankylosis fixation of the dorsolumber or cervical spine at 45 degree or more flexion measured from vertical position zero degrees; or

C. An impairment as described under the criteria in 14.02A systemic lupus erythematosus; or

D. Inflammatory arthritis with signs of peripheral join inflammation on current examination, but with lesser joint involvement than in A and lesser extra articular features than in C, and:

1. Significant, documented constitutional symptoms and signs (e.g. fatigue, fever, malaise, weight loss), and

2. Involvement of two or more organs/body systems. At least one of the organs/body systems must be involved to at least a moderate level of severity.

E. Inflammatory spondylitis or other inflammatory spondyloarthropathies, with lesser deformity than in B and lesser extra-articualr features than in C, with signs of unilateral or bilateral sacroiliitis on appropriate medically acceptable imaging; and with the extra-articular features described in 14.09D.

Rheumatoind Arthritis is a dibilitating disease, it can strike young and old alike. It can deform the body and make everyday choirs seem impossible. Daily living activities such as simply shopping or driving can become to painful. If you or a loved one suffer from Rheumatoid Arthritis please give me a call, I would be pleased to review your Social Security Disability claim at no charge, and there is never a fee unless I win your claim.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.