Social Security Denied » mcmurtry

MS Disability Attorney

mcmurtry — Wed, 11 Aug 2010 16:47:05 +0000

MS also known by its full name Multiple Sclerosis is a deadly disease. MS attacks the brain and central nervous system. The progression of the disease can lead to severe problems with normal autonomic functions, such as digestion, heart rate, breathing and salivation. In latter stages of MS it becomes difficult for many of my clients to control their balance and walk. Fatigue will often overcome many of my clients even though they may still have the ability to walk a block or two.

While in recent years some new and promising breakthroughs have taken place in regards to MS, the continued toll on the body that MS takes is over whelming to most individuals. It destroys many claimants ability to do simple task such as walk, take care of themselves, shop for groceries and live independently.

It is hard for many of my clients to accept the results of MS, many clients tell me that their last resort is filing for disability, as they have drained their savings and have no other options. I always tell clients that filing for disability when you have MS is nothing to be bashful about, the cost of today’s medicines and treatment are far more than most people can afford.

I would be pleased to assist you with your claim, you need only phone my office, and if you can’t come to me, I will come to you. When you phone my law office you will speak directly to me, and I will be the one to represent you through your entire claim. I look forward to helping you.

Daniel L. McMurtry, Esq.

www.socialsecuritydenied.com

Crohns Disease Attorney

mcmurtry — Tue, 15 Dec 2009 17:35:16 +0000

I represent individuals who suffer from Crohns Disease, this disease can strike at anytime, and the consequences are painful, and if not treated properly can lead to death. Crohns disease involves the bowels, symptoms can be bloody stools, fever, liver disfunctions, and intermittent obstruction.

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

Daniel L. McMurtry, Esq.

Chronic Pancreatitis Attorney

mcmurtry — Tue, 15 Dec 2009 16:12:47 +0000

Chronic Pancreatitis is a severe and disabling condition that effects a wide range of individuals. It is very painful and very unpleasant to deal with by anyones standards. Social Security Disability reviews the treating physician’s records in these cases to determine the severity of the Pancreatitis.

The medical records of my clients generally show in cases of Pancreatitis that the attacks are painful, they last long periods of time, they are unpredictable when they occurre, and how much pain there is between each and every attack of Pancreatitis. I am usually asked, is there a difference between Acute Pancreatitis and Chronic Pancreatitis? The answer is yes, Acute goes away after a few days and does not come back, Chronic is recurring, and does not go away.

Pancreatits produces pain, nauseau, vomiting, and repeatedly returns, it is so dibilitating that most people cannot keep a job, and thus must file for Social Security Disability. It is not easy to deal with this disease and disability filings, we could be pleased to help you out, and allow you peace of mind.

Please give me a call if I can be of assistance to you in your time of need, you may reach the law office Monday through Saturday at toll free (877) 271-2633 or local at (615)308-2633.

I look forward to hearing from you, and remember if you can’t come to us, we will come to you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

Disability Hearing

mcmurtry — Thu, 15 Oct 2009 15:52:30 +0000

You have just received a letter telling you that Social Security Disability has your file at the regional hearing office and they will be in touch with you about a hearing, does this sound familiar? It does to many, if not all people who apply for Social Security Disability. Most people phone me and ask, What does this letter really mean? I’m I having a hearing in the next weeks, months, etc. The answer is usually no, most of the time it is many months before you will find yourself before a judge who is assigned to hear your disability claim.

The time between receiving the letter and your disability hearing is a great time to gather and or make Social Security Disability aware of your continuing treatment, or for those who cant afford any treatment, it is a time to see some of the Social Security Doctors, or other health care professionals for the evaluation of your disability. This is also a great time for me to review your records, and before your hearing date write a pre-trial brief.

I prepare a brief for your disability hearing to help point the judge to our strongest medical arguments for your disability claim. It is a brief including your medical records, your history of work, education, and procedural things like when you applied and were denied. It allows the judge to get a snap shot of your case before and during your hearing.

I am often asked, Do I have to say anything? Simply the answer is yes, the disability judge will generally ask you questions about your daily activities, your financial history, your work background, and most importantly your health issues. Honesty in this questioning is crucial to your case, it is never acceptable to answer the judge with anything but the truth. Many times my clients are fearful of some of their answers hurting the claim, and most of their worries are unfounded, honesty is always the best policy at your hearing.

How long until I get a ruling from the disability judge, after my hearing? There is no timeline for a decision, but usually I would say 4 to 5 weeks until a decision will be made. They will send a copy to me as your lawyer, and to you.

These are a few of the things that occure at your hearing for Social Security Disability, should you have any questions always feel free to phone the law office at toll free 1-800-271-2633 or local at 615-308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

My Disability was Denied

mcmurtry — Fri, 31 Jul 2009 14:46:18 +0000

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 us a call anytime Monday through Saturday at toll free (877) 271-2633.

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.

Disability Application Attorney

mcmurtry — Wed, 17 Jun 2009 23:53:42 +0000

How do you apply for disability? There are several way a person may apply for social security disability; the first way to apply is by computer, you can go to the website of ssa.gov and click on the box entitled disability, it will instruct you how to apply and how to submit your application ; the second way to apply for disability is by telephone, you can phone social security disability at 1 (800) 772-1213 and they will send you the documents to apply and schedule you for an interview; the third way to apply is by going to the local social security office and getting the documents, once you submit the application back to their office, they will get in touch with you about your interview.

Will you get declared disabled right away? No, probably not, most people may hear this from someone, but the truth is you will probably not get declared disabled. If you are denied at this stage you will need to appeal within the deadline. This is called your reconsideration stage, you are asking the department to reconsider their denial of your claim. I will usually consult a Registered Nurse to help review your condition and other health professional such as physical therapists and occupational therapists.

Unfortunately most people are turned down on their appeal, so what is there to do after that? Your next step will require you to have a hearing before a Federal Administrative Law Judge. Many people find this step a little intimidating, but because I have made my living in the courtroom, I am very familiar with the process of appearing before judges and juries. In the hearing you will be required to give testimony before the judge, and answer some questions from your attorney. After the hearing there will generally be a waiting period before you know the result of your hearing.

Should you need assistance with your disability application and claim, please give the law office a call Monday through Saturday toll free at (877) 271-2633 or local at (615) 308-2633. We look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Seizure Disability Attorney

mcmurtry — Tue, 16 Jun 2009 18:01:49 +0000

Seizures, more medically termed Epilepsy is a neurological disorder. Social Security Disability has two listings that involve seizures, one is called Epilepsy non convulsive, the other one is called Epilepsy convulsive. Under the rules of Social Security Disability your impairment due to seizures will be determined based on several factors, including; type of seizures; the amount of time they last; the presence or absence of the aura; any injuries you sustain because of the ongoing seizures; sphincter control; tongue bits. All of these factors will be taken into consideration.

One of the most important factors will be your medical records, and if a medical professional has not seen you have a seizure, then providing a witness will be very important. Below you can read the technical requirements that disability sets out for seizures / epilepsy.

11.02 Epilepsy convulsive, (grand mal, psychomotor), these are documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. With:

A. Daytime episodes (loss of consciousness and convulsive seizures); or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy non convulsive (petit mal, psychomotor, or focal) documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

Should you need assistance with your disability claim, please feel free to phone the office Monday through Saturday at our toll free number (877) 271-2633 or local at (615) 308-2633. We look forward to hearing from you.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.