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

The requirements to meet this listing are things such as reconstructive surgery on  a major weight bearing  joint, this includes the knee, the listing also requires that you do not have the ability to ambulate effectively, either after the surgery or since you are not a candidate for surgery, you cannot ambulate effectively in your condition. The pain associated with knee problems is tremendous, due to the fact that it is always under pressure from the weight of your body. 

In many cases of knee replacement, the pain is constant and the medications used to alleviate the pain are so strong that the claimant cannot perform past work, and or any sedentary work that might be available. Even in sedentary work an individual might be required to use pedals or foot controls, and many knee replacement claimants cannot tolerate the pain from these requirements.

Should you need assistance with your claim for social security disability, please give me a call, if you cant come to us, we will come to you. 

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

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.

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

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

OR

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.

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) 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 by 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 stenosis resulting in pseudoclaudication established by findings on appropriate medically acceptable imaging manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively.

A back injury or back problems are severely disabling, many people who work jobs that require lifting and carrying can no longer perform their tasks at work. Should you need assistance with your claim for Social Security Disability please give my law office a call toll free (877) 271-2633 or local at (615) 308-2633. I am not just an advocate,  I am your attorney.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

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 us a call Monday through Saturday at toll free (877) 271-2633 or local at (615) 308-2633 to discuss your claim.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

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.

(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 Saturday at toll free 1 (877) 271-2633 or local at (615) 308-2633, we look forward to hearing from you.

www.socialsecuritydenied.com 

Daniel L. McMurtry, Esq.