Social Security Denied » stroke

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

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.

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.

Lupus Disability Attorney

mcmurtry — Mon, 06 Apr 2009 13:32:25 +0000

Lupus is a disabling diseases that is recognized by Social Security Disability under listing 14.02, you meet the listing if the following is true about your claim:

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.

Stroke Disability Attorney

mcmurtry — Thu, 29 Jan 2009 17:09:17 +0000

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:

Sensory or moro aphasia resulting in ineffective speech or communication; or
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.

Blind Disability

mcmurtry — Thu, 22 Jan 2009 16:16:31 +0000

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:

Impairment of central visual acuity
Contraction of peripheral visual fields in the better eye
Loss of visual efficiency
Complete homonymous hemianopsia
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, we may be reached toll free at 1 (877) 271-2633, or local at (615) 308-2633.

www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.