Tuesday, February 17, 2009

Murfreesboro VA Colonoscopies

The Murfreesboro Tennessee VA announced that from April 23, 2003 until December 1, 2008 veterans who had colonoscopies performed in the Murfreesboro VA may have been exposed to HIV and Hepatitis C, due to a valve that was not properly sanitized and or attached to the medical machine used in the procedure.

The Murfreesboro VA believes that close to 6 thousand veterans may have been exposed to the body fluids of others, as the valve used in the colonoscopy was not properly cleaned and or placed correctly on the machine. The Alvin C. York VA Center of Murfreesboro has announced that they are offering free blood tests to determine if any veteran has contracted the deadly diseases. These free screenings have been offered via a letter sent out to veterans.

HIV and Hepatitis C are deadly diseases, you can have one or both and not be aware of it. It is important to follow up with at the Murfreesboro VA and have your blood tested. I am in hopes that no veteran will test positive, but what if you do test positive, what happens then?

Do you have rights against the Murfreesboro VA? Yes you do have rights, you should expect not to be exposed to someones body fluids by having a routine colonoscopy. If you do test positive for any diseases related to this treatment, you do have legal rights, although they are somewhat different because it involves the United States Government.

Your claim may fall under the GTLA, (Governmental Tort Liability Act), I have filed suit under the GTLA before, it is not easy to take on the government and there are many hurdles to doing so, but in this case it may be required if you test positive for any diseases related to the colonoscopy procedure.

Your rights as a veteran under the GTLA in regards to the Murfreesboro VA have deadlines and procedures that must be met to secure your claim. I would be pleased to speak to you and review your facts. There is no excuse for veterans of the United States to be subjected to such mistakes.

I would be pleased to speak with you at anytime about your situation. I have already spoken to several veterans and reviewed facts of the procedure, please feel free to phone me toll free at 1 (877) 271-2633 or local at (615) 308-2633.

http://www.socialsecuritydenied.com

Daniel L. McMurtry, Esq

Nashville Lawyer, Tennessee Lawyer Daniel L. McMurtry, located in Nashville, Tennessee representing clients in Tennessee on Legal Matters. Trial Lawyer with jury trial experience in Tennessee and Mississippi, representing individuals not corporations.

Monday, February 9, 2009

Disability Insurance Benefits

Often I am asked what is the difference between Disability Insurance Benefits and SSI, and is it important to me? There is a very big difference between the two programs.

Disability Insurance Benefits, ie (DIB), is not a need based program, meaning, it is based on your ability to work, strictly speaking, Are you disabled under the governments rules? To qualify for DIB you first must have worked enough over the last ten years to have enough credits, generally most people collect 4 credits a year, and usually have received 20 credits in the last 5 years. Once you have qualified with enough credits to fall under DIB, you must next be evaluated by the Social Security Administration to determine if you are physically unable to work.

The evaluation of your disability is first made at the application stage, if you are turned down after the first application you may then appeal, this is known as the Reconsideration stage, if you are turned down at that stage, you may then ask for a Federal Administrative Law Judge to hear your case, generally there will be a hearing, and at a later date you will receive notice from the Judge whether he or she approved your claim.

SSI, this is a need based program unlike DIB. SSI takes into account not only your disability, but your assets, things like your home, car, bank accounts, living arrangements, etc. SSI is for individuals that do not qualify for DIB, meaning generally they have not worked enough in the last ten years to have enough credits to qualify for DIB. The process for SSI is much the same as DIB, except along the way your assets can disqualify you from the program.

Please give the law firm a call, we would be pleased to speak with you about your claim, you may phone the office 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.

Thursday, February 5, 2009

Social Security Denied Diabetes

The listing under Social Security Disability entitled Diabetes mellitus can best be explained as follows:

(1) Neuropathy, demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movement of gait and station; or

(2) Acidosis, occurring at least on the average of once every 2 months documented by appropriate blood chemical tests; or

(3) Retinitis proliferans, evaluate the visual impairment under the criteria in 2.02 and 2.03

I most commonly encounter clients with part (A) due to diabetes, it seems to be the most prevalent issue. However, visual impairments due to diabetes would certainly be at the least the second most impairment I see in regards to representing persons with diabetes.

Diabetes is a difficult and complex disease, it is for this reason I seek medical clarifications from a Registered Nurse sometimes when working with these cases. Should you need assistance in your disability claim, please feel free to phone us at toll free 1 (877) 271-2633 or on the web at
http://www.socialsecuritydenied.com

I would be pleased to help you.

Daniel L. McMurtry, Esq.