SocialSecurityDenied.com

Blind Poor Vision Disability Attorney

2009-03-14T15:24:00.000-07:00

Blind Poor Vision Disability
Nashville Disability Attorney, Tennessee Disability Attorney

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 or having poor vision 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.

http://www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Stroke Disability Attorney

2009-03-14T15:19:00.001-07:00

Stroke Disability Attorney
Nashville Disability Attorney, Tennessee Disability Attorney

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:

(1) Sensory or moro aphasia resulting in ineffective speech or communication; or

(2) 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.

http://www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Interstitial Cystitis Disability Attorney

2009-03-14T15:13:00.000-07:00

Interstitial Cystitis Disability Attorney
Nashville Disability Attorney, Tennessee Disability Attorney

Interstitial Cystitis is a very painful bladder condition that effects women much more frequently than men. At the current time there is not a listing under Social Security Disability for this disabling condition, but this does not mean you cannot be found disabled if you suffer from Interstitial Cystitis, I have successfully argued a case involving it. There is hope in your case, and it is found under the new guidance rules posted by Social Security for this condition.

Social Security Disability has issued a guidance ruling on Interstitial Cystitis to assist both Judges and attorneys dealing with a claim based on it. The issues involving this disease include severe urinary frequency, sever pelvic pain, depression, urinary control loss and difficulty in sleep. So one might ask, Why is this not a listing?, Why is there only a guidance ruling? It is hard to find the medical evidence to support this condition, currently there is no test to determine if you have this disease. At a hearing of the matter before a Social Security Judge it will largely depend on your testimony as to your symptoms, and matching those symptoms to the guidance ruling posted by Social Security.http://www.socialsecuritydenied.com

In these cases it is very important to have a good relationship with your treating physician, although there is no test, at least the doctor will have in their notes your statements about how you have been suffering from these conditions. Under the guidance ruling that Social Security Disability developed many of these symptoms are included, so although there is not a test to determine if you have this disease, there are symptoms that have been accepted by Social Security to evaluate your claim.

I believe that this is a real and debilitating disease, I have seen first hand my clients that suffer from it. Although there is not a current listing, it is very helpful to me as your attorney to have the new guidance rules to assist you in obtaining your disability. Please call the law office at toll free (877) 271-2633 or local at (615) 308-2633 to discuss your claim, I would be pleased to speak with you.

http://www.socialsecuritydenied.com

Daniel L. McMurtry, Esq.

Murfreesboro VA Colonoscopies

2009-02-17T09:22:00.000-08:00

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.

Disability Insurance Benefits

2009-02-09T07:47:00.001-08:00

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.

Social Security Denied Diabetes

2009-02-05T09:14:00.000-08:00

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.

www.socialsecuritydenied.com

2009-01-19T17:50:00.000-08:00

As an attorney representing people in Social Security Disability hearings I have had the chance to meet many clients that have numerous questions about the entire process. It can be a long process from the initial Social Security application, all the way through the hearing with the Social Security Judge. As such I developed a website, http://www.socialsecuritydenied.com
at the website you will find answers to most of your questions, after viewing the site you may wish to give our office a call at TOLL FREE 1 (877) 271-2633 for review of your case.

As the attorney representing you, I have the ability to consult with a Registered Nurse, Medical Doctor and Social Worker. The website of www.socialsecuritydenied.com enables me to explain many aspects of social security disability, from the conditions and or listings of social security disability to the attorney fee, hearing stage, and the questions many people have about disability.

I hope the site proves useful to many people, as I have enjoyed my work in the area of Social Security Disability, and would be pleased to represent you.

Daniel L. McMurtry
www.socialsecuritydenied.com

Alleged Onset Date

2009-01-16T07:57:00.000-08:00

What is your Onset Date? In Social Security Disability your onset date is very important. You are telling the Social Security Department that this is the day you became disabled. Many times at or before a hearing I will discover that a client has by mistake, put down the wrong date for disability, if you do not claim disability the very day you stop working, it may be hard to determine your onset date looking backwards, that is why I review your onset very carefully.

As an attorney I review your medical records and earning records to determine your onset date for Social Security Disability purposes. Sometimes in reviewing these records I discover that the medical records do not match up with the onset date. When I see an onset date that does not match the medical records, I will ask the Judge to allow us to change the onset date, your medical records must be in close proximity to your disability date, meaning your records must show this is when you were unable to continue working. By changing the onset date to match your medical records it allows the Judge to possibly grant you disability, without it the Judge may not be able to properly document the date of your disability which can bring a host of problems for your claim.

The onset date can also be affected by your earnings, sometimes a person will show some earnings via the IRS when they are claiming to be unable to work, there are usually good explanations for this, sometimes it involves vacation pay, sick pay, and family leave pay. It is important to be able to explain this income, because it can have dire consequences on your disability claim should you not be able to explain it, and one of those consequences can be your date of disability or onset date that you are claiming be changed, or denial of your disability claim.

Under the Social Security Disability Act you can go back only 17 months from your application, to claim your onset date, meaning if you file your claim on March 1st, 2008, you can only backwards 17 months to claim your onset date or date you claim to have become disabled.

Should you need assistance in your Disability Claim, please give me a call at
toll free 1 (877) 271-2633, or on the web at http://www.socialsecuritydenied.com I would be pleased to speak with you about your claim.

Daniel L. McMurtry, Esq.

Social Security Denied Hearing Stage

2008-12-17T08:56:00.000-08:00

The hearing stage of a social security denied claim can be a little unnerving to some people who have never been before a Judge. You might ask, What does it involve? Well there are many aspects to a social security disability hearing.http://www.socialsecuritydenied.com

As an attorney the preparation for your hearing starts when I meet you, from that point forward I work to get your medical regards up to date, I consult with a Registered Nurse on cases that need a medical explanation to the Judge. I want to be able to explain to the Judge why your social security claim was denied incorrectly. Having a nurse review your symptoms and situation allows me to have a better medical understanding of your condition.

When I review your medical records I write the Judge a pre-trial brief to help him or her understand in a concise manner what your medical issues are and how they relate to your disability. The pre-trial brief provides the Judge with a snap shot of your claim.

Your testimony in a social security disability hearing is very important, the day before your hearing and the morning of your hearing we will discuss your testimony, by doing this it allows you to be prepared to answer the Judge's questions more precisely. Being a prepared witness is essential in a hearing before the Judge.

Finally after the hearing, should the Judge request more records I will pursue those records until they are delivered to the Social Security Hearing Office.

For more information you may visit my website by typing in the address bar on the top of your page, http://www.socialsecuritydenied.com, or dial us at toll free 1 (877) 271-2633.

What is Disability Insurance Benefits

2008-12-04T07:57:00.000-08:00

I often am asked what is DIB? Is that disability? Well the answer is yes, Social Security Disability is known as Title II, DIB in the Social Security language.

DIB means or is described as Disability Insurance Benefits, generally when someone is at least 31 years of age the Disability Insurance Benefits may be applicable to them if they have worked 5 out of the 10 ten years proceeding their disability date. When you are under 31 and become disabled a few different computation are used to determine if you worked long enough to qualify for DIB.

The disability date is important in DIB cases, it is when you are telling Social Security that you became disabled, the exact date you could no longer work. It is important that your medical records reflect that date, essentially that your records show your condiction back to the date you say you became disabled.

DIB carries with it medical insurance from the government as well, so beside the back pay that one may obtain when you are granted DIB, you will also then have insurance through the government.

This is a but a short explanation of DIB, for a broader understanding of Social Security Disability please visit my website socialsecuritydenied.com, or you may always phone the office at
(615)-308-2633 to speak with me Daniel L. McMurtry.

Social Security Disability denied

2008-09-24T07:15:00.000-07:00

The first thing I am asked usually about social security disability is how do I apply?

Speaking only for Tennessee, the wait for a disability hearing is quite lengthy, (very few people get disability based on their initial application or their reconsideration they filed after their first denial) there are many cases currently waiting for a hearing in Tennessee.

Many people are unsure of how to start the process of social security disability. Well the first thing one needs to do is call the 1-800 number, that is 1-800-772-1213, this is the number for social security, it is where you will start the initial process of applying for disability. Most people are turned down after their initial try, it is at this point as a lawyer that I usually begin to represent people in Tennessee, including Nashville, Knoxville, and Chattanooga. There are important deadlines to meet, if you should miss one of them, you may not be allowed to proceed to the next step.

As a lawyer I meet with the client and review all the paperwork, fill out the documents and submit all of them in a timely fashion so as to not be barred from the appeal. It is at this point I file what is known as the reconsideration documents.

Reconsideration level is exactly that, they are reconsidering your claim. I like being able to get a case from a client at this level because it allows me to closely note what the claimant is writing on their appeal. Unfortunately most reconsideration are turned down, however being that is usually the normal way things proceed in disability, I then file for my clients their request to be heard before a social security judge, also known as a Federal Administrative Law Judge.

To request a hearing one needs to carefully fill out more documents and make sure and beat the deadlines to secure their hearing before the judge. When I represent people that is exactly what I do, I secure the hearing by following all the proper requirements and meeting all the deadlines.

By doing all of the steps above I protect my clients right to a hearing. In later posts I will discuss what a hearing is, what type documents we need and how you will be prepared for a hearing. You can always reach me at (615) 308-2633, please feel free to call with any social security questions.