Author: drummond

In Social Security Disability (SSD) and Supplemental Security Income (SSI) claims, we often see people who have immune deficiency disorders or HIV infections. The symptoms involved in these types of claims can often be quite disabling.

Specific conditions are recognized by the Social Security Administration as being disabling by definition if they meet or are the medical equivalent of the Listing of Impairments promulgated by the Social Security Administration. These “Listings” as they are called are quite specific.

Under Rule 14.07, which covers immune disorders other than HIV, Social Security recognizes sepsis, meningitis, pneumonia, septic arthritis, endocarditis and in some instances sinusitis as disabling if documented by appropriate medically acceptable imaging. For these to be considered, the infections listed above must either be resistant to treatment, or require hospitalization or intravenous treatment three or more times in a 12 month period. One would also considered to be disabled if stem cell transplantation had been performed or if there were repeated manifestations of immune deficiency including severe fatigue, fever, malaise or involuntary weight loss and a concurrent mark level of activity of daily living, maintaining social functioning or completing tasks in a timely manner due to deficiencies of concentration persistence or pace.

HIV infections, or AIDS (Acquired Immune Deficiency Syndrome) as it is commonly called is recognized under Rule 14.08 under the Listing of Impairments. Simply having AIDS, however, will not qualify you for benefits. This at the outset requires documentation of the HIV infection with appropriate laboratory tests. There are specific rules governing acceptable findings that must be met at the outset. Once it is determined that AIDS or HIV is present, Social Security lists no less than 11 subcategories under the Listing of Impairments which can be disabling. Most of these subcategories of HIV and AIDS deal with infectious processes that must be present with specific findings in order to be disabled pursuant to the Listing of Impairments.

One important thing to mention is that failure to exactly meet these listings does not mean that a disability claim cannot be won. Usually people with immune deficiency disorders and AIDS have multiple problems which in combination with their age education and work experience would cause them to be totally disabled. We commonly assist those so afflicted and have had great success in developing successful disability claims whether or not they specifically meet specific listings.

If you have an immune deficiency disorder, HIV, AIDS, or any other conditions that you feel might be totally disabling and would like to talk to experienced lawyers who have been representing the disabled for over 40 years, give us a call at (800) 842-0426 for a FREE CONSULTATION. If you decide to hire us you don’t have to pay unless you win. Attorneys fees are set by statute at 25% of any back pay and are approved by the administration.

Some helpful links regarding AIDS, HIV, and other immune disorders include:

http://www.webmd.com/hiv-aids/guide/disability-aids-qualifying-social-security-disability-insurance

http://www.nolo.com/legal-encyclopedia/disability-benefits-hivaids.html

http://www.ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm

https://www.aids.gov/hiv-aids-basics/hiv-aids-101/signs-and-symptoms/

 

 

 

 

 

 

 

 

Stomach and gastrointestinal (GI) diseases, such as inflammatory bowel disease, ulcerative colitis, and Crohn’s Disease can be the reason you win a Social Security Disability claim.

However, in order to win a Social Security Disability (SSD) or Supplemental Security Income (SSI) case based on stomach and intestinal conditions, certain documentation and evidence must be received on top of the claimant treated with a GI specialist for his or her problems.

A major piece of evidence in cases involving stomach and GI diseases is to document how often these conditions make you have to go to the bathroom and how often they cause discomfort and symptoms including nausea, diarrhea, constipation, cramping, vomiting, and bloating.

Although discussing their bathroom habits and bowel activities may be embarrassing for claimants, Drummond Disability encourages their clients to open to their doctors about these symptoms, especially the frequency with which they have to use the bathroom. One way Drummond Disability helps with communication with the doctors regarding these symptoms is by providing our clients with these conditions with calendars on which to document these symptoms and the frequency at which they have to use the restroom.

These calendars help in multiple ways because our clients are able to bring them to their doctor’s visits to explain the symptoms they have been having and are submitted by Drummond Disability lawyers to Social Security in order to help document these conditions.

Another way for these conditions to get documented is for claimants to treat with GI specialists who perform special tests to document stomach and intestinal conditions including colonoscopies and esophagogastroduodenoscopies (EGDs) that help show what inflammation or other symptoms are going on in the stomach and bowels.

If you or anyone you know is suffering colitis, Crohn’s Disease, or any other inflammatory bowel disease (IBD) and needs help with their disability claim, please contact Drummond Disability by messaging us on drummonddisability.com or by calling us at (800) 842-0426 for a FREE Consultation.

Some helpful information for inflammatory bowel disease including colitis and Crohn’s disease can be found on the following websites:

http://www.rxlist.com/gastrointestinal_diseases/drugs-condition.htm

http://www.mayoclinic.org/diseases-conditions/inflammatory-bowel-disease/basics/symptoms/con-20034908

http://www.cdc.gov/ibd/what-is-ibd.htm

http://www.ccfa.org/what-are-crohns-and-colitis/?referrer=https://www.google.com/

http://www.ssa.gov/disability/professionals/bluebook/5.00-Digestive-Adult.htm

 

Recently, our firm initiated an inquiry pursuant to the Equal Access for Justice Act requesting material from the Social Security Administration used by administrative law judges in writing their decisions. At Drummond Disability, we try a great number of cases with a great number of judges from many states. Some of the judges are in National Hearing Centers situated throughout the country, while some are from National Hearing Centers in Chicago or St. Louis. Many of them are from Illinois but we frequently deal with administrative law judges from many other states, most commonly Missouri, Indiana, and California.

It becomes apparent when reading Social Security Disability decisions in which claimants are denied benefits that the judges from throughout the country almost always use identical language in denying claims. This problem has been acknowledged in multiple federal appellate circuits and has been criticized repeatedly by the Seventh Circuit Court of Appeals concerning cases in Illinois Indiana and Wisconsin. This constant use of the same language by judges in different jurisdictions leads us to believe that there is a national template or form that has given to the judges that makes it easy to deny claims.

For Social Security disability claims, whether the claim is for Social Security Disability (SSD) benefits or for Supplemental Security Income (SSI), we strongly feel that the judges should detail the evidence they rely upon in denying the claim. This is particularly true when judges dismiss reports from treating doctors with boilerplate language without explaining the reasoning whatsoever.

At the present time, we are at the initial stages of our investigation and, depending upon what we get as a result of our request for information pursuant to the freedom of information act, we may be counting completing a class-action suit on the behalf of applicants denied benefits caused by the misuse of these standard form decisions. We’ll keep you updated as to what we discover from the information Social Security provides us.

If you or someone you know is disabled, call Drummond Law at (800) 842-0426 for a free consultation.

Muscular dystrophy is one of many diseases that can cause impairment significant enough to totally disable a person from employment. As attorneys who represent disabled individuals in Social Security Disability (SSD) and Supplemental Security Income (SSI) claims, we know that muscular dystrophy is one of the many ailments that can form a basis for successful claim.

Muscular dystrophy itself is not just one disease but it is a term used for the whole family of similar debilitating diseases. Muscular dystrophy, or MD for short, is a group of genetic diseases that can cause multiple symptoms which can mimic many other diseases. Not only can muscular dystrophy affect the muscles of the body but it can also affect the heart.

It is most common to see muscular dystrophy in younger individuals but it can occur later in age also.

The diagnosis of muscular dystrophy is often performed by blood tests with the doctors looking for specific enzymes such as creatine kinase, EMG testing, muscle biopsies, and genetic testing.

Although there is no cure, treatment for muscular dystrophy can include physical therapy, surgical intervention, and, in some cases, nutritional supplements.

As attorneys representing Social Security Disability claimants, the first order of business we are usually facing is an individual who has a variety of symptoms that prevent them from working but has not yet been given a specific diagnosis.

Once a diagnosis of a significant disease is made, such as muscular dystrophy, multiple sclerosis (MS), lupus, connective tissue disorders, scleroderma or similar ailments, it then becomes necessary to document their severity since some individuals are much more dramatically affected than others. At Drummond Disability, we try to involve ourselves at the outset in assisting our clients with both getting the proper diagnosis and treatment and developing that into a medical basis for winning a disability claim. We work pretty hard at this and make sure do it right.

We can be contacted by clicking on her website at drummonddisability.com, by phone at (800) 842-0426, or by personal appointment and will be happy to discuss any questions you may have with you. As always with Drummond Disability, consultations are free.

Some helpful links about muscular dystrophy include:

http://www.mayoclinic.org/diseases-conditions/muscular-dystrophy/basics/tests-diagnosis/con-20021240

https://www.nichd.nih.gov/health/topics/musculardys/conditioninfo/Pages/diagnosed.aspx

https://my.clevelandclinic.org/health/diseases_conditions/hic_muscular_dystrophy

http://www.mayoclinic.org/diseases-conditions/muscular-dystrophy/basics/treatment/con-20021240

https://www.nichd.nih.gov/health/topics/musculardys/conditioninfo/Pages/treatment.aspx

 

What is ODAR? The quick answer is that it is an acronym for a governmental agency that is a part of the Social Security Administration where administrative law judges hear disability claims.

The name actually stands for the Office of Disability Adjudication and Review. There are many offices scattered throughout the United States and the various offices are grouped into regions. In addition to the regional offices and their local branches, there is also a national hearing center which conducts disability hearings.

As attorneys who have represented thousands of successful disability applicants over the last 40 years, we deal with these offices on a regular basis and have definite opinions on both the offices and the judges in them.

Most applicants with a Social Security disability or supplemental security income claim end up in front of one of the Administrative Law Judges who staff these offices. Unfortunately, there are huge variations between different offices and different judges and it is important to know the quirks of the various judges before trying cases.

One the things we like to do at Drummond Disability is to ask for in person hearings. The vast majority of the hearings we have today for our Social Security Disability (SSD) and are Supplemental Security Income (SSI) clients are on a large video screen, and we feel that our success rate is much higher with in person hearings in front of the actual judge then having an impersonal videoconference.

Now there is a great deal of information that can be obtained from the government’s own website concerning the local ODAR office and it can be found by clicking on  www.disabilityjudges.com.

If you would like assistance in your disability claim or know someone that needs our help, do not hesitate to message us through drummondisability.com or call us at 1-800-842-0426 for a FREE consultation.

Do I need a lawyer for my disability claim? Many people who call us ask that very question.

At Drummond Disability, we feel that the assistance of an experienced disability lawyer is essential to fully develop most claims. We also feel that if we can get into a claim at an early stage we can prevent many mistakes that can come to haunt us later. The fact is it’s a lot easier to prevent the problem than to cure it.

The disability attorneys at Drummond Disability fully realize that most people are very reluctant to contact attorneys. The media and other sources put lawyers generally in an unfavorable light and this is resulted in people delaying representation, often until last minute which not only makes our job harder, mixed results much more doubtful.

Drummond Disability lawyers and staff help our clients with the disability process. We even can apply for Social Security disability benefits online for the client simply by them giving us a phone call.

Once a claim is filed, we consult with our clients and make sure they follow up with the appropriate medical professionals in order (1) to treat their physical or mental conditions and (2) to document how the diagnoses and treatments substantiate a totally disabling condition. This is often much easier said than done.

To assist us in presenting the best case possible for our clients, we have developed a proprietary book of forms and questionnaires that can be used by claimants and their medical providers to clearly illustrate the nature and severity of their conditions.

With over 40 years experience in handling disability claims and thousands of successful claims, our experience speaks for itself.

If you or someone you know needs help with a disability claim, contact us by calling us at 1-800-842-0426 for a free consultation or by emailing us at our website drummonddisability.com.

“I really did not want to get a lawyer involved, but……”

After practicing law in excess of 40 years, I would hate to guess how many times I’ve had clients say those words to me. Usually by the time they say them, their cases have developed major problems that are not easily fixed. This is particularly true in Illinois Workers’ Compensation claims where the injured worker has attempted to represent himself in dealing with the Workers’ Compensation insurance company.

The Illinois Workers’ Compensation act gives a worker many rights, including the right to receive temporary compensation while they are off work for a work-related injury, payment of reasonable and necessary medical bills that were incurred as a result of that work-related injury, and usually a settlement or award at the conclusion of the claim for “permanency”. Although the process seems simple, in reality it is not.

It should come as no surprise that most insurance companies view their claims policy as a mandate to pay as little as possible, as infrequently as possible. Although the state of Illinois gives an injured worker the right to pick his own physician, it also gives the employer and her insurance company the right to have the claimant examined by a company physician. This process has been abused routinely in the past, but recently the abuse has become an epidemic. Because of media and political considerations, the injured worker has become a whipping boy.

Our experience representing our Workers’ Compensation claimants in the last two years has us witnessing insurance companies immediately sending an injured worker to the company physician prior to the claimant even seeing his own specialist. Most of the time these examining physicians are in St. Louis or Chicago, and, in their reports, they usually state that the claimant was not hurt at work, that the injury he received was not caused by work, that the claimant was not injured at all, that the injury was caused by something other than work, that the injured worker may have been injured but he is now cured and does not need any further treatment, or that the claimant is lying and is not hurt at all.

It’s usually at this point that I see many of my clients. They are in a no-win situation where they have no weekly benefits, they often have no insurance to pay for medical treatment, and may have no job because they can’t perform their past one due to the injury. Usually, it does not take long for their employer to terminate their employment altogether.

The question then becomes what can a lawyer do for you to prevent this from occurring. First and foremost, we have a long conversation with our clients so that they accurately describe their accident. All too often, people don’t take much care in explaining how they were injured and insurance companies will use this immediately to denial of benefits. In a nutshell, we help our clients get their story straight right off the bat so that all the doctors know exactly the mechanism of injury and what the client was doing at the time of the injury.

After consulting with our clients about getting their story straight, we then have a serious conversation about future medical treatment and suggest various courses of action, including possible testing that might benefit the claimant or referrals to the appropriate specialist, which normally has to be done by a family physician. Since we have over four decades of experience in this area we are familiar with many of the better specialists, many of whom reside in larger metropolitan areas including St. Louis. We have seen not hundreds, but thousands of cases and we feel we have a pretty good handle on many of the doctors who consistently provide good results.

At Drummond Law (Drummond Disability), consultations are always free and there’s no obligation to retain us at all. Attorneys’ fees and Workers’ Compensation claims are set by statute at 20% of any award obtained by the attorney. If there is no award and we don’t get you any money, there is no fee.

If you have a work injury and would like to discuss your claim, just give us a call at (800) 842-0426. We also have a free Workers’ Compensation handout that you can pick up at our office if you so desire.

One of the most common complaints that the attorneys at Drummond Disability concerns clients who have significant back issues or who claim that their back pain prevents them from being substantially gainfully employed. There are many different causes for the symptoms many people have that generate their significant back issues.

The most common denominator of back complaints is simply pain and it often includes associated numbness, tingling, or a burning sensation. It is not at all unusual for a Social Security Disability (SSD) or Supplemental Security Income claimant to have symptoms that seem to travel down the outside of their leg either to the knee or to the foot. It also is not unusual for these symptoms to include numbness or burning and they often cause their leg to appear to give out or give way which can result in falls.

We have found that people a significant back complaints really fight using a cane or a crutch or other assistive devices such as walkers or motorized carts. Many of our clients would rather remain homebound then to be seen by the public as a cripple and this is an issue we have to deal with quite frequently.

When a person has medical problems originating in the back, we view our first duty to be to help our clients fully document the nature of their condition and why it causes such difficulty.

Some of the more common underlying causes of significant back complaints are degenerative disc disease, herniated discs, collapsed or fractured vertebrae, arthritis and arthritic spurring, tumors and similar abnormalities, which can cause significant symptoms to arise in the back. Most Social Security adjudicators and Administrative Law Judges for the Social Security Administration demand that there be diagnostic evidence in the file to unequivocally show a documented medical cause for particular petitioner’s back related symptoms.

What this means is we have to encourage our clients to have at the outset the proper diagnostics to correctly access the very nature of their disabling condition. The most common tests utilized in diagnosing the back are MRIs, CT scans, myelograms with or without a CT scan or MRI, EMGs and physical examinations and tests that provide an evidentiary basis supporting a condition of the likely cause for extreme enough symptoms to preclude employment.

Fortunately these days with the Affordable Care Act (often called Obama Care) being the law of the land, it is much easier for our clients to get the proper diagnosis and treatment.

As part of our job as an attorney representing the disabled claimants, the attorneys and staff at Drummond disability feel it’s our duty to help our clients find physicians and get the testing and treatment they need for their own betterment and to fully document the claims.

Disability is becoming much more difficult to get, particularly in the last three years where there has been a dramatic decrease in the approval rate of disability claims.

If you have back difficulties or any other health problem and feel that you can no longer be employed, the attorneys and staff at Drummond Disability are happy to talk to you and discuss your claim. We can assist you with the paperwork and in fact can even file your disability claim for you online, either in person or on the phone, without you even having to come to the office. If you have any questions don’t hesitate to give us a call for a free consultation at (800) 842-0426.

An important part of your Social Security disability (SSD) and supplemental security income (SSI) case is getting the proper documentation for your disabling condition. Drummond Law has the experience from handling thousands of cases to know what steps are needed and what evidence is necessary to persuade an Administrative Law Judge that you are disabled.

What documentation is necessary depends on several factors including the specific condition you are suffering from, what tests if any help document this condition, and what specialists if any exist to treat that particular issue. We have knowledge of a multitude of disabling conditions and we are able to make recommendations that ensure your disability is documented as best as it could be.

For example, if you have a spinal issue, we recommend you get treated by an orthopedic doctor, have MRIs performed to document the severity of your issue. This will ensure your spinal condition is properly documented in the way an Administrative Law Judge will want. However, if you suffer from depression or any other psychiatric condition, we recommend you treat with a psychiatrist but cannot recommend any tests as there are no such thing as MRIs for depression.

Another important aspect in documenting your condition is communicating with your doctors. We recommend you discuss all symptoms and all issues related to your condition with your doctor every time we see them. This component of a Social Security Disability and SSI case is often overlooked and can result in denials because the doctors did not properly document your condition. But if you follow our recommendations and openly discuss your conditions and how they affect you with your doctor, you not only help your disability case but will also ensure you get the best medical care possible.

If you or anyone you know has a disability that makes them unable to work, please contact Drummond Law at (800) 842-0426 for a free consultation.

It seems there is a lot of confusion among disability claimants concerning the qualifications of the people who purport to represent them in their disability claims. Sometimes it’s hard to turn on a TV without seeing someone urging Social Security Disability claimants to retain them as their representative in their disability claim. The problem that I see with these TV people is that there is no indication of the qualifications of these “representatives,” their experience, or what they bring to the table in order to assist a client. Many times these alleged “advocates” or “representatives” are not attorneys and have no legal experience outside having passed a government sponsored test.

In our practice at Drummond Disability, we come across a lot of claims that are been denied after having been represented by a variety of advocates. Some of these cases we see are pretty sad and many times the client has never even talked to their representative prior to the day of the hearing.

At Drummond Disability, we try to maintain contact with our client’s right from the beginning. Additionally, we take a number of steps to ensure your case is handled properly and the evidence is developed as needed to support a finding of disability. Some of the steps we take include: (1) Developing our own disability forms, (2) Completely reviewing the medical records when they become available, and (3) Drafting pretrial memorandums setting forth a summary of all the medical records and our theory of the claim for the judges or the adjudicators as the case may be.

Drummond Disability thinks that we owe all our clients the best job possible and as part of our representation we request our clients to call in with medical updates at least every 60 days, or more frequently, in the event they have questions.

At Drummond Disability, we can’t tell you what an advocate or representative will do for you, we can only tell you what we will do. We will do our best!

If you or someone you know needs help with their Social Security Disability (SSD) or Supplemental Security Income (SSI) case, please call us now at (800) 842-0426 for a FREE consultation.