ABSENTEEISM AND SOCIAL SECURITY DISABILITY

In addition to causing restrictions that may make it impossible to continue working, some people’s disabilities require them to treat our very frequent basis or cause symptoms that make it physically impossible for them to go to work five days a week on a continuous basis.

In determining whether you are disabled, administrative law judges that decides Social Security Disability (SSD) and Supplemental Security Income (SSI) cases will often rely on testimony from a vocational expert. These vocational experts are people who have knowledge about the jobs that exist in the region and know what restrictions will or will not be accommodated at any particular job. One accommodation that frequently comes up in so security hearings is absenteeism from work caused by medical conditions.

According to most vocational experts, employers will only allow employees to miss one to 1.5 days of work per month on a regular basis before they are fired. This means that if your conditions were required to treat on such a frequent basis or would cause symptoms that would cause you to miss two or more days per month from work on a regular basis then you could potentially qualify for disability.

Drummond Law has developed forms which discuss absenteeism that we frequently send to our clients’ doctors. In addition, we know how to develop the evidence to prove that your conditions are cause absenteeism that would prevent you from maintaining employment.

If you or someone you know is unable to work due to disabling conditions, contact us now for a free consultation at (800) 842 – 0426.

PSYCHIATRIC CLAIMS BASED ON THE CLAIMANT’S DEPENDENCY ON OTHERS AND NEED FOR HIGHLY SUPPORTIVE LIVING ARRANGEMENTS FOR SOCIAL SECURITY DISABILITY

Through the nearly 40 years I have handled Social Security Disability cases, I have seen a lot of claims. A great many of these claims have involved some type of mental disease or defect, which can come in many forms. One of the most common forms of mental illness from a disability perspective and is often overlooked are those people who are totally dependent upon others for their day-to-day care and functioning, both physically and financially. There can be many different reasons for this dependency.

Some people have an organic mental disorder that they have suffered from since birth or that originates from some trauma in life which has caused a physical dysfunction of their brain making it impossible to function independently. There also are people who suffer from mental issues or have been victims of abuse or neglect that develop schizophrenic, paranoid, or psychotic symptoms that necessitate a responsible adult tending to their day-to-day wants and needs.

There are many other people who also fit the dependency category who don’t fit into a “Social Security Listing of Impairment.” The single most common characteristics of people we work with who need continued support from adult family members or other sources are people who are socially immature, have lower intellectual functioning, and make child-like impulsive decisions that cause harm to themselves or their finances.

Social Security regulations concerning mental illness do touch on this problem and, generally speaking, if a person has a history of one or more years of the inability to function outside a highly supported living arrangement and have a continued necessity for this support and treatment should be considered for disability according to the “Listing of Impairments” that form a part of the Social Security Disability process.

If a person has additional incapacity to perform tasks of daily living such as toileting, eating, dressing or bathing, they can be considered disabled if these are properly documented. If there is a marked impairment in performing activities of daily living, the person can be considered disabled.

People who have a disability requiring supervision of a responsible adult at all times can qualify for both SSI (Supplemental Security Income) or SSD (Social Security Disability) depending on the facts of each individual claim.

There is not a hard and fast rule as to what makes a good case for a dependency disability and that is why our staff is trained on what symptoms and conditions could cause a dependency disability and know what evidence is needed to document the nature and extent of this type of disability to the fullest prior to having a disability determination from the Social Security Administration or an Administrative Law Judge.

If you or someone you know suffers from a mental or psychiatric disorder that requires them to rely on others for their day to day care, please contact us at (800) 842-0426 for a free Social Security Disability Evaluation.

OSTEOARTHRITIS AND SOCIAL SECURITY DISABILITY

A lot of people who apply for Social Security Disability (SSD) and Supplemental Security Income (SSI) claim to be disabled due to musculoskeletal issues. One of the most common musculoskeletal disorders that can cause disability is osteoarthritis, which also happens to be the most common type of arthritis. Osteoarthritis is also known as degenerative arthritis or degenerative disk disease.

Osteoarthritis occurs when the cartilage on the ends of bones that cushions them and serves as protection breaks down over time. When the cartilage wears down, it causes the bones to rub against each other and causes stiffness, pain, and loss of joint movement. Osteoarthritis can damage any joint in the body but the most common areas affected by osteoarthritis include the spin, hips, and knees.

Osteoarthritis is progressive and usually begins as stiffness or soreness in joints after inactivity or overuse and gradually gets worse. Once it becomes severe, osteoarthritis can make it difficult or impossible for you to do simple things such as walking, sleeping, and performing other daily activities.

Osteoarthritis can qualify you for Social Security Disability if it results in the major dysfunction of a joint. Drummond Law has developed forms that we have our clients’ doctors complete that help prove their osteoarthritis is disabling and results in the major dysfunction of a joint and these forms match the language used by the Social Security Administration to determine if you are disabled.

Even if your osteoarthritis does not result in major dysfunction of a joint, it can still qualify you for Social Security Disability if it causes you to miss work so much that you are unable to maintain employment. Drummond Law has also developed an absenteeism form that helps our clients’ doctors document this and can serve as vital evidence to prove you are disabled.

Drummond Law has helped many people get Social Security Disability and Supplemental Security Income due to osteoarthritis and knows what it takes to develop a claim and get the necessary evidence to win.

If you or someone you know suffers from osteoarthritis and wants help with a SSD or SSI claim, call us now at (800) 842-0426.

If you would like to learn more about osteoarthritis, some helpful links about osteoarthritis include:

http://www.arthritis.org/arthritis-facts/disease-center/osteoarthritis.php

http://www.ssa.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm#1_02

http://www.mayoclinic.org/diseases-conditions/osteoarthritis/basics/definition/con-20014749

http://www.webmd.com/osteoarthritis/

LUPUS AND SOCIAL SECURITY DISABILITY

Lupus, or as doctors refer to it systemic lupus erythematosus (SLE), is a chronic inflammatory disease that causes your immune system to attack your own tissues and organs. The inflammation lupus causes can affect numerous body systems including your joints, skin, kidneys, heart and lungs, and brain. Lupus also can cause severe fatigue, fever, discomfort, and involuntary weight loss. The cause of lupus is unknown but research has suggested genetics play a role along with other factors.

Depending on how much lupus interferes with your activities of daily living, lupus may also qualify you for Social Security Disability (SSD) or Supplemental Security Income (SSI).

Lupus is often misdiagnosed by doctors as fibromyalgia, multiple sclerosis, rheumatoid arthritis or some similar disorders because lupus often mimics the symptoms of those ailments. But here at Drummond Law we are familiar with the tests that can help diagnose such as antinuclear antibody test, urinalysis, and kidney and liver assessments.

Lupus also can flare up and worsen at times or go into remission where it is not as bad which makes it harder to prove to be disabling. We are familiar with the up and down nature of lupus which can require absenteeism from work too frequently to maintain a job. We know how to develop a claim to prove this.

Drummond Law has developed a form specifically for lupus which helps us prove your lupus is disabling which we send these to your doctors so that we can get the evidence that is needed to get you money.

If you or someone you know is suffering from lupus, please contact Drummond Law today at (800) 842-0426. We have helped numerous clients with lupus obtain SSD and SSI benefits and we can help you too.

Some helpful links about lupus include:

http://www.ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm#14_02

http://www.lupus.org/answers/entry/what-is-lupus

http://www.medicalnewstoday.com/info/lupus/

http://www.mayoclinic.org/diseases-conditions/lupus/basics/definition/con-20019676

 

ASTHMA AND SOCIAL SECURITY DISABILITY

A lot of people apply for disability due to asthma. The problem with many of the claims is that the severity of the asthma is not documented very well. One way to document the severity of asthma is to show it causes severe episodes that require you to go to the doctor or to the hospital.

Doctors can also perform breathing tests such as a Pulmonary Function Tests or Blood Gas Tests to show how your asthma affects your lungs and breathing ability. However, these tests do not always help to show the severity because asthma does not always affect the lungs but rather affects the bronchial tubes.

The main reason asthma can be disabling is because employers do not want to keep workers who can suffer an attack at any time and do not keep workers who have to miss time at work due to asthma attacks.

At Drummond Law, we know how to properly document asthma and its severity and know how to develop the evidence to help win a disability case for asthma.

For nearly 40 years, Drummond Law has been helping people with asthma win disability claims. If you need help with your claim, call (800) 842-0426 for a free consultation.

Some helpful links on asthma include:

http://www.mayoclinic.org/diseases-conditions/asthma/basics/definition/con-20026992

http://www.webmd.com/asthma/

http://www.nhlbi.nih.gov/health/health-topics/topics/asthma/

http://www.ssa.gov/disability/professionals/bluebook/3.00-Respiratory-Adult.htm#3_03

IN-PERSON HEARINGS

Lately we have been requesting that all our hearings before administrative law  judges be in “person hearings.” Previously many of our hearings were on a large video screen screen by judges who were sitting in distant locations. By requesting “in person hearings” we feel that we are giving our clients a much better chance of winning their claims since the judges will be able to observe their demeanor close-up and be able to watch their reactions without having them being muted by the video cameras.

“Slipped Discs” (SlippedDisks) and Social Security Disability

Many of the clients that come to see us for help in their disability claims tell us they have a slipped disc in their back. It seems that a lot of people have the wrong idea about what is really wrong with their back.

The fact is, a disc cannot slip. The disc is not like a “tiddly winks” that sits between the vertebrae that can slip out. A vertebral disc is much more like a jelly donut and is soft. The outer surface of the disc is called the annulus and acts as a type of skin to hold in the soft disc material that forms the core. Sometimes the discs can be irritated or attack can occur an annulus allowing this material to escape.

Usually when disc material has escaped it compresses against the spinal cord or the nerve roots exiting the spine causing significant pain. This disc material is normally referred to as a herniated or ruptured disc.

When a herniated or ruptured disc pushes against a no-brainer such as one going down, a pain is usually felt in the leg and possibly all the way to the feet, usually on the outside portion of the leg. The vast majority of symptomatic herniated or ruptured discs are usually treated with surgery, the most common of which are laminectomies, fusions and disc replacements.

Back pain symptomologies that are generated by strains and sprains can often mimic some of the complaints actually caused by injuries to the discs themselves. If the actual discs have not been damaged relief can often be obtained through physical therapy and medication.

When you have clients visit for disability claims based in whole or in part on issues with their spine, the first-order of business is to make sure that they have had the proper diagnostic procedures performed in order to pinpoint the exact nature and extent of their problems. At Drummond Disability, we promote and assist in the claimant’s securing appropriate medical testing for the extent and nature of their disability so that it can be clearly presented to the Adjudicator or the Administrative Law Judge who determines their claim.

Helpful Links:

http://www.knowyourback.org/Pages/SpinalConditions/Default.aspx

http://my.clevelandclinic.org/disorders/herniated_disc/hic_herniated_disc.aspx

http://www.mayoclinic.org/diseases-conditions/herniated-disk/expert-answers/bulging-disk/faq-20058428

http://www.medtronic.com/patients/cervical-herniated-discs/index.htm

http://www.spine-health.com/conditions/herniated-disc/whats-a-herniated-disc-pinched-nerve-bulging-disc

ODAR JUDGES

If a person files an application for disability benefits, the Social Security Administration usually has a three-step process to determine whether the claimant is disabled. The first step is called an Initial Application and if the claim is denied at that level a claimant can request a Reconsideration. These are both Administrative in nature and there are no live hearings.

In the event a claimant is denied benefits at the Reconsideration stage an appeal can be made to what is known as the “ODAR” office which is an acronym for the “Office of Disability Adjudication and Review”.

The various ODAR offices are strategically situated in series across the United States and information concerning the ODAR offices in general or specific ODAR offices can be obtained by going online and “Googling” them.

One of the most helpful sites for a claimant is www.disability judges.com which contains specific information not only about the offices in general, but also concerning the percentage of cases allowed, average wait time and other issues and provide specific statistics on individual judges including their allowance rates.

At Drummonddisability.com, attorneys evaluate information available from all sources in developing the strategy best suited to the facts of any individual claim.

Helpful Links:

www.disabilityjudges.com

www.ssa.gov/appeals/ho_locator.html#vt=6

Spinal Stenosis and Social Security Disability

Spinal stenosis is simply a fancy medical term for the narrowing or pinching of the open space in your spinal canal. It is most frequently used in conjunction with a diagnosis made by a physician or radiologist viewing an MRI or CT scan of the spine. The term “spinal stenosis” does not denote any particular disease process, congenital condition or injury, only the impact the abnormality has on the spinal cord or exiting nerve roots.

The reason that “spinal stenosis” is important in the medical field is that the narrowing (if sufficiently severe)  can pinch or flatten the adjoining tissues, spinal cord or nerve roots to the point that they cause significant symptoms and pain.

If the impact of spinal stenosis is not treated effectively by conservative measures, the most common surgical treatment is called a laminectomy. In a laminectomy, a portion of the lamina and possibly a portion of the spinous process, which are both part of a human vertebra, are removed.

By performing a laminectomy, the surgeon tries to make the opening through which the nerve root exits larger so that it is no longer compressed.

Obviously, spinal stenosis can also be caused by injury or trauma, by degenerative changes, swelling of the discs on to exiting nerve roots, by disc herniations or other abnormalities.

In representing claimants who have “spinal stenosis” in a Social Security Disability claim, it is important to give a medical explanation for subjective pain complaints of the applicants. For this reason, aside from the obvious medical necessity for treatment, the existence of good MRIs, CAT scans, or myelograms go a long way in providing not only effective medical treatment but proving that the individual seeking disability has a valid reason for disabling pain complaints.

Helpful Links:

http://www.mayoclinic.org/diseases-conditions/spinal-stenosis/basics/definition/con-20036105

http://www.mayoclinic.org/tests-procedures/laminectomy/basics/definition/prc-20009521

http://www.niams.nih.gov/Health_Info/Spinal_Stenosis/

http://www.spine-health.com/conditions/spinal-stenosis/what-spinal-stenosis

 

Disc Replacement Surgery and Social Security Disability

The new kid on the block for back surgery is the artificial disc.  Many physicians currently use disc replacement surgery in an attempt to cure spinal problems.  Most commonly, disc replacements are used in the lumbar and cervical spine.

The use of disc replacement surgery in the cervical spine is rather new but lumbar surgeries are quite common. Normally, disc replacements are used in an appropriate case instead of a spinal fusion which has long been the “gold standard” for severe back difficulties.

Artificial disc designs are often in two types.  The first type is the replacement of the inner soft core of the disc which, for analogy purposes, would be like inserting a new tube in a bicycle tire. In this case, the Doctor removes the original material and replaces it with an implant. The outer covering of the disc called the annulus fibrosus  is not removed.

The second type of artificial discs are made of metal, plastic or a combination of both. The concept behind this particular device is that of installing a flexible mechanism that duplicates the function of the original disk and maintains flexibility. The ends usually attach to the bony vertebrae above and below the disc replacement, very similar to a door hinge.

Disc replacements are not for everybody and a lot of factors can go into determination whether a disc replacement should be used or even if surgery should occur at all. Some of the conditions that can contraindicate the use of disc replacements are spondylolisthesis, osteoporosis, severe degenerative disc disease, arthritic spurring, collateral medical issues such as cardiac complications, diabetes and a host of other problems that are best discussed in consultation with  your doctor.

When we represent claimants whose disabilities include a component of back or neck difficulties, we feel it is necessary to develop a medical explanation for the Adjudicator or the Administrative Law Judge to illustrate exactly why the surgeries performed did not fix the problem. We make every attempt to understand the exact surgical procedures involved which puts the staff at Drummond Disability in a unique position to assist our clients.

Helpful Links:

http://www.knowyourback.org/Pages/Treatments/SurgicalOptions/ArtificialDiscReplacement.aspx

http://www.spine-health.com/treatment/artificial-disc-replacement

http://orthoinfo.aaos.org/topic.cfm?topic=A00502

http://www.cedars-sinai.edu/Patients/Programs-and-Services/Spine-Center/Conditions-and-Treatments/Treatments/Surgical-Treatments/Artificial-Disc-Replacement.aspx

http://www.medtronic.com/patients/cervical-herniated-discs/device/benefits-and-risks/