- Meredith, 29, was shocked when she found out she was H.I.V. positive. When her T-Cell count dropped below 200 her infectious disease doctor told her she was considered to have full-blown AIDS.She began experiencing multiple health problems, including respiratory infections, weight loss and chronic fatigue. She became unable to perform her job and resigned. She put in an application for social security disability. Her claim was denied. She hired me to file an appeal of this denial.I filed the appeal and submitted all of the relevant medical evidence to the claims adjudicator assigned to her case at the Social Security Administration. The Social Security Administration then made an “on the record” decision, finding her disabled. Meredith now receives disability benefits, and Medicaid covers her medical treatment.
- Roger, 51, drove trucks for a living. Over the years he began developing pain and swelling in both of his legs. Eventually, he became unable to work as a truck driver. He applied for other jobs could not find work. Driving trucks was the only experience he had, and he found that employers were not interested in hiring someone his age with health problems. He filed for social security disability benefits and was quickly denied.Roger hired me to file an appeal called a “Request for Reconsideration.” I filed the appeal and requested complete sets of medical records from all of Roger’s healthcare providers. I submitted this medical evidence and other supporting evidence to Social Security. This appeal was denied, so I immediately filed a second appeal (a “Request for Hearing”) and represented Roger in court at a Hearing.A Medical Examiner (an orthopedic surgeon) appeared at the Hearing to provide expert testimony regarding Roger’s conditions. I asked Roger to show the doctor and the Judge his feet and ankles, which were swollen to about twice the size of normal. I also elicited testimony from Roger about how the pain and swelling in his feet, ankles and legs rendered driving a truck impossible. I cross-examined the medical examiner about Roger’s medical condition, and asked if it met a “Listing of Impairments” as recognized under the rules and regulations governing social security disability. (If someone’s condition meets certain criteria under these “listings,” a finding of disabled is required).The Medical Examiner testified that, yes, Roger’s condition “met the listing.” The Judge, therefore, ruled from the bench that Roger was disabled. SSDI benefits were awarded from the date Roger lost his job and continuing. Roger continues to treat for his edema and swelling, and this treatment is now covered by Medicare.
- Janet was slowly going blind. She had glaucoma, an eye disorder in which the optic nerves are damaged. She became unable to do her job as a waitress because she could no longer read her orders, and she was running into things and other people. She had no health insurance and could not afford the surgery that was recommended by her doctor.She applied for social security disability benefits, but was turned down. Social Security indicated that even though she had bad vision, her vision was not impaired enough to keep her from working and therefore did not qualify her for disability. She hired me to do her appeal.Social Security denied the first appeal I filed for her. I then filed another appeal called a “Request for Hearing.” A court date was scheduled and we had a Hearing.A medical expert witness testified at the Hearing that Janet’s vision was getting progressively worse and that her depth perception was already lost.I argued to the Judge that Janet was unable to do her job as a waitress, and that there were no jobs available in the economy that she could perform with her impaired vision. The Judge ruled in our favor from the bench, awarding disability. Further, Medicaid covered the cost of her glaucoma surgery.
- Sandra was 48 years old when she was diagnosed with colon cancer. She asked herself, “Am I going to beat this?” She underwent surgery to remove part of her colon and was put on a regimen of chemotherapy. The chemo left her exhausted and unable to perform her job, and she was forced to quit. Unemployed and ill, she applied for social security disability.Her claim was denied. The Social Security Administration stated in their Denial Letter that, while Sandra had been treated for cancer, that it appeared that the cancer was in remission, and that she should (in their opinion) be able to perform some kind of work. She filed an appeal, which was also denied.Sandra then hired me to file a second appeal, called a “Request for Hearing.” I did so and represented her in court at a Hearing before an Administrative Law Judge. Sandra testified at the Hearing about her ordeal, how she had lost 40 pounds in a matter of weeks before being diagnosed, and how the chemotherapy left her drained and exhausted. I argued that she was unable to perform her old job, and that there were no jobs in the economy available for her that she could physically perform with her limitations.The Judge found her disabled. Benefits were awarded from the date Sandra lost her job and continuing. In addition, Medicare now pays for her follow up treatment.
Contact Social Disability Attorney Louis B. Lusk Today:
For help with your Social Security Disability claim contact attorney Louis B. Lusk at (404) 250-7000, or simply fill out the above Free Evaluation form at the top of the page.