Posted by Louis B. Lusk
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.