Florida Social Security Disability Lawyer and Attorney Blog

Favorable Decision – St. Petersburg, FL – St. Petersburg ODAR Mental Disorder and Substance Abuse Disorder

December 10th, 2012 | Categories: Long Term Disability | No Comments »

In cases where there is a mental disorder and the claimant’s substance abuse disorder is a contributing factor material to the determination of disability (20 CFR 404.1535 and 416.935), then the claim for benefits may be denied. In a recent case, alcohol use was a problem but we got our client the award of benefits, yet with an alternative payee, as she was not in any mental condition to handle her own money due to mental issues that were separate and apart of the alcoholism as mental problems prevented the performance of the claimant’s past jobs.

Social Security Ruling 85-15 states that in the world of work, losses of intellectual and emotional capacities are generally more serious when the job is complex. They may prevent an individual from transferring jobs. Our client was also had difficulty in meeting the requirements of even low stress jobs. Since our client did not have the ability to understand and carry out and remember simple instructions in a work like setting or to respond appropriately to supervisors, co-workers or to react appropriately in a work-like setting, she was found disabled, as her occupational base would have been all but completely eroded. So, despite the constant resurgence of alcohol abuse, we managed to prevail.

Favorable Decision – Zephyrhills, FL – Dade City office

December 3rd, 2012 | Categories: Long Term Disability | No Comments »

Most recently, we handled a case for our Zephyrhills clients out of our Dade City office.

Osteoarthritis, fibromyalgia and osteoporosis afflict far more women than men, but it does affect men. In cases where these diseases are present, the help of a good Rheumatologist and a family practitioner is most helpful. In this case, we had to prove an old claim, as our client had waited a long time to file. Fortunately, there had been ongoing treatment that was documented by her treating physician and that doctor helped us prove the case by relating the claimant’s present symptoms back many years to show that the claimant had been truly disabled for quite some time. Moral of the story, file early and see your doctor.

Favorable Decision – Wesley Chapel, FL – Substitution of Party after Death of Claimant

November 5th, 2012 | Categories: Disability | No Comments »

We received a Fully Favorable decision for one of our Wesley Chapel clients. The client died while the request for hearing was pending. The case involved a car accident after which our client had not worked. The medical evidence showed that the claimant had back surgery and a bad result. There had been almost no follow-up care for four years prior to death.

The case was dismissed because a substitute party could not be found in a timely manner. The law allows survivors, like wives and children to proceed with a claim. Fortunately, we located the claimant’s estranged wife and she retained us as her attorney. We then appealed the Dismissal to the Appeals Council and had the case remanded for a hearing before an ALJ after the Appeals Council vacated the Dismissal. The case was heard and the case decided on the medical records we were able to obtain prior to the claimant’s death and a full award was made up through the time of death. The claimant’s widow was also eligible for survivor’s benefits as were his minor children.

The lesson learned here is to never give up the search. In this case we had to hire someone to locate the claimant’s family. They did not keep in touch. Additionally, since the claimant had died early on in our representation, we had no chance to send our client out to a treating physician who could decide what our client’s residual functional capacity was. We had the fortune to draw a very experienced and astute ALJ who found from the survivor’s testimony, that the lifestyle the claimant was able to lead after his back surgery was so limited that based on the surgeries and anatomical findings, it was reasonable to believe that the claimant would not have been able to engage in a full range of competitive employment even at the sedentary level and awarded the benefits.

Favorable Decision – Tampa – Tampa ODAR – Return to Work

October 30th, 2012 | Categories: SSD | No Comments »

We recently had a case come out of our Tampa office. In this case, our client had gone back to work. We had the ALJ award benefits none the less.

Going back to work can terminate a claimant’s right to obtain SSDI or SSI benefits. In these cases, if the earnings remain substantial, over $1,000.00 for over seven months, this may be a successful return to substantial gainful employment. Otherwise, it may be a trial work period if it lasts seven consecutive months or more. Sometimes, people get well and they go on to work a full life. So, just because one goes back to work, does not mean that a claimant should withdraw his or her claim. In these sorts of cases, so long as the claimant’s disease or injury prevents work for twelve consecutive months or more, his or her attorney can ask for a “Closed Period of Benefits”. This way, the claimant can get the benefits he paid into and deserves and can go back to work.

Favorable Decision – Rheumatoid Arthritis – Crystal River – Ocala ODAR

October 22nd, 2012 | Categories: Disability, Long Term Disability | No Comments »

We recently had a favorable decision for one of our Crystal River clients. We serve our Crystal River clients, Citrus County and Hernando County Clients from our Hudson, Florida office. Often our clients will prefer to meet us at our Inverness office as well. Crystal River cases are heard in both Ocala and in Orlando.

Disability is defined as an inability to engage in any substantial gainful employment by reason of a medically determined physical or mental impairment. Rheumatoid arthritis, hypertension and seizures are all severe conditions. Many people with Rheumatiod arthritis (RA) don’t even know they have it. They just have severe pain. A Rheumatologist is most helpful, but even tests will not come back as positive unless the RA is acting up and symptomatic when the blood tests are done. Generally, even with these impairments, any claimant who can work an eight-hour day five days a week and be absent fewer than twice a month is not disabled. However, when a claimant is prevented from performing any past relevant work due to these conditions and can only do sedentary work but does not have job skills that transfer to other occupations within a sedentary physical capacity, at age 55 or over such a claimant is disabled for purposes of SSDI/SSI.

Favorable Decision – Sarasota, FL – St. Petersburg ODAR

October 16th, 2012 | Categories: Disability, Long Term Disability | No Comments »

We maintain an office in Sarasota to accommodate our Sarasota and Bradenton clients. In a recent case out of our Sarasota office, we obtained a fully favorable decision in the St. Petersburg ODAR.

When people can do only sedentary work and they have problems focusing and concentrating, they cannot work competitively in the national economy doing jobs that are “sedentary” because these jobs require far more concentration than other more strenuous work. In these sorts of cases, a claimant just testifying that she cannot think or concentrate is just not enough. That testimony must be coupled with evidence of debilitating pain or psychiatric difficulty or evidence of the effects of prescription medication that prevents an individual from doing even simple one or two step repetitive tasks in a competitive job, for more that one third of an eight hour day. Some experts will testify that an impairment that keeps a claimant off task for one and a half hours of each eight hours of work, whether it be from pain, psychiatric problems or medication effects and side effects will be enough so that a claimant’s work ability would not be competitive. Additionally, if a client’s physical or mental impairments prevented her from meeting the productivity and attendance demands of full-time work on a regular or sustained basis, that claimant would be disabled.

Favorable Decision – Polk County

October 8th, 2012 | Categories: SSD | No Comments »

We often get clients in from Sun City Center and Valrico into our Tampa office with their SSDI cases.

Hillsborough, Manatee and Polk County, Florida is serviced by our main office in Tampa. Our Tampa office is located at 15501 North Florida Ave. (US 41). It is a red brick building with a low white metal roof and a courtyard out front. Parking is in the rear, with handicapped parking out front. It is located on Florida Avenue, (US 41) just one half mile north of Bearss. Due to its proximity to the Interstate I-275 and being right on US-41, our clients from Hillsborough county find us very convenient, as do our clients from south and central Pasco County and Polk, Hernando, Sumter and Citrus county as well. Our office hours there are from 8:30 A.M to 5:00 P.M. At one time or another your case will be handled in Tampa, as this is where our main file assembly takes place and to where all your medical records will be delivered. Mike’s main office is there, and Carol Wilson is there too, but she additionally keeps office hours in our St. Petersburg office to service our clients from Pinellas, Sarasota, Manatee and parts of Pasco county there.

In one of our recent cases, we received a Fully Favorable decision we represented a client from Polk County. In many cases clients are asked by the SSA when did they become disabled? The date they record can be problematic. If the claimant puts down a date before they really stopped working full time, then this will cause problems later in the case. Claimants should really think about this date as if it is any time before they stopped work, their case may not be decided administratively, but judicially many months or years later. Remember, the SSA can only go back one year prior to the date of application for SSDI benefits to pay a claimant, and that includes a five month “no pay” period. Ideally, the date of onset of disability should be eighteen months prior to the application date and within the period of time in which the claimant was last insured for SSDI benefits. For SSI cases, the SSA does not award benefits prior to the date of application.

In the present case, we were able to prove the case back to an onset of disability that was over five years back because the claimant had some severe conditions that were present quite a number of years ago and the claimant had treated regularly with physicians until the date of hearing. Objective testing helped prove the case. But people can be stoic and ignorant of the fact that they may be eligible for SSDI, as may have been the case here. So, the word to the wise is DONT WAIT! The longer you wait to file, the fewer benefits there will be for you. That is just the way the system works. You may also want to hire an attorney and file your claim through the attorney’s office so that the dates and information are correct from the start of your claim.

Favorable Decision – Tampa, FL – Tampa ODAR

September 25th, 2012 | Categories: General | No Comments »

We most recently had a Fully Favorable decision for one of our Tampa clients out of the Tampa ODAR. The case involved a psychiatric claim. Psychiatric claims can be very challenging especially when a client has been treating for his or her mental illness through state sponsored or county or city resources. These resources are very limited and patients often do not get to see actual “Psychiatrists” but instead, nurse practitioners. The only time patients are likely to see a Psychiatrist is when they are in extremis and are “Baker Acted” and either voluntarily or involuntarily confined. The result is usually a critically low GAF score. Crisis stabilization can be a very import piece of the psychiatric puzzle. If the crisis was set on by use of drugs or alcohol, the claimant may be in jeopardy of losing or not obtaining his or her benefits.

In this case, we recognized that there were no ongoing treatment records from a physician. Ordinarily, this would make a case difficult, if not impossible to prove. So, as we are allowed to do, and as the SSA must do, we asked that after the hearing that our client to be sent out for a consultative psychiatric evaluation inclusive of an IQ test. The ALJ wisely complied and the test results and evaluation all came back in a manner most favorable to our client. We got her, her benefits even though she was young and physically able to do medium capacity work.

Favorable Decision – Plant City, FL – Tampa ODAR

September 17th, 2012 | Categories: Disability, Veteran | No Comments »

We recently received a Fully Favorable decision for one of our Plant City, Florida clients out of the Tampa ODAR.

The issue involved a younger individual with Degenerative disc disease in the upper and lower spine that produced radiculopathy there was also dominant arm pain with carpal tunnel symptoms. This client was also one of our Wounded Warrior Vets.

Normally, for individuals, there are sufficient jobs in the national economy so that even with these disabilities, the claimant is not disabled. Believe it or not, there are jobs like surveillance system monitor, gate guard, gate checker, parking lot attendant and garment or fruit sorter and amusement ride attendant that people can do even with their ability to sit and stand impaired. However, at age 55 the game changes, so that even people with high school diplomas who have not engaged in employment that would readily allow them to be retrained must be found disabled if the person cannot perform past relevant work. Because this was the case, a finding of “disabled” was directed by a Medical-Vocational Rule.

Favorable Decision – Post Traumatic Stress Disorder – Tampa ODAR

September 12th, 2012 | Categories: Long Term Disability, Veteran | No Comments »

We recently won a PTSD case for a Social Security and VA disability client of ours. The one I am posting involved the Tampa ODAR. And involved a Pasco County client of ours.

Pasco County, Florida is serviced by our main office in Tampa. Our Tampa office is located at 15501 North Florida Ave. (US 41). It is a red brick building with a low white metal roof and a courtyard out front. Parking is in the rear, with handicapped parking out front. It is located on Florida Avenue, (US 41) just one half mile north of Bearss. Due to its proximity to the Interstate I-275 and being right on US-41, our clients from Hillsborough county find us very convenient, as do our clients from south and central Pasco County and Polk, Hernando, Sumter and Citrus county as well. Our office hours there are from 8:30 A.M to 5:00 P.M. At one time or another your case will be handled in Tampa, as this is where our main file assembly takes place and to where all your medical records will be delivered. Mike’s main office is there, and Carol Wilson is there too, but she additionally keeps office hours in our St. Petersburg office to service our clients from Pinellas, Sarasota, Manatee and parts of Pasco county there.

This case was severe enough to have met a medical listing and a vocational analysis was unnecessary

Psychiatric disability cases are very difficult to prove unless one has been treating with a psychiatrist. Most of the younger clients we have cannot afford proper mental health care. This is especially true in the more rural areas in which our clients live. There are portions of Polk County, Marion, Citrus, Sumter and Pasco counties which are underserved by our psychiatric community. This is not the doctor’s fault, as the Veterans’ Administration has aggressively hired many of the physicians who had been in private practice away into the VA. This is a good thing as our Veteran clients and those suffering from PTSD need it. The down side to this is that the county mental health facilities are understaffed and overburdened. Nurse practitioners now fill the shoes that used to be filled by Psychologists and Psychiatrists. The SSA does not give great weight to the opinions of licensed social workers or psychiatric nurse practitioners. Moreover, the Social security Administration will have your file sent out early on to their own “experts” who will down play your symptoms and treatment and render an opinion that a claimant can do simple repetitive work on a full time basis thereby allowing the SSA to deny your claim. This is why it is so important to have a regular treating psychiatrist on board in your case. If there would be any time to borrow from family to pay for the treatment by a psychiatrist, it would be before, during and after the filing of a Social Security Disability claim. Fortunately, in this case, psychiatric care was obtained after we were retained and the treating psychiatrist completed a Psychiatric Residual Functional capacity form for our client. It was not great trial skill that won here, just great case preparation and assistance. The presence of an RFC in the case, conscientiously filled out and completed by our client’s physician was invaluable.

PTSD cases involve a myriad of symptoms. They are dangerous to the claimant and to the claimant’s family if left untreated. If they are untreated, the cases are virtually impossible to prove. That is why treatment is not an option. It is mandatory. In many cases PTSD is combat created. It can be chronic and severe at times. It can be mixed with a number of other psychiatric illnesses, like depression, bipolar disorder, borderline personality disorder, personality disorder with antisocial behavior, to name but a few. It is also diagnosed with drug and alcohol abuse that were just as much as a symptom as a cause for exacerbation. So, see your psychiatrist and stay off alcohol and street drugs, if you want to have a shot at getting your SSDI or VA benefits. PTSD even affects those who did not see combat or the gore of combat back in the hospitals and the morgues. War hurts us all. Even those who were in uniform and held behind suffer “soldier’s remorse’, similar to the “Why didn’t God take me?” or “It should have been me who died, not my closest friend, or son, or daughter”. Civilians get PTSD too, from accidents, deaths of loved ones….”Why couldn’t I have stopped this from happening”. It is all PTSD. It is all treatable. Do not suffer.

Luckily in this case, our client’s treating physician at the VA, helped a lot by completing the forms we sent to the client and the doctor along with a VA directive, which in short tells the physician, he can get in trouble if he does not help the Vet fill out the forms. In this case, the completed form made the case a much easier one for us to prove.

These Residual Functional Capacity Questionnaire (RFC) forms, both physical, mental and other specialty forms are available to everybody free of charge on our website and are most helpful in litigating a Social Security Disability case when our client has a regular or treating physician. We use them in virtually every case we can, whether it be it Tampa venue, or Orlando, Clearwater, Ocala, Ft. Myers or St. Petersburg. We use them in our Jacksonville cases as well and in cases we try throughout the country as our clients being Floridians mostly, become very mobile as housing and access to medical care change and cause them to have to move. We do not abandon our clients or their cases just because they are forced to migrate to other areas of the country. In the past year we have tried cases as far south as Ponce, Puerto Rico and as far north as Bangor, Maine and Spokane, Washington and as far west as Phoenix, Arizona, just because our clients had to move.