Disability Law Claims Blog

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Presidential candidates propose changes to the Social Security system...

With only months to go until the general election and with the economy in turmoil, both candidates are pushing hard to show that their plans are better suited to fix the economy.  Though the economy is a real concern, those who are disabled and receive Medicaid, Medicare or Social Security disability benefits want to be reassured that they will continue to get the help they need.

Obama plans to lift the cap on the amount at which Social Security taxes are paid.  Currently, only the first $102,000 of income is taxed for Social Security.  Any amount above this is untaxed.  Obama would do away with the cap.  By doing this, he would be placing a Social Security and Medicare tax on 100 percent of salaries. 

McCain has said he would consider lifting the tax cap.  However, his main reform would be to make personal savings accounts for retirement available as up to 20 percent of the current Social Security program.

I am skeptical that either candidate will bring real change to the social security system.  Waits for help are long and most applicants wait years to receive the Social Security disability benefits they need.  Neither candidate is proposing the wide sweeping changes needed to expedite the dispersal of benefits to disabled Americans.

Fighting an uphill battle for Social Security Disability benefits...

Are the good intentions of the Social Security program still at the agency's heart? The honest people waiting in line for disability benefits may answer with a stern no. With wait times on the rise (2 3/4 years at worst and 2 1/2 years at best) and denials a common occurrence (2 out of 5 claims are denied at the hearing level), disabled individuals quickly learn that the odds are firmly stacked against them.

But what exactly is causing this unacceptable delay and what is the agency doing to remedy the situation? The process is slow for a reason, said Bill Choisser, a doctor who has been doing medical evaluations for the disability program and claimant attorneys for 20 years. "The system is designed to be very careful before persons are considered disabled because, of course, they don't want people to be collecting who don't meet the criteria," Choisser said.  And, while we can appreciate the Social Security's selective criteria, the Law Offices of LaVan & Neidenberg find that because humans are making the determination of an individual's eligibility, the system is inconsistent at best. 

Calling it a "moral imperative" and the agency's "highest priority" in federal documents, Social Security has launched an ambitious campaign to whittle the backlog to 466,000 from 760,000 by 2013 and reduce the typical wait time to get a hearing in half, to 270 days.  The overhaul includes hiring nearly 200 new administrative law judges nationwide, using a computer program to quickly decide clear-cut cases, increasing the use of video hearings, and moving from paper to electronic records.

But will these changes be on time for the thousands of claimants suffering from an illness and the demands of their financial responsibilities? 

The Law Offices of LaVan & Neidenberg has served thousands of claimants over the years, and we recognize and understand the stress and frustration that you may feel trying to battle the system alone.  Don’t spend another day worrying about how you will pay your medical bills and support your family. Don’t continue to think that you are not entitled to disability benefits because your application has been denied. Call us today for FREE evaluation of your case - 1-888-234-5758.

Certain veterans are eligible to receive extra work credits from Social Security...

Do you have enough "work credits" to qualify for Social Security Disability Insurance Benefits?

Will you be eligible to receive Social Security Survivors' Benefits should your disabled loved one pass away?

Receive a FREE Report from the Law Offices LaVan & Neidenberg!

Filing a VA disability compensation claim before being discharged?? Tell me more, tell me more...

Incarcerated veterans: how your VA disability benefits are affected.

Women Veterans receive additional gender-specific VA benefits...

The VA offers female veterans services above those available to their male counterparts such as;

• Preventive health care counseling
• Contraceptive services
• Breast examinations
• Pelvic examinations and other reproductive health care services
• Menopause management
• Pap smears
• Mammography

 *Referrals will be written for services that the VA is unable to provide.

 There are female program managers available at all VA facilities that will work with women veterans seeking treatment and benefits in a private setting.

There's hope for homeless veterans - if eligible, you may qualify for a wide-range of benefits.

The Law Offices of LaVan & Neidenberg can help disabled homeless veterans living in the greater Miami and Fort Lauderdale area, Pompano Beach, Pembroke Park, and many other cities in South Florida find free and affordable healthcare. Contact our firm today at 1-888-234-5758.

For more information about the VA benefits available to eligible homeless veterans, click here.

Bus Collision Kills 2 In Orlando

Flordia Tops List of Accident Prone States

Florida has been in the news recently over their high accident rates.  According to Forbes.com, Florida, in particular Daytona Beach, Fort Lauderdale and West Palm Beach, has particularly high rates of deadly accidents.  Topping Florida's accident-prone list were drowning, slip and falls and fire related deaths.  

Even those who do not die after an accident have the potential to become injured, possibly permanently.  Some of the more serious injuries associated with the above accidents include: lung damage, brain damage, burns, and spinal cord injuries.

If after an accident you are injured enough to be considered disabled, you may have a long road ahead of you.  From struggling with the limitations of a disability to filing the paperwork necessary to get disability benefits, there is no doubt that an accident can alter your life forever.

If you need any help in getting social security disability or long-term disability benefits you deserve, please call LaVan and Neidenberg toll-free at 1-(888)-234-5758 or fill out our contact form. 

Stents - how effective are they at increasing your stint of life?

My father-in-law has two, my mother-in-law has one, and my aunt recently had one inserted into one of her arteries. Stents seem to be the device of choice for doctors who treat heart patients, but do the benefits outweigh the hassles of this invasive procedure?

A new study suggests that the added costs of stents combined with drugs come without any significant gains in life-years or quality-adjusted life-years in comparison with the use of drugs alone.

So what does this study tell us? If you read between the lines, it tells us that the market for medical devices and prescription drugs is huge. In my opinion, it is all about the money - it always has been. The pharmaceutical companies are grossly wealthy. 

We, as individuals, should release ourselves from the pharmaceutical companies' ties and decide to take a holistic approach to our health. What ever happened to the notion of a establishing and living by a healthy diet and exercise? I'm not talking about diving into a drastic regimen from the start, but rather making moderate changes to improve your overall well-being. It's the little things that can make a world of difference. I know that this requires tremendous commitment and that it's not easy, but it is certainly possible. 

To read more about this study, click here.

Strong-armed by an insurance giant - Unum's alleged tactic to evade paying out LTD claims

Social Security Disability Case 4: Developmentally Disabled Individual also Suffering from Cardiomyopathy, Congestive Heart Failure, and Ischemia

Administrative Law Judge: Ruben Rivera Jr.
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida

In the posted decision by Judge Rivera, the claimant submitted evidence of multiple medical imaging studies of his heart and cardiac conditions.  The claimant had a specialist, a cardiologist, who documented the claimant's diagnoses and severe symptoms on a monthly basis.  Having a doctor who treats and specializes in your particular impairment will allow for a more detailed presentation of medical evidence to the ALJ.  If you have strong, detailed treatment notes from a specialist, the ALJ will find it more difficult to dispute or deny this first hand evidence.  The cardiologist completed an electrocardiogram, commonly known as an EKG, which documented the claimant's extremely low ejection fractions, cardiac arrhythmias, and cardiac ischemia.  This medical data is excellent evidence for building a strong disability claim based on a cardiac dysfunction.

To read the judge's full decision, click here.

*The Law Office of LaVan & Neidenberg helped this claimant secure his Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.  

Social Security Disability Case 1: Burn Victim also Suffering from Post Traumatic Stress Disorder (PTSD) and Depression

Administrative Law Judge: Dean W. Determan
Office of Disability Adjudication & Review (ODAR): Ft. Lauderdale, Broward County, Florida & Palm Beach County, Florida

In point (1) of the Judge's decision, the Judge addresses SGA or substantial gainful activity.  The claimant was NOT engaged in SGA, or an allowable amount of monthly earnings, designated by the Social Security Administration.  If the claimant had made SGA, the claimant would not have been eligible for Social Security disability and therefore denied at the hearing.  The SGA is adjusted each year to reflect increases in the cost of living in your area.

To read the judge's full decision, click here.

*The Law Office of LaVan & Neidenberg helped this claimant secure his Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve. 

Social Security Case 10: Epilepsy Patient also Suffering from Organic Neurological Psychological Impairment, Depression, and Substance Abuse

Social Security Disability Case 10: Epilepsy Patient also Suffering from Organic Neurological Psychological Impairment, Depression, and Substance Abuse

Social Security Disability Case 11: Herniated Disc Disease, Lumbar Spine, Central Spinal Stenosis, Impingement Dural Sac, Encroachment Neural Foramina

Administrative Law Judge: Jeffrey D. Wedekind
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida

The Judge addresses the fact that the claimant can not do the full range of sedentary work.  If you are limited to less than sedentary work, as stated in this decision, you will be found disabled by the Social Security Administration.  Sedentary work, as defined by the Dictionary of Occupational Titles, involves lifting no more than 10 pounds at a time and occasionally lifting and carrying articles like, docket files, ledgers, and small tools, and sitting with occasional walking and standing. Although sitting is primarily involved in a sedentary job, walking and standing should be required only occasionally. Standing and walking should total no more than 2 hours per 8 hour workday, while sitting would total about 6 hours per 8 hour workday. Most unskilled sedentary jobs demand good manual dexterity for repetitive hand and finger motions.

To read entire decision, click here.

*The Law Office of LaVan & Neidenberg helped this claimant secure her Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

Social Security Disability Case 5: Multiple Issues with Right Leg (Thigh and Knee) Requiring Surgery and Rehabilitation

Administrative Law Judge: Jose G. Rolon-Rivera 
Office of Disability Adjudication & Review (ODAR): Ft. Lauderdale, Broward County, Florida & Palm Beach County, Florida

The Judge addresses the fact that the claimant can not do the full range of sedentary work.  If you are limited to less than sedentary work, as stated in this decision, you will be found disabled by the Social Security Administration.  Sedentary work, as defined by the Dictionary of Occupational Titles, involves lifting no more than 10 pounds at a time and occasionally lifting and carrying articles like, docket files, ledgers, and small tools, and sitting with occasional walking and standing. Although sitting is primarily involved in a sedentary job, walking and standing should be required only occasionally. Standing and walking should total no more than 2 hours per 8 hour workday, while sitting would total about 6 hours per 8 hour workday. Most unskilled sedentary jobs demand good manual dexterity for repetitive hand and finger motions.

*The Law Office of LaVan & Neidenberg helped this claimant secure her Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

Social Security Disability Case 14: Cervical and Lumbar Strain, Herniated Disc, Somatic Dysfunction of Lumbar Spine, Degenerative Joint Disease, Left Knee Arthroscopy/Residual Pain and Swelling, Morbid Obesity

Senior Attorney Advisor: Tammy A. Thames
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida

The claimant had a strong case partly because her spinal diagnoses of degenerative disc disease and herniated discs in the lumbar spine were diagnosed and visualized using medically acceptable imaging.  Having evidence in the form of MRIs, CT scans, or x-rays is very powerful for a case that involves spinal disorders, such as stenosis, osteoarthritis, herniated discs, or fractures. 

*The Law Office of LaVan & Neidenberg helped this claimant secure her Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

To read this entire decision, click here.

Social Security Disability Case 14, p.2: Cervical and Lumbar Strain, Herniated Disc, Somatic Dysfunction of Lumbar Spine, Degenerative Joint Disease, Left Knee Arthroscopy/Residual Pain and Swelling, Morbid Obesity

Senior Attorney Advisor: Tammy A. Thames
Office of Disability Adjudication & Review (ODAR): Ft. Lauderdale, Broward County, Florida & Palm Beach County, Florida

The claimant's doctor conducted several examinations that measured her range of motion in the spine and motor loss due to atrophy with associated muscle weakness accompanied by sensory and reflex loss, by asking the claimant to perform a straight-leg raising test.  If the test is positive, as in this case, the claimant has significant limitations in using her lower lumbar back region. 

*The Law Office of LaVan & Neidenberg helped this claimant secure her Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

To read this entire decision, click here.

Social Security Disability Case 6, p.2: Vietnam Veteran Suffering from Post Traumatic Stress Disorder (PTSD) and Depression

Claimant's Disabilities: Post Traumatic Stress Disorder and Depression
Administrative Law Judge: Thurman Anderson
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida

In this portion of the decision, the Administrative Law Judge (ALJ) cited to the claimant's psychiatric treatment at the Veterans Administration Medical Center (VAMC) to substantiate his finding that the claimant medically equaled the requirements of Listing 12.06.  Part A(5) of Listing 12.06 requires that a claimant experience recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress.  In the decision, the ALJ noted that the claimant reported intrusive thoughts, flashbacks, and nightmares related to an incident in Vietnam.  Also, the ALJ mentioned that the claimant had ongoing treatment at the VAMC and consistent diagnoses of post-traumatic stress disorder.  It is important to mention that consistent medical treatment is a very significant factor in determining a disability claim.   

Interestingly, the ALJ mentions that the claimant had some substance abuse issues and carried a diagnosis of polysubstance dependence.  In each case, an ALJ must determine how the substance abuse impacts the claimant's mental impairments and whether the claimant's condition would still be severe without the substance abuse.  Although a claimant may still be found favorable despite substance abuse issues, it can also negatively impact a disability claim.  

*The Law Office of LaVan & Neidenberg helped this claimant secure his Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

To read this entire decision, click here.

Social Security Disability Case 12: Claimant Suffers from a Thyroid disorder, Osteoporosis, Major Depressive Disorder, and an Anxiety Disorder: Social Security Disability

Administrative Law Judge:  Carol J. Pennock
Office of Disability Adjudication & Review (ODAR): Miami-Dade County and Monroe County (including the Florida Keys)

The Judge addresses the fact that the claimant can do the full range of sedentary work.  If you are limited to less than sedentary work, you will be found disabled by the Social Security Administration.  Sedentary work, as defined by the Dictionary of Occupational Titles, involves lifting no more than 10 pounds at a time and occasionally lifting and carrying articles like, docket files, ledgers, and small tools, and sitting with occasional walking and standing. Although sitting is primarily involved in a sedentary job, walking and standing should be required only occasionally. Standing and walking should total no more than 2 hours per 8 hour workday, while sitting would total about 6 hours per 8 hour workday. Most unskilled sedentary jobs demand good manual dexterity for repetitive hand and finger motions. 

However, in this case, because the claimant was closely approaching advanced age, (ages 50-54), the claimant's acquired job skills from her past relevant work as a housekeeper (categorized as light strength work) are considered non-transferable to a new job, and therefore the Judge found the claimant disabled.

*The Law Office of LaVan & Neidenberg helped this claimant secure her Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency. 

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.

To read this entire decision, click here.