In Dimmett v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant applied for Social Security Disability Insurance (SSDI)  benefits from the United States Social Security Administration (SSA).  Claimant was 62 years old at the time his appeal was heard.

1033916_medical_instruments_3The reason he claimed disability was due due to asthma, asbestosis, chronic obstructive pulmonary disease (COPD), and heel spur in one foot.  The administrative law judge (ALJ) heard the case and determined he was not disabled within the meaning of Social Security disability regulations. Continue reading

Allensworth v. Colvin, a federal disability appeal from the United States Court of Appeals for the Seventh Circuit, involved a claimant who was appealing denial of Social Security Disability Insurance (SSDI) benefits application.

It should be noted that the United States Seventh Circuit often tends to favor claimants more so than other circuits, and this is especially true of Judge Posner.  In this case, Posner not only heard the case but also drafted the opinion for the court.

952313_gavelClaimant asserted that his back began to hurt in 2008.  The pain got worse over time and spread to his legs.  When he went to his doctor, tests were done, and it was determined the main cause of his problem was a herniated disk, but he also had severe arthritis.  He received treatment for these medical conditions in 2010. Continue reading

Mabry v. Colvin, a federal disability case from the United States Court of Appeals for Eighth Circuit, involved a claimant who filed for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI).

1078874_word_work_on_the_dices-300x214Claimant initially filed for disability benefits in March 2011, claiming he was disabled and thus unable to work due to a combination of ailments. He claimed he was not able to work due to having paranoid schizophrenia, anxiety with panic attacks, morbid obesity and depression.  His educational history consisted of graduating from high school and going to college for a year before dropping out due to his anxiety and depression. Continue reading

Liner v. Colvin, a federal disability case from the United States Court of Appeals for the Eighth Circuit, involved a review of the residual functioning capacity (RFC) of a claimant who was denied  Social Security Disability Insurance (SSDI) benefits.

1002813_x-ray_image_of_the_legClaimant first filed an application for SSDI benefits with the United States Social Security Administration (SSA), and his application was denied.  At this point, he filed a written appeal.  This written appeal was denied, but it should be noted that nearly every written appeal of a denial of benefits is denied as well. Continue reading

Allman v. Colvin, a case from the United States Court of Appeals for the Tenth Circuit, involved a claimant who alleged he was unable to work due to having a shunt in his brain, back pain, depression, anxiety, severe headaches and spina bifida.

1028452_syringes_and_vialDuring a hearing before an administrative law judge (ALJ), it was determined that he had a residual functioning capacity (RFC) allowing him to perform many different jobs in the national economy, and the judge denied his application for disability benefits.   ALJs use an archaic index of jobs known as the Dictionary of Occupational Titles (DOT) that was largely drafted during the 1970s.  This book has a bunch of odd sounding job titles that are supposedly available at some place in the United States at any giving time.  This is opposed to finding job listings in the local economy, where the claimant is actually looking for employment.  No surprisingly, many disabled Americans do not want to leave their families and travel to another state for the opportunity to work a low wage job while being disabled.  However, this is exactly what ALJs often decide they should do. Continue reading

In Stark v. Colvin, Claimant worked as yard driver for ten years at a major automaker.  She was responsible for moving pickup trucks as they rolled off the assembly line and taking them to a storage area until they could be shipped to car dealers around the world.  She was earning around $40,000 with benefits, but her back was hurting to the point where she had surgery for the first time in 2000.  Ultimately, she would have three surgical procedures on her back.

755533_suvWhen she went to see her orthopedic surgeon back in 2000, the doctor diagnosed her with a degenerative disc disease.  After speaking with his patient about various options, he decided to perform a lumbar fusion.  In addition to the lumbar fusion, claimant also had various procedures to widen her neural pathways.  Continue reading

In Nowling v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, claimant was disabled due to what is known as conversion disorder. A conversion disorder is term for when a patient suffers real physical symptoms of a disease or other medical condition without any known cause. One type of this, the type suffered by claimant, involves non-epileptic seizures.

635810_softgel_capsuleThese non-epileptic seizures are believed to be the result of an unconscious and involuntary “conversion” process.  This means that a person who suffers from mental stress will unconsciously convert that mental stress into the physical symptoms.  In this case, seizures occur.  Continue reading

There are currently around 11 million Americans collecting Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. These are the two programs the United States Social Security Administration (SSA) runs to provide benefits for disabled adults and children who cannot work due to their respective medical conditions.

1078874_word_work_on_the_dices-300x214Many in Congress like to claim that there are too many people collecting disability benefits, and they should be working.  We know that this is just political rhetoric, but there does not seem to be any stopping politicians from making these unfounded claims.  The truth is that the vast majority of people collecting Social Security disability benefits would much rather be healthy and able to work.  One reason we know this is because the cap for disability benefits is under $1,100 per month, which is much less than many people could earn at work even at a minimum wage job.  This is not a coincidence, as Congress did not want people to make more in benefits than they could while working. Continue reading

A recent news feature from CNBC looks at some interesting statistics pertaining to the Social Security Disability Insurance (SSDI) application process and also offers some helpful tips for getting your application approved faster.

957924_hand-300x200One of the first things to understand is just how difficult it is get approved for Social Security Disability Insurance benefits, especially if you do not have an experienced attorney representing you during the application process and appeal, which is often necessary.  As it turns out, between 2004 and 2013, slightly more than a third of all claims were approved by the United States Social Security Administration (SSA).  To put it another way, 64 percent of all claims were denied. Continue reading

In Stage v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, claimant was working at a factory in 1985 when she suffered two slipped discs in her spine.  She simply kept working through the pain, but her condition got much worse as the years went by. Two decades later, she was diagnosed with severe arthritis in hips, left leg, both shoulders and her back.  She also suffered from a degenerative disease in her spine.  She was 5’6” in height and her weight about 200 pounds at the time she first appealed a denial of her Social Security Disability Insurance (SSDI) benefits.

1115701_black_and_white_crime_2In addition to her arthritis and obesity, she also suffered from hyperlipidemia (high cholesterol), hypertension, and hypothyroidism.  When she first filed for Social Security Disability Insurance benefits, she claimed her hip pain and back paid made it impossible for her to work as of October of 2009.  Her job history included working at the factory, working at a kitchen in a nursing home, and work as a bartender. The back pain and hip pain was confirmed via her medical records submitted along with her benefits claim.  Continue reading

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