A young Bucyrus woman with intellectual disability understandably did not know that she needed to appeal her determination when she was first denied. She came to Roose & Ressler on a new application, and we were able to help her win her claim and persuade the judge to reopen her earlier application. The reopening allowed payment of her past benefits starting from an earlier date.
It can pay to talk with an experienced attorney early.
A resident of Vermilion, Ohio, had filed an application for Social Security disability. The application was being processed by the Sandusky district office and the state Division of Disability Determination. The applicant called Roose & Ressler for advice and representation to give his application the best chance. He suffered from COPD, cervical arthritis, peripheral neuropathy, and depression. He wanted help checking his paperwork and identifying evidence that could help. He had questions about medical examinations that the agency had scheduled for him.
Social Security recently granted this claim at the initial level, without any appeals being necessary.
Young woman was granted benefits for a “closed period” after a terrible car accident that resulted in life-threatening injuries requiring helicopter transport to a regional trauma center. The good news is that she recovered from the accident. But her recovery process lasted 12 months. Social Security benefits are available when a person is unable to work for at least 12 months. And we at Roose & Ressler were pleased to help prove that she was disabled during the 12-month recovery period.
Woman with tested low intelligence found disabled after administrative law judge (ALJ) hearing because she meets a medically listed impairment that requires lifelong intellectual disability supported by I.Q. test scores and the presence of another functionally limiting medical problem. When she came to Roose & Ressler after being denied twice by Social Security, we saw that Social Security had failed to obtain her school records. We got them, and they contained the needed I.Q. tests to show that the low intelligence was lifelong.
Social Security recently followed changes in the psychiatric diagnostic manual used by mental health professionals in changing the language it uses to describe low intelligence conditions from “mental retardation” to “intellectual disability.”
A Lorain County man with continuing chronic back pain after a failed back surgery recently found disabled by an administrative law judge (ALJ). The ALJ found that he would be unable to sit and stand long enough to do any kind of a full-time job. This man was very motivated to try to work to support his young family and attempted to return to work but could not sustain it even part-time. As with any kind of a pain case, it was critical to obtain opinions about his limitations from his treating doctors. Social Security’s rules give preference to opinions from treating doctors, who are most likely to understand their patients’ limitations the best.
An older, illiterate Mansfield-area man came to us for help when he was denied after an administrative law judge (ALJ) hearing several years ago. The judge found that he could still do the kind of work he had done in the past despite severe breathing and heart conditions and back pain. His previous attorney referred him to us. We took his case to federal court. We also advised him to file a new application. He won benefits on his second application, after we represented him at an ALJ hearing. On his first application, we persuaded the court that the ALJ had not investigated how this man actually performed his past work. The court sent it back for another ALJ hearing to consider this issue and others. At that hearing, the ALJ agreed that he could not perform his past work or other work, considering his age and limitations. We were able to help him get additional years of disability benefits that he deserved.
Young Lorain area woman with chronic regional pain syndrome (CRPS) found disabled by administrative law judge because of severe and persistent pain. CRPS is an uncommon disorder that is often connected to a surgery or injury. Obtaining the opinion from her treating pain management specialist about the effect that her pain had on her ability to concentrate to perform work activities despite strong pain medications was especially important to winning her case. CRPS was formerly known as reflex sympathetic dystrophy (RSD).
A 55-year-old former painter from the west side of Cleveland, Ohio, has been given another chance to prove his disability. The Appeals Council, the highest part of the Social Security Administration’s system for deciding disability appeals, recently overturned a decision by an administrative law judge (ALJ). The ALJ after the hearing had obtained more evidence from the vocational (job) expert who had testified at the hearing. The ALJ did not show attorney Roose, as the disabled person’s attorney, the evidence. The attorney had no chance to prove that the evidence was unreliable. At the new hearing, the former painter and his attorney will have a full opportunity to prove disability.
ALJs now decide a high volume of cases, often 50-60 each month, Mistakes are inevitable at that pace. Mistakes often hurt truly disabled people. With careful representation, many of those mistakes can be corrected, but delay itself hurts impoverished claimants. In this case, the ALJ found that the claimant suffered from severe degenerative disc disease, back pain, coronary artery disease with stents, chronic obstructive pulmonary disease, retinal hemorrhage, and depression. After years of work as a painter, paying in to Social Security, the claimant finally had to apply for disability in 2009. He is married and has two teenage boys. His wife cannot work after back surgery. They have had to borrow money to survive. It will be difficult to wait through another appeal.
Congress should adequately fund Social Security staffing to reduce mistakes and delays.
A Cleveland, Ohio, administrative law judge (ALJ) of the Social Security Administration recently found a child disabled by a combination of several medical problems and granted disability benefits. The child’s mother testified at a hearing that was held by video conference from the Lorain, Ohio, office of Roose & Ressler. “The judge considered the child’s limited ability to move about and manipulate objects, and overall health and physical well-being,” said attorney Kirk Roose. “The SSI award can bring up to $710 per month to help the family deal with the special needs of this child.”
A disabled person recently went to an administrative hearing in Cleveland, Ohio, where her attorney presented her case to an ALJ (administrative law judge). The ALJ agreed that she had been disabled since even before she applied. The ALJ considered the evidence of her Bipolar Disorder, borderline personality disorder, osteoarthritis, and foot problems. The claimant was represented by attorney Kirk Roose of Roose & Ressler. “We work hard to get the case together and to get you ready,” said Roose.