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Daniel Seth Holliday

Daniel Holliday’s Answers

3 total

  • Can I file for social security benefits

    Daniel’s Answer

    You can certainly file for Social Security disability - but are you likely to prevail in your pursuit of benefits? That depends. “Disability” means an individual cannot provide an income for him or herself; that is, he or she cannot work. The question then arises: what is it that makes an individual unable to work? There are lots of things that might prevent a person from not working: physical problems, mental problems, side-effects from taking potent medications for a medical condition, and so on. Your lumbar injury with some loss of use in one of your legs certainly appears to fit within that scenario. But the real question is just what is it about your medical condition that affects your ability to do work? Do you have to be in a permanent comatose state or be unable to get out of bed to be entitled to receive disability benefits? No. A person is disabled if they are unable to do work on a regular, sustained basis. In other words, if a person is not reliable because of his or her physical or mental problems then he or she is considered to be disabled. Regarding your lumbar injury, the question is what physical problems might cause you to be an unreliable employee? The typical answer is that pain, physical restrictions/limitations (i.e., loss of use of one of your legs) and fatigue interfere with your job performance. Ultimately, the question as to whether your medical condition causes you to be an unreliable employee depends fundamentally upon three things: (1) the severity or intensity of your medical condition; (2) the frequency with which the issue arises; and (3) the predictability of the problem. As you might expect, the more severe or intense the condition, the greater the frequency of the issue, and the more unpredictable the problem, then the more likely the individual is eligible for disability.

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  • ERISA employment but still at Appeal stage with former employer does it honestly make a difference of realistically obtaining

    Daniel’s Answer

    You need an attorney if your case is governed by the Employee Retirement Income Security Act of 1974 or “ERISA.” ERISA disability claims live in a strange legal world where there is no right to a jury trial, punitive damages are prohibited, and discovery is severely limited. It also means you have to prove that the ERISA fiduciary's decision was both wrong and unreasonable. Unfortunately, fiduciaries don't act like they're supposed too under ERISA and they typically try to take advantage of the statute and wrongfully deny benefits. Accordingly, you need an attorney to not only develop a strong medical file but also to successfully engage in conflict of interest discovery litigation and force the fiduciary to turn over documents which expose their bad behavior. In other words, yes, you need an attorney and, frankly, you need one that practices heavily in the area of ERISA disability claims.

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  • I have a documented disability - ADHD and have had trouble holding a job because of symptoms. I have medical records also.

    Daniel’s Answer

    It's feasible. Typically, the closer you are to retirement age the easier it is to get Social Security disability. Moreover, if you are having trouble keeping a job because of your medical condition then you are likely a candidate for disability. For example, your ADHD might regularly interfere with your ability to focus, concentrate and persist at assigned tasks. If that's true, then your "theory" of disability might be that your medical condition requires you to control your own environment, take more breaks than employers generally allow and at unpredictable times, or make you chronically absent from work. That would mean that even though you might be able to get a job you cannot keep it because of your impairment - and that's basically one definition of disability. In terms of whether you can work while pursuing disability - it depends on a number of factors including the amount of money you make in any given month and, perhaps, the nature of the work itself. In very rough terms though, while you may be able to do some small amount of work and make a small sum of money, it can make getting your disability benefits more difficult, depending on the context. I wish you the best.

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