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David Scott Bromley
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David Bromley’s Answers

177 total


  • Social Security Terminated after long form CDR

    My son's father was recently terminated from Social Security Disability by way of a Continued Disability Review. He is 33 years old, and has been receiving benefits for 3 years for a well documented history of brain injuries. The 3rd head injury r...

    David’s Answer

    I agree with Ms. Kellman that your son's father probably has a god chance of getting his benefits reinstated if the proper medical evidence is obtained to show that his impairment has NOT significantly improved since his SSD claim was previously approved. Don't dwell on how/why the cessation of benefits happened. It has happened (right or wrong). Put your energy into working on getting the benefits reinstated. You need a qualified attorney to assist you. I would not suggest that you attempt this by yourself. Search attorney profiles on AVVO and talk to a few attorneys. Most attorneys do not charge a consultation fee. Best regards.

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  • I hurt my shoulder about 3 years ago and had a surgery done through workman comp.

    After the surgery went and done the rehab. Later I return to work with no problem. About 6 months ago I started to have excruciating pains and my movement become limited. The question is I never taken any lawsuit money but now I cant even go see ...

    David’s Answer

    Florida Statute Section 440.19 discusses the statute of limitations in workers compensation cases. In essence, it states you have to file a petition for benefits within 2 years of your accident, or after the two years, within one year of the employer/carrier's last payment if benefits. There are a number of circumstances which could possibly overcome a statute of limitations defense (ie, did the employer/carrier send you an informational brochure discussing your rights? Did the employer/carrier pay impairment benefits based upon the permanent impairment rating the treating doctor assigned?)
    So more specific information is required to better answer your question. What is your date of accident? What is the last date the employer/carrier paid/provided a benefit to you? Did the employer/carrier pay the perm impairment benefits?
    Even thought though the statute of limitations may have run, you should confer with an attorney before giving up. The statute of limitations issue has many niuances.
    Even though you might be able to overcome a SOL defense, doesn't mean your current shoulder condition and need for treatment is the result of the original injury. That is a medical question and the employer/carrier may fight you especially if you had a subsequent intervening accident involving your shoulder.
    Good luck.

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  • WHAT IS THE NEXT STEP AFTER APPEALING AN UNFAVORABLE DECISION ON SS DISABILITY

    I received noticed that the decision from my hearing for social security disability was "unfavorable" and now have 60 days to appeal it. Can anyone tell me how that process works? Will there be another hearing? what am I to expect next during this...

    David’s Answer

    Because you have an attorney, you should set a conference with him or her and fully discuss the next step which is filing an appeal with the Appeals Council.

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  • As a disabled person how and when do i get heath assistance (Medicaid or Medicare)?

    I was approved for disability benefits about 2 months ago. My onset date was June 2014 and since i am on disability how do i go about getting Medicade or Medicare?

    David’s Answer

    If you are already 65 years old, you are entitled to Medicare. If you are younger than 65, you will not be entitled to Medicare until the SSA has paid you two years of SSD benefits under Title II.
    So if your onset date was 6/1/14, your back benefits go back to December 2014 because the SSA does not pay SSD benefits for 5 full months from the onset date. Thus, you should be entitled to Medicare in December 2016.
    If you applied for SSI only and you were approved, you should be immediately entitled to Medicaid.
    If the foregoing is applicable, contact the Centers for Medicare Services and/or the Florida Dept of Children & Families.

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  • Do you think my husband has a chance of getting disability?

    My husband got in a motorcycle accident in 1973 and got mangled pretty bad. Now he is going on 59 and in a lot of pain from arthritis; he had his hip replaced 8 yrs ago, his shoulder is bothering him, his right knee is going to need to be replaced...

    David’s Answer

    Mr. Lonetto and Mr. Viera make good points. More information is needed in order for an attorney to tell you whether your husband has a chance of being approved for SSD or SSI. AVVO is a good place to review attorney profiles in your local area. Most attorneys do not charge a consultation fee. Best of luck!

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  • Can a reviewing workers comp dr who did not take me as a patient make decisions about my case?.

    Florida workers comp. here is the situation, I was referred to an orthopedic dr for a review by my adjuster, went to see dr and he reviewed my Note and Mri reports. He told my adjuster that he could do nothing for me and told them that I could re...

    David’s Answer

    It sounds like the adjuster sent you for an independent medical evaluation ("IME"). Or perhaps the primary care doctor you are treating with under workers' comp recommended an orthopedic evaluation and the adjuster picked the orthopedic doctor and set up the appointment. Either way, the orthopedic doctor can render opinions about your medical condition(s), whether it is related to the accident, and whether any medical treatment is medically reasonable and necessary. I suggest that you find an attorney to assist you in this case before things get too out of control. Review the attorney profiles here on AVVO. Best of luck!

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  • Should I apply for disability on my own first, and if denied, hire a lawyer, or should I hire a lawyer from beginning.

    Hi. I'm 57 and I'm considering applying for social security disability, as I was in an accident last Dec. and an MRI shows that I have damage to my back (7 herniated disks and a few other things). My neurologist did tests and confirmed I have a ...

    David’s Answer

    I suggest to retain an attorney right from the start. You want to make sure everything is getting filed correctly right from the get-go to give you a better shot at getting your claim approved at the initial application level.
    Review attorney profiles here on AVVO to find an attorney. Best of luck!

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  • Can I b denied shelter due 2 my medical condition

    I have COPD,High BP, had surgery 7 months ago on right side 2 remove blood mass Am still swollen,sore due 2 this I am sleeping in my car I went 2 check in the shelter Safe Harbor run by the Pinellas County Sheriff's Dept. They refused me due 2 my ...

    David’s Answer

    You should contact some attorneys who handle discrimination cases in order to see if you have a case. If you are unable to work, you might also want to consult with attorneys who Social Security benefit claims. AVVO is a great place to review attorney profiles. Best of luck!

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  • I been denied four time for disability four time now my lawyer is dropping me what do I do cause my doctors saying I can't work

    I been denied four time for disability four time now my lawyer is dropping me what do I do cause my doctors saying I can't work

    David’s Answer

    Though you did not ask a question, I assume your question would be "What do I do now?" No one is going to be able to give you advice about your prior claims/denials without reviewing your file and/or the ALJ's Unfavorable Decision. I do not know if you have been denied four times after four administrative hearings or if you were denied at the initial application level, reconsideration level, hearing level and appeal council level.
    I suggest that you get a copy of your file from your prior attorney and consult with other attorneys who specialize in SSD/SSI claims. There should not be a consultation fee. Review the attorney profiles on this website and meet with a couple of attorneys.

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  • Is it legal for a collection agency to come after me for a workers compensation claim even after talking to workers compensatio?

    I was hurt at work, went to the hospital, and filed a workers compensation claim. I months later I received a bill from a collection agency. After trying to clear it up the collection agency and put them in contact with workers compensation ( who ...

    David’s Answer

    If the workers' compensation carrier has informed the hospital/collection company that they are responsible for payment of the medical bills, then the hospital/collection company should remove you from the debt and forego contacting you any further.
    Aside from contacting a workers' compensation attorney to assist you which respect to your injury, you should also contact an attorney who handles unfair debt collection actions as you may have a separate legal claim against the hospital/collection company.

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