Barbara Juneau Mixon's Legal Cases (7)

Social Security & Disability

Man With Stage IV Cancer Receives Social Security Benefits

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OUTCOME: The case resulted in our client receiving a monthly income through Social Security and health insurance coverage, as well a $16,000 in past-due benefits. He was able to get Medicare coverage almost immediately after the decision.

Our client, a man with bladder cancer, had no health insurance. The cancer had not been diagnosed until it had already progressed to Stage IV. He had filed for bankruptcy, and his financial resources w ... ere very limited, so much so that he was forced to move in with his mother. Because he did not have health insurance and couldn’t afford the visits, he avoided seeing doctors as much as possible. Although he received some medical care through a charity hospital, the hospital was two-and-a-half hours away. Finding transportation and making the long trip to keep his appointments proved difficult for the client, and the additional travel time meant that his cancer treatments and follow-up appointments often kept him for the greater part of the day. The man was hesitant to file an application for Social Security benefits because he was unsure about his rights and felt overwhelmed by the Social Security system. However, he contacted Attorney Barbara Mixon, with Neblett, Beard & Arsenault, for guidance. Barbara reviewed his situation and encouraged him to file an application for disability benefits. She reassured the client that he had a good case, and she helped him through each step of the process. Social Security found him disabled in October, but Barbara believed that the evidence in the client’s case justified a much earlier onset. She took the extra steps and successfully argued that his disability began in January. The case resulted in our client receiving a monthly income through Social Security and health insurance coverage. He received $16,000 in past-due benefits. He was able to get Medicare coverage almost immediately after the decision. Having access to Medicare coverage allowed him to see almost any doctor he chose, while he would have been very limited by Medicaid coverage. He no longer had to travel so far to get treatment or avoid getting needed treatment for fear of the resultant debt.

Social Security & Disability

Boy Receives Hearing Aids After Denial From Social Security

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OUTCOME: The hearing resolved in the client’s favor, allowing him to receive an ongoing Social Security check and a Medicaid card. He was able to get the hearing aids he needed, and he was enrolled in a private school.

Our client, a school-age boy, had been deaf since birth. His family faced financial hardship, and the boy was not covered by medical insurance and could not afford hearing aids. His mother filed an app ... lication for him to receive Social Security benefits, but the initial application was denied. The boy struggled to keep up with his hearing peers in school and in his daily life. The mother contacted Attorney Barbara Mixon, of Neblett, Beard & Arsenault, after her son’s Social Security application was denied. Barbara gathered his medical records and school records, and she obtained the needed documentation to fill in any holes or gaps in his records. She guided and supported the boy and his mother while they waited the many months for an appeal hearing. Knowing that clients are only given a short amount of time to present their evidence before the Judge, Barbara worked closely with the boy and his mother. She met with them and carefully explained what would happen, what to expect, and how they could present their testimony clearly and quickly in the limited time available. The boy’s Social Security case moved on to an informal hearing before an administrative law judge. The boy’s mother was apprehensive about the appeal hearing, but Barbara reassured her throughout the process. The testimony at the hearing was credible and honest, and the Judge in the case was especially moved by the child’s testimony. When the Judge asked how he was able to get by in school without hearing aids, the boy testified that he “just followed the other children.” The hearing resolved in the client’s favor, allowing him to receive an ongoing Social Security check and a Medicaid card. He was able to get the hearing aids he needed, and he was enrolled in a private school that offered better support for children with hearing disabilities. Both Barbara and the family were very satisfied with the result.

Social Security & Disability

Social Security Overpayment Waived For Man With Parkinson’s

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OUTCOME: The Judge ruled in the client’s favor, which allowed the client to receive continuing Social Security disability payments, past-due benefits of $17,000, and medical coverage. It also waived the entire $82,000 in over payments.

Our client, a man with Parkinson’s disease and epilepsy, was placed on Social Security disability over 15 years ago. Social Security allows recipients to continue to work while receiving benefits, as l ... ong as they don’t exceed a certain amount of earnings per month. The man continued to work, as allowed by Social Security, but made more than allowed one month. He continued to receive his payments, as usual, and his earnings did not exceed the limit in the months that followed. Eventually, Social Security found the error. All the payments for the months after that single month were considered overpayments. His benefit payments were stopped, and Social Security ordered the man to repay over $70,000. Without his Social Security check, the man could not afford his medication. Without his medication, he could barely speak and had trouble performing his daily activities. Despite his condition, he continued to try to work a few days each week. He had no access to health insurance or prescriptions. All these factors put stress on his family, as he and his wife struggled to raise their granddaughter with limited financial resources. The man was overwhelmed by his situation. He didn’t fully understand the process of appealing Social Security’s decision or how he could possibly pay what Social Security had demanded, so he contacted Attorney Barbara Mixon for help. Barbara knew that the key to resolving his case was to prove both that the overpayment was not his fault and that the repayment would result in an undue financial hardship. Before the hearing, Barbara walked him through every step of the process and made sure he knew what to expect. She explained his rights and what he would need to do to resolve his case. Ultimately, the Judge ruled in the client’s favor. The decision allowed the client to receive continuing Social Security disability payments, past-due benefits of $17,000, and medical coverage. It also waived the entire $82,000 in Social Security overpayments, so he would not have to use his limited income to pay for the error. The client was pleased with the result, and Barbara was happy she could help. She said, “In these cases, there is a definite and immediate benefit for clients who have worked hard all their lives and sometimes have no other way of getting help.”

Social Security & Disability

Woman Gets Medical Care And Housing After Disability Denial

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OUTCOME: With the favorable decision, the client received ongoing SS disability benefits and significant past-due benefits. She also immediately became eligible for Medicare, which would pay for necessary home health care to support her daily activities.

Our female client, living in uncertain housing and struggling to get the help she needed, had ongoing physical symptoms and pain caused by a compression fracture of the thoracic spine. Doctors had also ... diagnosed her with an anxiety disorder and depression, and she had been hospitalized with suicidal ideation in the past. The client’s situation prevented her from living independently, so she moved between a safe house, a homeless shelter, and the home of an abusive family member. As part of her care, a team of social workers was assigned to the client’s case. They met with her four times a week to provide support and help her stabilize. The client understood that Social Security Disability could help her overcome her challenges and improve her life, so she applied for benefits. Her initial application was denied. After her SS disability application was denied, the client looked to several different attorneys for help. Although she tried, she had trouble finding anyone who was willing to take or pursue her case. Because of her difficulty finding an attorney, she went to her first appeals hearing without representation. At the hearing, the judge told her that it would be in her best interests to find an attorney before proceeding. The client decided to contact Attorney Barbara Mixon of Neblett Beard & Arsenault just eight days before her next scheduled hearing. A social worker accompanied the client to her first meeting with Barbara and helped explain the client’s history and current challenges. Barbara was moved by the woman’s situation and her continued inability to get help. Barbara believed in the client’s case, and she was very motivated to help her work toward obtaining the benefits she deserved. Barbara submitted a request for the upcoming hearing to be postponed, which was granted, and she went to work preparing the client’s case. Barbara worked closely with the client, explaining the legal process and preparing her and the case for the hearing. Barbara skillfully represented and advocated for the client, and a favorable decision was returned on June 28, 2017. With the decision, the client received ongoing SS disability benefits and significant past-due benefits. She also immediately became eligible for Medicare, which would pay for necessary home health care to support her daily activities. The decision also helped her qualify for income-based housing enabling her to move into an apartment of her own for the first time in her life. For the client, the judge’s decision was life changing. The client was deeply grateful for Barbara’s help, and Barbara was happy to have helped her gain more long-term stability and build a better life. “The real award in this case is knowing that my client was able to attain financial freedom, independent living, and a means to escape the demons of the past.”

Social Security & Disability

Young Man Awarded Disability Benefits For Crohn’s Disease

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OUTCOME: To the client’s relief, the hearing ultimately resulted in a favorable social security disability benefits decision, making him eligible for ongoing benefits, access to healthcare, and payment of past-due benefits.

Our client, a 24-year-old man, had struggled with severe symptoms of Crohn’s disease since early adolescence. Over time, his doctors tried numerous medications and treatments to bring him relief, inclu ... ding intravenous Remicade and bowel surgery. None of the treatments were effective in alleviating his symptoms. The severity of the Crohn’s disease and its complications made the client’s life difficult, and he was often too ill to perform daily tasks. To make ends meet while he was undergoing treatment, the client filed for Social Security (SS) disability benefits. However, his application was denied. He contacted Attorney Barbara Mixon for help with an appeal. The client was very thin and appeared severely ill when he came to talk with Barbara. She could clearly see that he was in pressing need of help and legal representation. She assured him that he had a strong case, agreed to accept him as a client, and began pursuing an appeal on his behalf. As she worked through his case, Barbara made sure that the client knew what was happening, and they spoke on the phone multiple times. Barbara also met with the client in person to help prepare him for the appeals hearing. Together, they walked through a “trial run,” so he would know what to expect. The regular contact and personal support from Barbara helped ease the client’s mind as the hearing date approached. At the hearing, the client was so weak and ill that his partner had to physically support him and carry him into the courtroom. Although the client’s challenges made the hearing difficult for him, he spoke in front of the judge and had Barbara’s support at every step. To the client’s relief, the hearing ultimately resulted in a favorable social security disability benefits decision. He would now be eligible for ongoing benefits, access to healthcare, and payment of past-due benefits. The client and his family were thankful for Barbara’s help. Unfortunately, the young man died just a few months after the hearing. His parents visited Barbara to inform her. As they talked, she advised them that they were entitled to their son’s past-due benefits payment. His parents had been unaware, and they were initially hesitant to claim the money. However, they ultimately decided to accept and use the funds to memorialize their son. With their son’s past-due benefit, they were able to sponsor a golf tournament in his honor and raise funds for Crohn’s disease research.

Social Security & Disability

Complex Disability Case Ends Favorably After Denial Reversed

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OUTCOME: Benefits were awarded to the client as of her original onset date. She was awarded significant past-due benefits and became immediately entitled to Medicare coverage. She would also receive ongoing benefits to help with her needs now and in the future.

Our client had a history of multiple back surgeries. By the age of 55, she had already undergone four spinal surgeries and three neck surgeries to alleviate her symptoms. Now, in her 60s, her doctors w ... ere considering an eighth surgery. Knowing that her means were limited, she applied for Social Security (SS) disability benefits to help her with the costs and challenges of her medical condition. Unfortunately, her initial application for benefits was denied. The client sought help from Attorney Barbara Mixon of Neblett, Beard & Arsenault. Barbara worked with the client to file an appeal and prepare for the appeals hearing. Although Barbara and the client believed they had everything they needed for a favorable decision in her case, the judge returned a surprising unfavorable decision on May 16, 2016. Despite the steps taken to advocate for the client, the denial remained in place. After the unfavorable decision at the appeals hearing, Barbara continued to advocate for the client. She requested a review of the judge’s decision and from the appeals hearing and submitted numerous pieces of additional evidence to the Appeals Council. In an action that is rarely taken by the Appeals Council, the decision in our client’s case was ultimately reversed and sent back to the deciding judge for reconsideration. As a result, benefits were awarded to the client as of her original onset date. She was awarded significant past-due benefits and became immediately entitled to Medicare coverage. She would also receive ongoing benefits to help with her needs now and in the future. Because of Barbara’s commitment to her case and the action by the Appeals Council, the client would not have to wait for another hearing or risk going before the same judge who had decided her case previously. The client and her husband were pleased with the result and relieved to know that she could get the medical care and financial support she needed. Barbara was also happy for the client and very pleased that her assistance could make a difference in their lives.

Social Security & Disability

Man Able To Afford Housing With Social Security Disability

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OUTCOME: At the second hearing, the ALJ found in the Claimant’s favor resulting in the award of six years of past-due benefits—approximately $71,000.

Our client, a 23-year-old man, was raised in a chaotic household and had largely “fallen through the cracks.” He suffered years of abuse by a family member as a minor, and he struggled with mental heal ... th issues and an inability to afford his medications as an adult. He was homeless, and he had been diagnosed with depression, anxiety, mood disorders, schizoaffective personality disorder, and borderline intellectual functioning. Off his medication, our client suffered from disabling symptoms, including auditory and visual hallucinations and paranoia. His history was significant for two attempts at suicide. He had a prior history of substance abuse but was maintaining his sobriety despite his precarious financial situation. Our client was receiving mental health care, but the burden of homelessness and lack of transportation made it difficult for him to get the care and support he needed. After filing for Social Security benefits, the client contacted Neblett, Beard and Arsenault for assistance with his case. We appealed the denial of this decision to the Appeals Council and then to United States District Court. At that time, the Social Security Administration allowed applicants to refile after receiving an unfavorable decision at hearing level. Social Security on this second claim found him disabled and began making ongoing payments to the client. Insofar as his initial claim was concerned, the federal judge remanded the prior judge’s decision for another hearing and decision. At this second hearing, the ALJ found in the Claimant’s favor resulting in the award of six years of past-due benefits—approximately $71,000. Our client also continues to receive his ongoing Social Security disability benefits. Due to this young man’s impaired mental state, his uncle was appointed to take charge of his funds. All the while, the client was affected by the catastrophic flooding in Baton Rouge. The award in his case allowed him to overcome these housing challenges and seek a permanent place to live. He was able to move on with his life with appropriate healthcare and financial support and hopefully may be able to seek employment in the future.

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