OUTCOME: Favorable Decision at the Initial Claim Level
Claimant was a 45 year old male who had mental/memory loss and physical problems in that his leg was broken and he could not stand for lengths of time. Claimant was awarded SSI as of December 2008.
Social Security & Disability
Social Security Disability claimant
Nov 05, 2008
OUTCOME: Fully Favorable decision
Claimant was a 56 year old lady who had past relevant work experience as a bank teller. This work lasted the prior fifteen years. Claimant had fibromyalgia and arthritis. Linder Law Office sent a resid...ual functional capacity questionnaire to her treating physician and the doctor noted that she had marked functional compromise is almost unable to dress herself. Physician limited her to lifting less than 10 lbs and would miss work more than three times per month because of her impairments and was not malingering. Claimant's transferability of skills was not relevant due to her age. Disabled as of August 3, 2006.
Social Security & Disability
Social Security Disability Case ALJ Hearing $116k back benefts awarded
Oct 17, 2008
OUTCOME: Successful Remand at ALJ level; Favorable decision
Claimant had first hearing n July 31, 2007. Claimant's date last insured was December 1998. At the 2007 hearing, the ALJ determined that the claimant had one medically detemined impairment in 1998 (gas...tric syrgery). claimant had been diagnosed by pyschiatrist in 2003 with Obsessive Compulsive Disorder, major-depression. Linder Law Office filed an appeal with the Appeals Council and the Appeals Council agreed the ALJ erred and remanded the case for further proceedings. Medical evidence the ALJ failed to consider prior to 1998 was pancreatitis, peptic ulcer disease, chrnic iron deficiency anemia, diplopia, herniated disk and numbness of the left 4th and 5th fingers. Linder Law Office gathered and submitted a child custody evaluation from claimant's divorce (1989) and solicited testimony from pyschiatrist and the consultative medical expert that it would be medically impossible to determine that claimant's ailments did not or could not have been severe prior to onset. Collateral evidence and testimony indicated that claimant would not throw away garbage; could not maintain activities of daily living and social functioning; had repeated episodes of decompensation. The ALJ indicated that it was a two pronged question -- was the claimant disabled as of the 1998 DLI date and since the claimant did not file until February 27, 2004 was there reason to warrant not filing. ALJ found fully favorable for claimant after lengthy testimony and legal argument. Onset date of disability December 31, 1998.
Social Security & Disability
Social Security ALJ hearing level
Sep 17, 2008
OUTCOME: Fully favorable decision - over $50,000 in benefit
Claimants past relevant work was as a coal miner; surveyor; and greeter at Wall Mart. Counsel argued that the surveyor's position occurred prior to 15 years ago and chould not be considered as relevant... under social security standards. Claimant had the sollowing severe impairmanets: seizure disorder; depression; CAD; pulmonary disease; diabetes; disorders of the back and status post CVA. claimant had further limitations on mental disorders under 20 CF, Part 404, subpart P, Appendix 1. The ALJ disregarded the state agency medical opinions and gave controlling weight to the treating physician as it was more consistent with the medical record as a whole. The Administrative Law Judge ruled that the claimaint was disabled since April 8, 2006 the date of the alleged onset.
Social Security & Disability
Social Security Disability Hearing ALJ level
Sep 02, 2008
OUTCOME: Fully Favorable Outcome
Claimant had the following severe impairments: Obesity; rheumatoid arthritis; epilepsy; restless leg syndrome; depression; restrictive airway disease. Claimant had moderate restrictions in daily living... with restrictions of activities of daily living; moderate difficulties in maintaining social functioning; moderate difficulities in maintaining concentration; persistance or pace and no episodes. The additional nonexertional lm,imitations of BMI and rheumatoid arthritis prevent claimant from performing even sedentary work. Onset date was June 15, 2007.
Social Security & Disability
Social Security Disability Case
Aug 06, 2008
OUTCOME: $70,000 in back Social Security benefits awarded
Claimant/Plaintiff only had a second grade education. Claimant was 62 years old and had been recieving SSI since 1992. Claimant had been shot and determined medically eligible for SSI. The Claimant app...lied for SSDI dating back to date last insured (DLI). Linder Law Office secured an IQ test demonstrating Claimant had an IQ of 56 and supported it with testimony of family members that claimant had to have assistance in all areas of daily living. The Administrative Law Judge ruled in the Claimants favor with an onset date of 1969. Application for SSDI was submitted to SSA in 2006.
Social Security & Disability
Social Security Disability - Appeals Council
Mar 28, 2008
OUTCOME: Reversal of ALJ decision - four years back dating
Claimant was 59 years of age on the alleged onset date. Administrative Law Judge issued a partially favorable decision establishing onset as of November 1, 2006. Linder Law Office appealed the ALJ deci...sion in that the Vocational Expert testified that the claimant had transferable skills in the customer service and coudl work as a receptionist. Claimant previously worked as a cosmetologist and caregiver for the elderly. The Appeals Council was not similar to past relevant work and the ALJ was in error in considering work that was not past relevant work with no transferable skills. The Appeals Council reversed the ALJ decision of an onset date of November 1, 2006 and established a disability onset date of January 1, 2002.
Divorce and separation
Smith v. Smith
Feb 29, 2008
OUTCOME: Father received custody
Represented father in divorce action. Child custody was removed from mother due to mother's inability to hold a job; have a stable residence; health factors of the two children; and best interests of t...he children. Divorce action took 18 months from date of service to date of dissolution.
Social Security & Disability
Railroad Retirement Board
Sep 15, 2007
OUTCOME: $50,000 back social security/Railroad Ret Board
Plaintiff/Claimant was a railroad conductor. Had previous work experience so Claimant had Social Security benefits as well as Railroad Retirement Board benefits. Claimant had back injury and was not ab...le to perform full range of functions. Linder Law office arrange for a psychological evaluation which revealed a Global Assessment Functioning score of 35. Railorad Retirment Board adjudicator awarded disability and back benefits to claimant.
Social Security & Disability
Social Security Disability Case
Aug 08, 2007
OUTCOME: $50,000 in back Social Security benefits awarded
Plaintiff/Claimant was a Vietnam veteran suffering from PTSD and other problems. Social Security failed to secure Veteran's Administration records outlining claimants disabilities. Linder Law Office se...cured VA records and submitted them to SSA. At the Administrative Law hearing, a licensed counselor from the VA testified supporting claimants disabilities and handicaps. The Administrative Law Judge ruled in favor of the claimant dating the disability to the time of the VA treatment/records.