My case is 22 years old. Shocks in my wrists with manipulations - pressing - bending. Judge and VE in the last hearing said no jobs available - no employer would hire over extra needed resting breaks. Denied over and over. AG - magistrate Nov 2023 now said judge made the wrong decision and is ordering a new hearing. I wonder who holds the record for a case in the system.
Hello what if you have a DUI but the Clinical Psychologist says and states in a letter an Oasis letter, states “she could not recommend the patient for treatment because he does not have a Drinking Problem” will this effect a SSI Case?
Can I get your opinion on this scenario, where a person is waiting to appear before a judge for their appeal, and his DLI has since expired after the original claim was filed, but since then his symptoms for the disabilities listed in the claim have worsted. Will medical records that document worsening conditions and ambulatory devices after the DLI date be taken into consideration or will the judge only consider evidence up to the DLI date? For example, a person lists IBS as one of their original disabilities, but after the DLI date, said disability has worsened and now causes backpain, but the medication and ambulatory devices prescribed all came after the DLI date.
Great question!!! How long after the DLI does the condition become worse in your scenario? There is a difference in documented worsening after the DLI if it's within 1-3 months vs 2-3 years after the DLI. Most judges will take into consideration if the condition worsened very close to the DLI (but documented after the DLI). One can make an argument the condition was just as bad prior to the DLI but only documented after. Much more difficult to make that argument the further away you get from the DLI. Of course, if a person also has an SSI claim pending then the new information will be relevant. I need to note that every case is unique and different and this is not legal advice. We would need to analyze your claim before we can make any specific legal opinions.
I am currently a client with your firm. I have PTSD issues from the Army. I Am 100% P&T on TDIU. Does the military help my case or make it worse? Has Evans disability handled a case with TDIU? Thanks for your time
Thank you for your question. We appreciate the trust our clients place in us and take that trust very seriously. We value attorney-client confidentiality and strongly encourage all clients with specific questions about their case to email us directly at update@evansdisability.com. To speak in general terms, having a military disability can help a claimant's case. However, military disability is legally defined very differently from SSA disability. For example, military disability typically provides a percentage rating for different disabilities, which can add up to over 100%. For instance, 10% for back injury, 80% for PTSD, 20% for the left leg, etc. In the most basic terms, SSA asks if someone can work and perform Substantial Gainful Activity. SSA also has different expectations if someone can work depending on that person's age. (I.e, an 18-49 year old is looked at very differently than someone who is 50-54, 55-59, 60 plus). However, SSA is supposed to consider someone's VA disability as evidence, and it can be helpful. But it does not mean that if the VA finds you TDIU (Total Disability Individual Unemployability) /100%, it is an automatic win within SSA. (IT IS HELPFUL EVIDENCE) I hope this helps answer your question. We have extensive experience with VA disability cases/TDIU/100%, etc.). In fact, we have a former Social Security Judge on staff who is also a Veteran and occasionally handles VA cases. He has heard thousands of SSA cases. Additionally, 90% of our attorneys have handled over a thousand SSA cases, many of which include representing clients who also receive VA benefits. I strongly encourage you to reach out to us directly if you have any specific questions about your case. Please make sure to reference that we responded to you on our RUclips channel. Thank you!
Thank you for your response! This response on RUclips has given me faith that I am in good hands! Another question I have that could really help others is can Evans Disability get access to a veterans VBMS claims file? As of now that is the best medical evidence a disabled veteran has and the only way to receive it is to wait 6 months for a Freedom of Information Act request to be approved. Thanks again for your time
Unfortunately, we do not get access to a Veteran's VBMS file. We can request/order medical records from the VA with a clients authorization for release of information filled out and signed.
I just got denied for ssdi and I reapplied for ssi in late December ,thay started my application in January because of the holiday and I got denied for ssi on May 6th. My lawyer is gonna do an appeal "reconsideration " so I hope I get it. What's your take on this?
My case is 22 years old. Shocks in my wrists with manipulations - pressing - bending. Judge and VE in the last hearing said no jobs available - no employer would hire over extra needed resting breaks. Denied over and over. AG - magistrate Nov 2023 now said judge made the wrong decision and is ordering a new hearing. I wonder who holds the record for a case in the system.
I have the same thing I'm my left wrist. They called it dequerveins tendinitis. It was onset from carpool tunnel.
Hello what if you have a DUI but the Clinical Psychologist says and states in a letter an Oasis letter, states “she could not recommend the patient for treatment because he does not have a Drinking Problem” will this effect a SSI Case?
Marij and couple beers did not break my ankle and back and knee Total bs
Can I get your opinion on this scenario, where a person is waiting to appear before a judge for their appeal, and his DLI has since expired after the original claim was filed, but since then his symptoms for the disabilities listed in the claim have worsted. Will medical records that document worsening conditions and ambulatory devices after the DLI date be taken into consideration or will the judge only consider evidence up to the DLI date? For example, a person lists IBS as one of their original disabilities, but after the DLI date, said disability has worsened and now causes backpain, but the medication and ambulatory devices prescribed all came after the DLI date.
Great question!!! How long after the DLI does the condition become worse in your scenario? There is a difference in documented worsening after the DLI if it's within 1-3 months vs 2-3 years after the DLI. Most judges will take into consideration if the condition worsened very close to the DLI (but documented after the DLI). One can make an argument the condition was just as bad prior to the DLI but only documented after. Much more difficult to make that argument the further away you get from the DLI. Of course, if a person also has an SSI claim pending then the new information will be relevant. I need to note that every case is unique and different and this is not legal advice. We would need to analyze your claim before we can make any specific legal opinions.
I am currently a client with your firm. I have PTSD issues from the Army. I Am 100% P&T on TDIU. Does the military help my case or make it worse? Has Evans disability handled a case with TDIU? Thanks for your time
Thank you for your question. We appreciate the trust our clients place in us and take that trust very seriously. We value attorney-client confidentiality and strongly encourage all clients with specific questions about their case to email us directly at update@evansdisability.com.
To speak in general terms, having a military disability can help a claimant's case. However, military disability is legally defined very differently from SSA disability. For example, military disability typically provides a percentage rating for different disabilities, which can add up to over 100%. For instance, 10% for back injury, 80% for PTSD, 20% for the left leg, etc.
In the most basic terms, SSA asks if someone can work and perform Substantial Gainful Activity. SSA also has different expectations if someone can work depending on that person's age. (I.e, an 18-49 year old is looked at very differently than someone who is 50-54, 55-59, 60 plus). However, SSA is supposed to consider someone's VA disability as evidence, and it can be helpful. But it does not mean that if the VA finds you TDIU (Total Disability Individual Unemployability) /100%, it is an automatic win within SSA. (IT IS HELPFUL EVIDENCE)
I hope this helps answer your question. We have extensive experience with VA disability cases/TDIU/100%, etc.). In fact, we have a former Social Security Judge on staff who is also a Veteran and occasionally handles VA cases. He has heard thousands of SSA cases. Additionally, 90% of our attorneys have handled over a thousand SSA cases, many of which include representing clients who also receive VA benefits.
I strongly encourage you to reach out to us directly if you have any specific questions about your case. Please make sure to reference that we responded to you on our RUclips channel. Thank you!
Thank you for your response! This response on RUclips has given me faith that I am in good hands!
Another question I have that could really help others is can Evans Disability get access to a veterans VBMS claims file? As of now that is the best medical evidence a disabled veteran has and the only way to receive it is to wait 6 months for a Freedom of Information Act request to be approved.
Thanks again for your time
Unfortunately, we do not get access to a Veteran's VBMS file. We can request/order medical records from the VA with a clients authorization for release of information filled out and signed.
I just got denied for ssdi and I reapplied for ssi in late December ,thay started my application in January because of the holiday and I got denied for ssi on May 6th. My lawyer is gonna do an appeal "reconsideration " so I hope I get it. What's your take on this?
Thank you for the question. Did you appeal your SSDI case?
9:53 😮