got a “fully favorable” opinion from the Social Security Administration.
This hard-working teacher had been diagnosed with diabetes and had symptoms consistent with peripheral neuropathy such as tingling, numbness, and pain. The diabetic neuropathy, when coupled with her osteoporosis, thyroid symptoms, breast cancer protocol and visual impairment, all lead to unpredictable falls (even walking with a cane), dropping small objects when her hands suddenly give out, the need to lie down and rest even when reading, the inability to absorb and retain information, and difficulty with fine manipulation. Her medical needs and treatment require 7-8 health care provider appointments per month, which, Landau argued to the Federal Judge, in and of itself would preclude substantial gainful employment on any competitive full-time, consistent basis.
Both the Attending Physician and the Social Security’s own retained expert noted the woman’s visual disability. The SSA’s 2010 Consultative Examination Report stated that there is “some relevant visual and communicative limitation including poor concentration and memory, and poor vision.” Landau noted that the lay witness testimony was compelling and uncontroverted.
Even where the Federal government has retained medical, vocational, and other experts to give evidence against the disabled wage-earner, truly impaired claimants can win if the case is worked up properly and sufficient reparation for the Administrative Law Judge Hearing is undertaken.
“These cases are not easy or cheap,” notes Lawyer Landau, “and only experienced lawyers who can spend the time, effort, resources, staffing and money should try them. The stakes are just too high to trust to some high-volume firm or non-lawyer representatives who may not have any medical training, mandatory CLE requirements or even liability insurance!”
If you or someone you know or care for is disabled and there are questions about eligibility for Social Security Disability benefits, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.