This last “hurdle” is not cleared simply because a doctor has written that the patient “cannot work.” The Federal judges require specific facts and examples rather than broad conclusions and generalities. In a recent case tried by Doug Landau in Columbia, South Carolina, he won the case by proving these facts:
A. His client was presently unable to stand, walk or sit for any length of time.
B. His client’s employment history was limited primarily to warehouse inventory control
C. Because of his impairments, his client tired easily and became quickly fatigued.
D. The claimant takes multiple medications which can cause drowsiness, fatigue, blurred vision, and interrupted sleep.
E. Some stooping is required to do almost any kind of work and Mr. Landau’s client cannot stoop.
F. Most light and sedentary occupations require at least occasional stooping and crouching.
G. Significant limitations like those affecting Mr. Landau’s young client impinge on any range of work and eliminate large numbers of occupations a person could otherwise perform.
H. The claimant is required to lie down during the day due to his illness.
J. The young man represented by Landau must take unscheduled breaks during the day, which would interrupt any production or regular work schedule.
K. The claimant would miss 4 days per month from any work according to his treating doctors.
The Federal Administrative Law Judge (“ALJ”) in South Carolina ruled from the bench that Mr. Landau had proven that his client’s impairments prevent him from engaging in substantial gainful employment (work for pay), both the types of work he did before and other types of work. After Landau returned to the “Landau Law Shop” in Virginia, he received in the mail a “Fully Favorable Opinion” awarding full Social Security Disability income benefits to his client in Columbia.
If you or someone you know needs assistance with a Social Security case because of disability, please call us at ABRAMS LANDAU, Ltd. (703-796-9555) or e-mail us at once (Dianna@LandauLawShop.com). Delay can cost you benefits you have already paid for and can even lead to the denial of a claim altogether.