SOCIAL SECURITY DISABILITY INCOME CASES
If you believe you may be entitled to Social Security disability benefits, an experienced lawyer can help you successfully navigate the bureaucracy inherent in the process. Abrams Landau, Ltd. is familiar with the Social Security regulations, and knows which parts of the process can prove most difficult. The following are some of the social security disability cases Douglas Landau has managed. Please contact us if you would like to further discuss your social security disability claim.
· Devaney vs. Social Security Administration – Mental Illness
· Pelasera vs. Social Security Administration – Firefighter Back Injury
· Doan vs. Social Security Administration – Vocational Disability
· Potts vs. Arlington School Board – Teacher Suffers Alleged Brain Damage
· Ortberg vs. A. H. Robins – Diet Drug Phen Fen Incapacitates Executive
DEVANEY VS. SOCIAL SECURITY ADMINISTRATION – MENTAL ILLNESS
Office of Hearings and Appeals, Washington, D. C.
Federal Administrative Law Judge C. J. Sturek
Injuries alleged: Central Auditory Processing Disorder (CAPD)
Verdict or Settlement: Benefits Awarded
Facts: Claimant sought Social Security Disability Income benefits after being rejected several times by the Federal Government for CAPD, depression, etc. Because of his young age (38), high level of education and work history, significant testimony was elicited from a retired nurse who had personal knowledge of the claimant’s condition. The absence of outward physical disability and the unique nature of the claim required significant input from the treating and examining medical examiners. Dr. Chamandy’s analysis and Bank Depression Inventory provided helpful evidence as did IQ and other testing by the Virginia Department of Rehabilitative Services.
Expert Witnesses:
Defense: Adina Platt Leviton, Rehabilitation and Vocational Expert, McLean, VA
Arnold Small, Psychological Assesment, Reston, VA
Plaintiff: Dr. A. Cheema, Family Practice, Herndon, VA
Dr. V. Chamandy, Ph.D., Clinical Psychologist, Manassas, VA
Special Comments: The Federal judge found the claimant had impairments which were considered “severe” under Social Security Regulations: bipolar disorder, central auditory processing disorder (diagnosed as mixed receptive expressive language disorder[DSM IV 315.32]), reading disorder [DSM IV 315.00], mathematics disorder [DSM IV 315.1] disorder of written expression [DSM IV 315.2]. These combined to support the allegations of mental limitations as set forth in “Part B” of the mental listings of disability under Social Security: marked restriction of activities of daily living; marked difficulties in maintaining social functioning; marked difficulties in maintaining concentration, persistence or pace; and episodes of decompensation of extended duration.
PELASERA VS. SOCIAL SECURITY ADMINISTRATION – FIREFIGHTER BACK INJURY
Injuries alleged: Lumbar spine / herniated disc
Office of Hearings and Appeals, Charlottesville, Virginia
Federal Administrative Law Judge Thomas J. Mancuso
Verdict or Settlement: Benefits Awarded
Facts: The 35-year-old firefighter with Arlington County injured his back and then re-injured it while carrying a woman on a stretcher up a flight of stairs. The pain radiated from his back into his right leg and down to his right foot. He had surgery for a herniated disc at L5-S1, but he did not do well after the surgery. An MRI revealed significant epidural fibrosis around the S1 nerve root. Neurosurgeon Donald Hope opined that the scarring is not amenable to surgery and that the scar tissue would likely cause persistent and continued pain. The claimant subsequently fell and had surgery for a torn medial meniscus as the result of his leg giving out due to the radiculopathy.
Expert Witnesses:
Plaintiff:
Leo Van Herpe, M.D., Orthopaedics, Arlington
Donald Hope, M.D., Neurosurgery, Reston and Fairfax
Robert Emma, M.D., Psychiatry, Washington, D.C.
L. Trice Gravatte, IV, M.D., Family Practice, Warrenton
David Snyder, M.D., Orthopaedics, Warenton
Mayo Friedlis, Physical Pain & Medicine, Falls Church
Eammon McEvilly, Vocational and Rehabilitation Consultant, formerly with the Virginia Department of Rehabilitation Services
Special Comments: The Federal Judge found the claimant had impairments which were considered “severe” under Social Security Regulations. The claimant’s symptomology lasted more than 12 months and satisfied the requirements of §1.05 C, Disorders of the Spine, under Disability Evaluation. His witnesses, all in uniform, also made a favorable impression upon the Administrative Law Judge.
DOAN VS. SOCIAL SECURITY ADMINISTRATION – VOCATIONAL DISABILITY
Injuries alleged: Cervical and lumbar spine stenosis
Office of Hearings and Appeals, Washington, D. C.
Federal Administrative Law Judge Christine Benagh
Verdict or Settlement: Benefits Awarded
Facts: 51-year-old claimant sought Social Security Disability Income benefits after being rejected several times by the Federal Government for backache, neck pain and depression. The claimant’s vocational expert’s report concluded that he was “not employable.” Under Federal law, his age placed him in the category “closely approaching advanced age, 50-54” and his illiteracy, limited education in Viet Nam and job history of waiting tables and maintenance work were all helpful factors.
Expert Witnesses:
Defense:
Tanya Hubacker, Rehabilitation and Vocational Expert, Bethesda, MD
Plaintiff:
Dr. A. Cherrick, Chief of Pain Management, Alexandria Hospital, VA
Dr. Sang Van Tran, Internal Medicine, Falls Church, VA
Adina Platt Leviton, Ph.D., Vocational and Rehabilitation Consultant, McLean, VA
Special Comments: The Federal judge found the claimant had impairments which were considered “severe” under Social Security Regulations. The judge also found that there were “no jobs existing in significant numbers in the national economy which the claimant is able to perform.” The claimant was thus not found disabled under the medical regulations, but ruled disabled under vocational guidelines and awarded full benefits.
POTTS VS. ARLINGTON SCHOOL BOARD – TEACHER SUFFERS ALLEGED BRAIN DAMAGE
Public School teacher alleging brain damage from slip and fall settles workers compensation claim after multiple hearings against local governmental entity. Case compromised for $100,000.00 after we won Federal benefits for the client at the Washington, D. C. Administrative Law Judge Hearing on her Social Security Disability claim.
DEAN VS. – ROCKET PROPELLANT WORKER SUFFERS METAL POISONING FROM EXPOSURE WORKING ON “STAR WARS”
Federal District Court, Western District of Florida, Tampa Division, Berylliosis claim won in Tampa, Florida Federal Court for Virginia rocket propellant worker after seven years of litigation. Attorney’s fees awarded in successful Social Security Disability case.
ORTBERG VS. A. H. ROBINS – DIET DRUG PHEN FEN INCAPACITATES EXECUTIVE
Successful representation of executive incapacitated by PhenFen diet drug ingestion before the Federal Social Security Administration.