Disability Cases

DISABILITY EASIER CASES TO WIN

By j.Skarda (713)223-5301 attorney Houston TX FF443. 2006/05/06

                This is a list of easier social security disability cases to win. It is in rough order with the easiest cases first. The three digit numbers are for the SS medical listing at 20 CFR 404.1525. Social Security pays benefits more easily for persons over age 55, less than high school and Untransferable work skills: vocational grids. Id. 404.1569. All impairments must last a full twelve months. We do advise you to file appeals and go to hearings. Do not reapply, appeal. Social security denies 70% of all applications, 39% /hearings.

  1. ABNORMALITIES OF TWO HANDS, TWO FEET OR ONE OF EACH. See double amputation 1.09: the most basic severity level. Missing one limb is not enough. Pain must make extremities this useless.
  2. ARTHRITIS with age over fifty five and swelling of the knuckles. 1.03. Xrays must document the arthritis.
  3. TWO BACK SURGERY CASES especially if the last surgery was recent and was a fusion rather than a laminectomy. ONE BACK SURGERY CASE with a very recent fusion and a year’s predicated recovery period –- closed period only. 1.05. C. Maybe PAIN CLINC.
  4. PAIN disorders equivalent to arthrithis, back surgeries or bone cancer. PAIN CLINC lasting six weeks. 1.03. 13.10.
  5. RESPIRATORY cases with emergency visits do doctors and hospitals to restore the ability to breathe every two months for a year. Medical gases and intravenous drips. 3.03. B.
  6. EPILEPSY cases with severe seizures and convulsions more the once a month or lighter ones more than once a week. 11.02 &3.
  7. PSYCHIATRIC impairments with 2.5 years of continuous treatment by a Psychiatrist, Mental Health & Men. Ret. / Harris Co. 713/970-7000 or university of Texas Mental Science Center 792-7979. 12. 00. E. Decompensation every three months lasting 2 weeks.
  8. OBESITY (328 lbs/m. 274 lbs/w) with xray evidence of arthritis, HEART impairment, varicose veins and respiratory impairment: 328 Lbs. Men: 274 Lbs.  women. 10.10 Before 199 revision. ML 1.00.F. 3.00.i. 4.00.F 328/men.
  9. TREMORES, fragility, precarious health, trembling, difficulty walking, an appearance of near death and great weakness. Bluvband, 730 f.2d 866 (2nd Cir. 1984). Van Horn, 717 F.2d 871.
  10. DIABETES with amputations, open sores healing in longer than three months, or age over 55 and very slow walking, stumbling gait, neuropathies. 9.08. 11.04. 11.14. NOTE see a dr. Every mth or 6 wks.
  11. CHILDREN: age 9-13, behind half of level of grades and mental combinations. 4th grade student at 2nd grade level. No behavioural disorders. 112.02. 1996 laws denied many. PL 104-193.
  12. OTHERS:, post polio, multiple sclerosis, lupus (esp. Kidney lupus), mental retardation IQ of 70 plus another impairment and combination of heart and obesity. 12.05. 11.09, 14.02. 9.09.
  13. 1996 LAWS DENIED may children, aliens entering after 08/96, and substance abusers even with 4.5 years treatment, longer confinements, binges more than once a month. I: GRIDS. PLN 104-193.

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DISABILITY WITNESSES AND LETTERS

By j.Skarda (713)223-5301 FF 180. Houston, TX 95/12/15

                A witness is worth many letters. But each should talk about the same things. Do not write a simple letter. A typed letter stating, “I have known Mr. Jones for 20 years; he is a hard worker and needs help because he is disabled,” signed by twenty or thirty people is not worth much. Nor are copies of the same letter signed individually.

To be helpful, the statement should be individual, should set out the relationship of the writer to the claimant, it should indicate in what way the writer has special knowledge, as well as the length of time the writer has known the claimant, and then should relate the knowledge and observations of the person who signs it. For example:

“I am Mary Jones. I live across the street from Linda Smith. I have known her for seven years. We worked together at the electronics company for five years. I saw her when she fell at the plant and hurt her back.”

“I go to see her every day. I cook dinner for her and her family at times and twice a week go over and help her into the bathtub, since she can’t get in or out of it by herself. I also take her to the doctor’s office each week, since she takes medicine that makes her too dizzy to drive, according to what she tells me.

“Linda Smith is an honest person, in my opinion, has been a good worker and appears to have financial difficulties since she had to stop work. I don’t believe she would be away from work if it weren’t necessary.

“She spends most of her time in bed and has quit going to church. It’s been over a month since I’ve seen her walking in her yard. Her main problem is with her back. She wears a back brace all the time. “Date. Signature. Address and phone.

The statement should be also dated and signed with the witnesses ‘address and phone number. Letters are especially helpful in pain cases, seizure, respirator and mental health cases.

There are six kinds of disability witnesses in order of persuasion: work related persons of influence, church related neighbours, family members, and finally social workers. Work related witnesses include supervisors, co-workers, personnel departments, unions, drivers, vocational counsellors and educators. Persons of influence are often either elected like city councilpersons or civic club leaders or appointed like police officers, teachers or business owners.

CITATIONS: “Enterprises, P.O Box 2212, 72203, $6.00). Mims v. Califano, 581 F.2d 1211 (5th Cir. 1978). White v. Gardner, 389 F.2d 906 (6th Cir. 1968).