Nampa Disability Lawyers
Nampa Disability Lawyers
Your chances for receiving your disability for neck, back or joint condition depends on the quality of the medical evidence you can present to Social Security. Not every doctor visit is the same. You should request a full physical examination at each visit that includes important observations that will support your complaints of pain and limitation. Contact one a Social Security Attorney in our Nampa Idaho office for an evaluation of your situation and what steps you can take to get your disability claim on track.
If you suffer from spinal symptoms, your examination should include observations from your doctor regarding the following:
- range of motion of the spine given quantitatively in degrees from the vertical position (zero degrees)
- straight-leg raising from the sitting and supine position (zero degrees),
- appropriate tension signs
- motor and sensory abnormalities
- muscle spasm
- deep tendon reflexes
Be aware that your doctor will also include observations during the examination such as how you get on and off the examination table, your Inability to walk on the heels or toes, to squat, or to arise from a squatting position. Your doctor should note atrophy by taking circumferential measurements of both thighs and lower legs, or both upper and lower arms, as appropriate. Atrophy also requires a measurement of the strength of the affected muscles based on a grading system of 0 to 5, with 0 being complete loss of strength and 5 being maximum strength. A specific description of atrophy of hand muscles should include measurements of grip and pinch strength.
Your condition will change over time and may respond to treatments. It is not enough to have a single evaluation, no matter how extensive, or to have several evaluations over a period of time, and then stop seeing your doctor. Social Security will want to see over the period of time you are claiming disability that your condition persists.
Major joints refers to the major peripheral joints, which are the hip, knee, shoulder, elbow, wrist-hand, and ankle-foot. It dos not include peripheral joints such as fingers or forefoot or axial joints such as the spine. The wrist and hand are considered together as one major joint, as are the ankle and foot. If your condition involves a major joint, you will want to have regular examinations as for these joints covering the aspects described above.
If you have a severe musculoskeletal condition that will qualify you for disability, you will almost certainly have tried several unsuccessful treatments. Your record should include, medical treatment (including surgical treatment) with documentation of its effectiveness in terms of the signs, symptoms, and laboratory abnormalities of the disorder, and in terms of any side effects from the treatment that create their own limitations.
Treatment and adverse consequences of treatment will vary widely. For example, a pain medication may reduce your pain to some degree, but will have side effects such as drowsiness, dizziness, or disorientation, that may make it impossible to work. Each case is different and must be document with objective observations from your doctor.
Hopefully your doctor’s note will contain a specific description of the drugs or treatment given (including surgery), dosage, frequency of administration, and a description of the complications or response to treatment. Because some effects of treatment may be temporary, review of your condition over a long period of time will be critical in establishing the nature of your condition.
If for whatever reason you have not received ongoing treatment, whether because of financial concerns or because you simply failed to see the need to continue seeing your doctor because you were not seeing improvement from your recommended treatment, etc, you need to begin seeing a doctor regularly while you await your hearing.
You need to do everything in your power to find a low-cost or no-cost clinic so that you can continue to documents your condition. In such cases, evaluation will be made on the basis of the current objective medical evidence and other available evidence. Even though may not receive treatment your doctor’s objective observations form a significant basis for showing an impairment that meets the criteria of one of the musculoskeletal listings.
Contact one of our Social Security Attorneys Nampa Idaho to discuss the specifics of your case. You will receive a consultation with an actual local Social Security Attorney.
Originally posted 2014-01-05 04:24:19.
Nampa, ID – If you file an initial claim with the Social Security administration and are denied, you must decide whether to appeal or not. A large percent of people are denied at the initial level, so it could be to your benefit to go on. If you have questions or need help with your claim, you can contact one of our Social Security disability lawyers office for Nampa, ID. They can help you make the best decisions when it comes to your case.
Before you appeal, you should consider what your chances of winning are. There are a few factors you must take into account. First, how severe is your disability? It will probably be helpful for you to review Social Security’s Medical Listing. If your impairment matches one listed or is close in severity, you have a good chance of winning an appeal. When considering your disability, be sure that it’s going to last at least a year. Injuries like bone fractures often heal within a few months, so even though they may prevent you from working, you will not be approved for disability benefits. Sometimes injuries take longer to heal than expected, so if your injuries have lasted almost a year by the time you are ready to appeal, you could still win. Our disability lawyers can help you decide if appeal is right for you.
There are other factors that you must consider beyond your actual disability. The first is your age. Generally, the older you are the easier it is for you to get approved. This is especially true if you are over fifty. This doesn’t mean, however, that you can’t get approved if you are a younger person. If your symptoms are severe enough or match something in the Medical Listing, you could still win. Another thing Social Security looks at is your education. The more education you have, the less likely you are to get approved, simply because you are capable of doing more skilled work, which generally requires less physical capabilities. If you haven’t worked for a long time in the area that you were educated in, then your education might not affect your case.
You must also consider your work experience. If you can return to any past work or are capable of doing other relevant work, you will probably be denied.
Finally, consider if it is really in your best interest to appeal. Even if you could be approved Social Security disability, you could still be capable of doing part time work somewhere. The money you could make from such a job could exceed the disability benefits Social Security would give you. Would you be better off trying to find part time work somewhere?
Carefully consider all of these things when deciding whether or not you should appeal. However, don’t give up just because you were denied initially. Remember that sixty percent of people are denied in the initial claim. After the initial claim, and especially at the hearing level, your chances of winning go up significantly. Also remember that it doesn’t cost anything to file an appeal with the Social Security administration. If you think you have a chance, you might as well do it.
If you do decide to appeal, remember that you must do it within sixty days of when you received the notice. You must have a good reason if you wait more than sixty days, and you will have to explain that reason and request that the Social Security administration extends the time limit.
The first level of appeal—also known as the reconsideration—is the quickest step because your case will just be reviewed by a different medical consultant examiner. You will usually get a decision within a few weeks or, if your DDS office is very busy, a few months. If you are denied again, the next level of appeal takes quite a bit longer. It’s at this level that your case will go before an administrative law judge, and this could easily take a year or longer. If you get denied again, then the next step is a federal court. This also usually takes a year, but it could take up to several years. The good news is that most people get approved at the second level of appeal.
If you do decide to appeal, our Social Security disability lawyers are here to help – Click Here.
Originally posted 2013-07-19 04:04:38.
NAMPA, ID – Disability lawyers know that when Social Security is reviewing your claim, they will consider any medical source from any medical provider you may have. However, in order for the statement to carry weight or for Social Security to trust a diagnosis, the medical source statement must come from something the Social Security administration calls acceptable medical sources. Social Security looks at reports from every medical provider who has treated you (these are called your treating sources), so it is important to collect medical source statements from them to establish your limitations and the severity of your symptoms. These medical source statements are very important when it comes to determining whether you will get Social Security disability benefits or not, so you need to know what sources Social Security considers acceptable medical sources. Call our disability lawyers in Nampa, Idaho for more information or help. The following is a list of acceptable medical sources.
• Licensed osteopaths. The person treating you qualifies as a licensed osteopath only if he or she has a valid license in the state that he or she practices and a D.O. degree.
• Certified or licensed psychologists. To be licensed, the psychologist treating you must have a doctorate degree in psychology. They must also be licensed in the state that they practice in. If your psychologist is establishing a mental disability (such a learning disability or a mental
retardation) then the certified psychologist may include a school psychologist.
• Licensed physicians. A physician is considered to be licensed if he or she holds an M.D. degree and a valid license to practice in the state that he or she lives in. It is important to note that homeopathic, chiropractic, or naturopathic providers do not qualify as licensed physicians and are not considered to be acceptable medical sources by the Social Security administration.
• Licensed optometrists. An optometrist is considered an acceptable medical source only if your disability involves visual problems. Even if this is the case, their measurements must be in combination with other records from an osteopath or medical doctor. They must hold an O.D.
• Licensed podiatrists. Similarly to optometrists, podiatrists are only acceptable medical sources if they are treating disabilities with impairments of the foot (sometimes the ankle is acceptable also, depending on the laws of the state that he or she practices). They must also have a D.P.M. degree and be licensed in the state in which they practice.
• Speech-language pathologists. Once again, a speech-language pathologist is only an acceptable medical source if they are establishing speech or language requirements. They must be fully certified in the state in which they practice.
It is important to also note the sources that Social Security does not consider to be acceptable medical sources. These include chiropractors, nurse practitioners, doctor’s assistants, clinical social workers, counselors and therapists. Your claim will be the strongest if the statement comes from one of the acceptable medical sources, but sometimes a non-acceptable medical source is all you have.
If this is the case, then it certainly isn’t a waste of time to collect statements from them as well. Even though they won’t carry as much weight for the judge as an acceptable medical source, they may still help establish the limitations resulting your from symptoms or of the severity of your medical conditions. However, keep in mind that non-acceptable medical sources are not able to establish that you have a medically determinable impairment. Call our disability lawyers in Nampa, Idaho with any questions or a free consultation.
Originally posted 2013-07-13 07:33:20.