Will I need a Disability Attorney to File my Appeal in Federal District Court?

Posted on April 1, 2011 by Editorial Board

No.  Disability claimants can appeal their case to federal court without a disability lawyer.  However, it is unlikely they will succeed.  Federal court appeals are the most complicated and difficult level of the disability claim process.  It takes much time and effort as well as thorough knowledge of disability case law and federal regulations.  As a result, even many disability attorneys are unwilling to fight a disability claim in federal court.

There are other considerations that should make one pause before attempting a federal court appeal without an attorney.  Unlike hearings before a Social Security disability judge or an appeal to the Social Security Appeals Council, federal court cases are “adversarial proceedings”.  An adversarial proceeding is one in which two parties with opposing interests each try to persuade the judge that they are right and the other side is wrong.  Most legal proceedings are adversarial, such as criminal cases, divorces, and personal injury suits.

When someone appeals a disability case to federal court they are actually suing the Commissioner of the Social Security Administration.  The Commissioner is represented by the United States Attorney’s Office and the Office of General Counsel.  To appeal a case to federal court you must go up against an experienced government attorney and persuade the U.S. District Court Judge that federal case law and regulations support your position, not the Commissioner’s.

Perhaps the most difficult aspect of appealing a disability case to federal court is meeting your burden of proof.  The burden of proof is what you must show the court in order to win your case.  In a federal court appeal for a Social Security disability claim you must show that the disability judge that heard your case acted contrary to federal regulations or case law.  The Court will not reconsider all of the evidence, substituting for the ALJ.  If there is substantial evidence to support what the ALJ decided and you cannot show a serious procedural violation by the ALJ, you will not be able to win your case in federal court.

Posted in Appealing a SS Decision, Legal Concepts in SSD, Why People Are Denied | Comments Off on Will I need a Disability Attorney to File my Appeal in Federal District Court?

Grand Mal Seizures Can Lead To Social Security Disability Benefits

Posted on March 29, 2011 by Editorial Board

Grand mal seizures involve the whole body and a loss of consciousness often occurs along with muscle contraction and stiffness. Grand Mal seizures also called tonic-clonic seizures occur due to electrical disturbances within the brain of a person. The severity and type of symptoms experienced by each person largely depends on the part of brain being affected by such disturbances of electrical charges within the brain.

The exact cause of Grand mal seizures is still unknown. However, past head injuries, brain tumors, strokes, infections involving brain tissue, and even extreme low levels of glucose, calcium, or sodium may lead to such seizures.

There are a wide variety of symptoms of grand mal seizures depending on what part of the brain is affected by abnormal electrical disturbances.  Here are some of the commonly seen symptoms of people who suffer from grand mal seizures:

  • Muscle stiffness
  • Rapid heart beat
  • Falls
  • Whole body spasms
  • Jerking muscles
  • Biting the tongue
  • Frothing at the mouth
  • Urination
  • Rolling back of Eyes
  • Clenched teeth and jaw
  • Confusion
  • Headache, weakness, confusion, and loss of memory after a seizure episode is over

Symptoms in some but not all patients include a warning feeling (aura) before a grand mal seizure, a scream, or unresponsiveness after convulsions.  People who are present around a person undergoing a grand mal seizure should first call for medical help, and then gently roll the person onto one side.  Avoid putting anything in the mouth, and do not try to restrain movements during a seizure.

A number of complications are associated with grand mal seizures including: biting of the tongue and inside the cheeks, and injury while falling or during uncontrolled body movements.  Joint dislocations, fractures, head injuries, and other such injuries may occur after these individuals fall down.  More injuries may result due to extensive uncontrolled movements during grand mal seizure episode.

Individuals with a history of grand mal seizures are recommended not to swim, drive, or operate equipment.  Most doctor’s give people written notice advising them not to drive if they are in treatment for seizure disorders.

People with a history of grand mal seizures can win Social Security Disability or SSI disability benefits depending on functional limitations due to this medical condition and the frequency of their seizures.  There is a listing for seizures within Social Security’s blue book of listed impairments.  The listing discusses the frequency of seizures despite sustained treatment (usually anticonvulsant medication) that a person needs to be suffering from to win their benefits.  The seizure listing however is not the only way someone with seizures can win disability benefits.  The law also allows Social Security Administrative law judges (ALJs) to consider if the person could sustain full time work over the long run.  When considering this issue even if your seizures are not at a listing level they could be bad enough to not allow sustained competitive work.

Posted in Neurological Disorders | Comments Off on Grand Mal Seizures Can Lead To Social Security Disability Benefits

Diabetic Neuropathy: A Painful Problem of Diabetes

Posted on March 25, 2011 by Editorial Board

The pain that accompanies diabetes is usually due to damage to the nerves as a result of prolonged high glucose levels. This damage, called neuropathy, causes sensations that may be painful, and can have other more serious consequences. Diabetic neuropathy may also contribute to painful bone and joint disorders. Peripheral neuropathy and autonomic neuropathy are the two types of diabetic neuropathies.

Peripheral Neuropathy

Peripheral neuropathy most commonly affects the feet and legs, but can also affect the hands. While most people with diabetic peripheral neuropathy do not feel pain, some do feel numbness, tingling, burning, a “pins and needles” sensation, or pain. People with diabetes usually have legs that are not sensitive to heat and cold, yet very sensitive to even a light touch. Their leg muscles may become weak, and they may develop sores or ulcers that are slow to heal. The pain and burning sensation can become severe if untreated. Peripheral neuropathy can have serious consequences up to and including amputation.

If you have diabetes, you can take steps to prevent peripheral neuropathy:

  • Wash your feet and check them for blisters, cuts, and calluses every day. Have your doctor examine your feet at least once a year.
  • Apply lotion to your feet if they are dry, but keep the skin between the toes dry.
  • If you have a sore on your feet or wounds that doesn’t go away in a few days contact your doctor because it is very important to avoid an infection.
  • Regularly trim your toenails straight across.
  • Don’t go barefoot. Wear shoes and clean, dry socks, even indoors.
  • Wear shoes that fit properly so you don’t get blisters. Some people will get special shoes prescribed for people with diabetes.
  • Quit smoking if you smoke.
  • Control your blood sugar, blood cholesterol, and blood pressure.

Autonomic Neuropathy

Autonomic neuropathy usually affects the nerves of the digestive system, heart, blood vessels, urinary system, and sex organs. Symptoms and treatments depend on the part or parts of your body involved. Problems to look for include chronic constipation or diarrhea, problems with urination and with sex, faintness or dizziness when you first stand up, and changes in the way you sweat. Keeping your blood glucose levels under control is the best way to prevent autonomic neuropathy.

Treating Diabetic Neuropathy

About half of all people with diabetes have some nerve pain that interferes with life’s daily activities. Pain from diabetic neuropathy can be bad enough to be disabling for some. Exercise, diet, and glucose control are the first steps to treating diabetic neuropathy. While there is no cure for diabetic neuropathy, doctors can suggest medications and lifestyle changes that can help you cope with the pain and discomfort.

Posted in Endocrine System | 1 Comment

Rheumatoid Arthritis Treatment Can Relieve Pain, But Not Always

Posted on March 23, 2011 by Editorial Board

Rheumatoid Arthritis (RA) affects millions around the globe and has no cure. It is a chronic disease and can affect body organs but the most notable problem areas are joints. There is no single cause known for this health problem. It can affect anybody at any age but chances of having it increase with advancing age. Also, women are more predisposed than males to get RA.

The symptoms of RA develop gradually, and show no single pattern in all patients. In some the symptoms alternate with unpredictable periods of relief, in some these symptoms never go away and become a part of a patient’s daily life. Therefore, the onset of symptoms, their severity, pattern, and resulting disability vary significantly from one person to other.

Although no cure is available, treatment remains the cornerstone to lessen the pain and discomfort due to this sometimes crippling disease. The treatment usually includes conventional drugs and other non-drug alternatives. In rare cases surgery may be necessary to relieve the severity of symptoms.

If you’re having pain from rheumatoid arthritis, your healthcare professional will plan a treatment protocol on the basis of your individual case. After taking a complete history, physical exam, and laboratory testing, a treatment plan is devised to manage this problem to help you maintain the best quality of life possible.  If you are having some concurrent diseases like diabetes or a heart problem, the treatment will need to be tailored accordingly.

The major goal of RA treatment is to control your pain and stiffness along with other symptoms to improve quality of life and to facilitate your ability to perform daily tasks including your work. Minimizing or eliminating the inflammation—a predominant sign of rheumatoid arthritis—is the major step towards successful management of RA. Such treatment will halt or reduce the inflammation process and resulting damage to your joint cartilage and other structures.

The treatment of rheumatoid arthritis usually includes non-steroidal anti-inflammatory drugs also commonly called (NSAIDs), disease modifying anti-rheumatic drugs (DMARDs), and biologic response modifiers along with proper rest, moderate regular exercise, a good nutrition plan, and sometimes even physical therapy and or counseling.

Unfortunately, RA is a progressive disease, meaning it usually gets worse over time, and it has no known cure. The symptoms in the majority of patients are often gradual and progressive. Even with treatment, inflammatory processes continue at some level. Continuous inflammation damages joint structures and other body organs and often such damage is non-reversible and permanent.

As a result of chronic long term RA patients may suffer extremely discomforting stiffness of joints, loss of joint function, and chronic pain. These severe problems and limitations they create is why rheumatoid arthritis is a leading cause of people filing for and winning Social Security Disability benefits.

Posted in Bone & Joint Problems | Comments Off on Rheumatoid Arthritis Treatment Can Relieve Pain, But Not Always