If you have COPD, chronic obstructive pulmonary disease or asthma you may be so ill that you are filing a Social Security Application. As a Cincinnati social security attorney I just won a case in front of the administrative law judge for a client with COPD and Asthma.
My social security disability client had been turned down and did not know what to do. She did the right thing and timely got to a Social security disability lawyer. I appealed her denial. I questioned her in detail about what her restrictions were.
One of the critical things I learned was she had good days and bad days. Some days she could go out and garden. Other days her breathing was so labored she just stayed quiet and in bed.
If you saw her on her good days you would thing she could work. She readily admitted she could do a sit down job on those days. Of concern in winning her case was the pulmonary function testing on spirometry testing only showed mild to moderate difficulty. She did not meet a listing. A listing is a baseline designation of inability to work given certain test results or other clinical findings.
The judge asked the vocational expert hypothetical questions. Based on those question the VE said she could work. I cross examined the VE with the information I learned from my client about the frequency of her bad days. He agreed with me that she would not be able to hold a job given the amount of bad days that would prevent her from coming to work.
When your financial future is at stake for your social security disability application benefits please call me for free advice at 513-621-2345
Watch this video on the social security disability application in Cincinnnati that I prepared for you.
Disclaimer. Just because I won this social security disability application case does not mean to imply that I will win yours. there are never any guarantees. But I do promise to fight with all my heart for you. I know what this means to you.
Saturday, June 2, 2012
Saturday, May 19, 2012
Social Security Disability Benefits In Cincinnati Are Hard To win
As a Cincinnati social securitty disability attorney I know that social security disability benefits are difficult to win. Recently an oped piece in USA today attacked the social security disabiliy system allowances as being based on recession. This is just misguided.
After practicing social security law for 30 years I have never had a client that could work get granted benefits. Although I have thought worthy claimants had been denied. This is born out by reversals and remands by the apppeals council of disallowances by the administrative law judge.
At one point the articlestates, " The appeals phase appears to be particularly problematic. In recent years, judges have been overturning the initial rejection rates at about 60 %. Their decisions vary wildly from region to region and judge to judge. A few judges approve virtually all the cases they hear — making them equivalent of "easy A" professors."
The truth is very few judges are pushovers and many judges only grant 30% of the cases they hear. Part of the reason for judges granting benefits is that it is where a Cincinnati social security disability lawyer can be most successful. A lawyer can put all his skills to work in front of the judge.
Today's Social Security Disability Insurance bureau is huge, costly and with flaws. But it deserves to be improved, not berated. Claimants' representatives play an important role by discouraging poor applications and helping those who can prove disability navigate a difficult an often unfair bureaucracy.
By Anthony Castelli Cincinnati social security disability lawyer. Call today for a free case evaluation and to file in our office to avoid standing in line at the social security office. 513-621-2345
After practicing social security law for 30 years I have never had a client that could work get granted benefits. Although I have thought worthy claimants had been denied. This is born out by reversals and remands by the apppeals council of disallowances by the administrative law judge.
At one point the articlestates, " The appeals phase appears to be particularly problematic. In recent years, judges have been overturning the initial rejection rates at about 60 %. Their decisions vary wildly from region to region and judge to judge. A few judges approve virtually all the cases they hear — making them equivalent of "easy A" professors."
The truth is very few judges are pushovers and many judges only grant 30% of the cases they hear. Part of the reason for judges granting benefits is that it is where a Cincinnati social security disability lawyer can be most successful. A lawyer can put all his skills to work in front of the judge.
Today's Social Security Disability Insurance bureau is huge, costly and with flaws. But it deserves to be improved, not berated. Claimants' representatives play an important role by discouraging poor applications and helping those who can prove disability navigate a difficult an often unfair bureaucracy.
By Anthony Castelli Cincinnati social security disability lawyer. Call today for a free case evaluation and to file in our office to avoid standing in line at the social security office. 513-621-2345
Thursday, May 10, 2012
Social Security Disability Application Winning Your Heart Attack Claim by Cincinnati SSI Lawyer
Winning a Social security disability claim for a heart attack is not always easy. There are two ways to win your case if you have asked the question, "Do I have a claim for social security disability for my heart attack." As in all cases you must prove you can not perform gainful employment for one full year.
The two ways to win your case are either 1) to prove you meet a cardiovascular listing or 2) if you do not meet the listing to prove that you are incapable of your former work and and work that exists in significant numbers in the economy because of your limitations.
The cardiovascular listing must result from one or more of four consequences of heart disease:
1. Chronic heart failure or ventricular dysfunction
2. Discomfort or pain due to myocardial ischemia, with or without necrosis
3. Syncope or near syncope, due to inadequate cerebral perfusion from any cardiac cause
4. Central cyanosis due to right to left shunt, arterial desaturation. or pulmonary vascular disease.
Listing 4.0 heart cardiovascular problems lists 11 distinct categories that you can meet including chronic heart failure, hypertensive cardiovascular disease, recurrent arryhthmias among the 11.
Some of the more significant evidence social security looks at is x-rays of cardiac enlargement, stress test and ejection fraction. A left ventricular ejection fraction of 30 % or less is a good indicator of lisitng level severity for the residuals from a heart attack This usually needs to be recorded 3 months after the cardiac event.
This link will get you to the complete cardiac listing. http://www.ssa.gov/disability/professionals/bluebook/4.00-Cardiovascular-Adult.htm
For more complete information about your social security application go to our Cincinnati Social security disability learning center .
As a social security attorney for over 30 years I would be happy to meet with you at no cost to see if I can help you win your claim.
Anthony Castelli Attorney Cincinnati social Security law
8170 Corporate Park Drive #220
Cincinnati, Ohio
513-621-2345
The two ways to win your case are either 1) to prove you meet a cardiovascular listing or 2) if you do not meet the listing to prove that you are incapable of your former work and and work that exists in significant numbers in the economy because of your limitations.
The cardiovascular listing must result from one or more of four consequences of heart disease:
1. Chronic heart failure or ventricular dysfunction
2. Discomfort or pain due to myocardial ischemia, with or without necrosis
3. Syncope or near syncope, due to inadequate cerebral perfusion from any cardiac cause
4. Central cyanosis due to right to left shunt, arterial desaturation. or pulmonary vascular disease.
Listing 4.0 heart cardiovascular problems lists 11 distinct categories that you can meet including chronic heart failure, hypertensive cardiovascular disease, recurrent arryhthmias among the 11.
Some of the more significant evidence social security looks at is x-rays of cardiac enlargement, stress test and ejection fraction. A left ventricular ejection fraction of 30 % or less is a good indicator of lisitng level severity for the residuals from a heart attack This usually needs to be recorded 3 months after the cardiac event.
This link will get you to the complete cardiac listing. http://www.ssa.gov/disability/professionals/bluebook/4.00-Cardiovascular-Adult.htm
For more complete information about your social security application go to our Cincinnati Social security disability learning center .
As a social security attorney for over 30 years I would be happy to meet with you at no cost to see if I can help you win your claim.
Anthony Castelli Attorney Cincinnati social Security law
8170 Corporate Park Drive #220
Cincinnati, Ohio
513-621-2345
Wednesday, April 4, 2012
Seriously Injured Accident Victims May Need a Social Security Lawyer
If you have wrongfully suffered a personal injury and are so
hurt that you will not be able to work for one full year you may also want to
hire a social security lawyer. As a Cincinnati personal injury lawyer and Cincinnati social security attorney for over
30 years, there have been occasions
where my client had a bad injury from a car accident or other injury and could
not work.
Having experience in both areas of law helped me guide my
client, not only in the initial personal injury case they hired me for, but I
was also able to help them with their Socialsecurity disability application.
If it appears that the personal injury victim may not be able
to work for one full year then they may be able to get social security
disability benefits. Usually it takes a long time to get approved so it’s wise
to file as soon as you think you are at risk for not being able to work for one
full year.
Clients have told me it’s nice to be able to deal with one
lawyer for two different types of cases. It’s also helpful to the lawyer to
know what evidence is being produced in each case. This avoids duplication as
well as surprises.
One thing good personal injury lawyers do is try to help
solve all of their client’s problems. Sometimes this means finding them a great
attorney in another area of law because of a problem created by their personal
injury. Sometimes it means for the lawyer to handle a second issue themselves if they are capable.
It’s important to know that if you are seriously injured
there may be a federal social security disability benefit that you can access.
This does not mean you have to take it forever. Once you have healed up
sufficiently, there is a 9 month trial work period. SSDI will pay you while you attempt to get
back in the work force for the first nine months that you work after your
injury.
By Anthony Castelli Attorney Serious Accident and Injury Law and Social security disability applications
Cincinnati, Ohio 513-621-2345 Let me help you get your life back and get on firm financial footing.
Monday, March 26, 2012
Should Children Concieved After Death Get Social Security Survivors Benefits
There is a raging controversy as to whether a child concieved after the death of their father should get social security survivor benefits. This is a different benefit from social security disability. When a parent dies with enough covered quarters the child under 18 is generally entitled to a survivor's benefit.
But what about children that are conceived after the death of the father. This can come about when artificial insemination is done from the father's sperm. If the child was conceived before the parent's death there is no issue. But when the child was not in the mother's womb before death there is a big issue that that the United States Supreme Court has heard. Follow this link to the transcript of the oral arguement in the Unuted States Supreme Court on survivor's benefits .
Despite a lot of legal jargon a member of the Linkedin social security group felt it came down to this arguement:
" It seems apparent to me that the key is that the kids were conceived after the death of the husband. I don't think the Supremes are going to set that precedent. It's a completely different situation than one where the wife is pregnant when the husband dies since in that situation, she is expecting that the husband's income will be used to support the kids. When you conceive after the husband is already dead, you know going into it that the husband cannot support the kids as he is not alive. The whole point of survivor benefits is to make up for the parent's income that was supporting the children."
Certainly a very interesting topic and there are more than 100 cases pending before Social Secuity Administration right now. As a Cincinnati social security lawyer I work mostly in the area of disability benefits which focuses on the claimant's inability to work. Did you know that a widow can get benefits on her deceased husband's earnings if she becomes disabled between age 50-60. This is a different scenario all together than survivor's benefits.
So comment here and tell me what you think or if you are unable to work for one for one year iIwould be happy to help you seek Social security disability benefits in Cincinnati .
Anthony Castelli Attorney
8170 corporate Park Drive #220
Cincinnati, Ohio 45242 It costs nothing to speak with Anthony Castelli
513-621-23
Let Us Help You Get Social Security Disability Benefits
But what about children that are conceived after the death of the father. This can come about when artificial insemination is done from the father's sperm. If the child was conceived before the parent's death there is no issue. But when the child was not in the mother's womb before death there is a big issue that that the United States Supreme Court has heard. Follow this link to the transcript of the oral arguement in the Unuted States Supreme Court on survivor's benefits .
Despite a lot of legal jargon a member of the Linkedin social security group felt it came down to this arguement:
" It seems apparent to me that the key is that the kids were conceived after the death of the husband. I don't think the Supremes are going to set that precedent. It's a completely different situation than one where the wife is pregnant when the husband dies since in that situation, she is expecting that the husband's income will be used to support the kids. When you conceive after the husband is already dead, you know going into it that the husband cannot support the kids as he is not alive. The whole point of survivor benefits is to make up for the parent's income that was supporting the children."
Certainly a very interesting topic and there are more than 100 cases pending before Social Secuity Administration right now. As a Cincinnati social security lawyer I work mostly in the area of disability benefits which focuses on the claimant's inability to work. Did you know that a widow can get benefits on her deceased husband's earnings if she becomes disabled between age 50-60. This is a different scenario all together than survivor's benefits.
So comment here and tell me what you think or if you are unable to work for one for one year iIwould be happy to help you seek Social security disability benefits in Cincinnati .
Anthony Castelli Attorney
8170 corporate Park Drive #220
Cincinnati, Ohio 45242 It costs nothing to speak with Anthony Castelli
513-621-23
Let Us Help You Get Social Security Disability Benefits
Monday, March 12, 2012
How To get Social Security Benefits For Multiple Sclerosis - It' MS Awareness Week
If you have multiple sclerosis you may be struggling to continue working and would like to know how to get social security disability benefits for MS. Or you may have had to stop working and want to know how to apply for social security disability benefits in Cincinnati or other areas . Finally you may have applied for social security disability benefits and been denied and do not know what to do .
The Most Important thing you can do is hire an experienced Social Security Disability Lawyer
In each of the situations I describe it is imperative to know how to "beat the system" . By that I mean you want every tip and trick to be in your arsenal to help you win. Social security denies those that are deserving but did not do the right thing. As a Cincinnati social security lawyer for over 30 tears you can bet I have some tips and techniques I use to win as many cases as a can. No one wins every time, but you can increase your odds and you really have nothing to loose. The attorney fee is only paid out of any back benefits you are entitled.
CLICK HERE SO WE CAN START HELPING YOU On YOUR SOCIAL SECURITY APPLICATION
You will also have access to three free videos and articles like:
7 critical mistakes that can ruin your social security claim.
5 Keys to Winning Your Social Security Claim
GET OUR HELP TODAY. GET IT RIGHT. RIGHT NOW . There may not be a second chance.
Call 1-800-447-6549
Anthony Castelli Attorney
8170 Corporate Park Drive #220
Cincinnati, Ohio 45242
513-621-2345
The Most Important thing you can do is hire an experienced Social Security Disability Lawyer
In each of the situations I describe it is imperative to know how to "beat the system" . By that I mean you want every tip and trick to be in your arsenal to help you win. Social security denies those that are deserving but did not do the right thing. As a Cincinnati social security lawyer for over 30 tears you can bet I have some tips and techniques I use to win as many cases as a can. No one wins every time, but you can increase your odds and you really have nothing to loose. The attorney fee is only paid out of any back benefits you are entitled.
CLICK HERE SO WE CAN START HELPING YOU On YOUR SOCIAL SECURITY APPLICATION
You will also have access to three free videos and articles like:
7 critical mistakes that can ruin your social security claim.
5 Keys to Winning Your Social Security Claim
GET OUR HELP TODAY. GET IT RIGHT. RIGHT NOW . There may not be a second chance.
Call 1-800-447-6549
Anthony Castelli Attorney
8170 Corporate Park Drive #220
Cincinnati, Ohio 45242
513-621-2345
Thursday, March 8, 2012
Social Security Lawyer in Cincinnati on Certified Nurse Practitioner Value
As a Cincinnati social security lawyer I read hundred of medical records. These are records I get for my social security disability clients that are filing for social security disability. I order these records from their doctor's offices because medical evidence is critical.
More and more I see that a nurse practitioner has been the person seeing my social security applicants. This is an issue since their "testimony" is not as strong as a medical doctor. In fact there is a social security ruling on this issue.
Here is the complicated ruling. you can skip to the end and I'll tell you what it means and what to do.
The SSR 06-3P states:
In addition to evidence from “acceptable medical sources,” we may use evidence from “other sources,” as defined in 20 CFR 404.1513(d) and 416.913(d), to show the severity of the individual's impairment(s) and how it affects the individual's ability to function. These sources include, but are not limited to:
• Medical sources who are not “acceptable medical sources,” such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, and therapists; and
• “Non-medical Sources” including, but not limited to:
• Educational personnel, such as school teachers, counselors, early intervention team members, developmental center workers, and daycare center workers;
• Public and private social welfare agency personnel, rehabilitation counselors; and
• Spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, clergy, and employers.
Information from these “other sources” cannot establish the existence of a medically determinable impairment. Instead, there must be evidence from an “acceptable medical source” for this purpose. However, information from such “other sources” may be based on special knowledge of the individual and may provide insight into the severity of the impairment(s) and how it affects the individual's ability to function.
The ruling further states:
“Accordingly, this ruling clarifies how we consider opinions and other evidence from medical sources who are not “acceptable medical sources” and from “non-medical sources,” such as teachers, school counselors, social workers, and others who have seen the individual in their professional capacity, as well as evidence from employers, spouses, relatives, and friends. This ruling also explains how we consider decisions on disability made by other governmental and nongovernmental agencies.”
The Bottom line is a Cincinnati social security lawyer should get a doctor to co-sign anything the nursse sends you such as an RFC. The nurse should be given weight for the social security application for any rstrictions or limitations, but the nurse really can not offer a diagnosis that will hold weight.
Anthony Castelli Attorney Let us help you.
8170 Corporate Park Drive
Suite 220
Cincinnati, Ohio 45242
513-621-2345
Cincinnati social security attorney
More and more I see that a nurse practitioner has been the person seeing my social security applicants. This is an issue since their "testimony" is not as strong as a medical doctor. In fact there is a social security ruling on this issue.
Here is the complicated ruling. you can skip to the end and I'll tell you what it means and what to do.
The SSR 06-3P states:
In addition to evidence from “acceptable medical sources,” we may use evidence from “other sources,” as defined in 20 CFR 404.1513(d) and 416.913(d), to show the severity of the individual's impairment(s) and how it affects the individual's ability to function. These sources include, but are not limited to:
• Medical sources who are not “acceptable medical sources,” such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, and therapists; and
• “Non-medical Sources” including, but not limited to:
• Educational personnel, such as school teachers, counselors, early intervention team members, developmental center workers, and daycare center workers;
• Public and private social welfare agency personnel, rehabilitation counselors; and
• Spouses, parents and other caregivers, siblings, other relatives, friends, neighbors, clergy, and employers.
Information from these “other sources” cannot establish the existence of a medically determinable impairment. Instead, there must be evidence from an “acceptable medical source” for this purpose. However, information from such “other sources” may be based on special knowledge of the individual and may provide insight into the severity of the impairment(s) and how it affects the individual's ability to function.
The ruling further states:
“Accordingly, this ruling clarifies how we consider opinions and other evidence from medical sources who are not “acceptable medical sources” and from “non-medical sources,” such as teachers, school counselors, social workers, and others who have seen the individual in their professional capacity, as well as evidence from employers, spouses, relatives, and friends. This ruling also explains how we consider decisions on disability made by other governmental and nongovernmental agencies.”
The Bottom line is a Cincinnati social security lawyer should get a doctor to co-sign anything the nursse sends you such as an RFC. The nurse should be given weight for the social security application for any rstrictions or limitations, but the nurse really can not offer a diagnosis that will hold weight.
Anthony Castelli Attorney Let us help you.
8170 Corporate Park Drive
Suite 220
Cincinnati, Ohio 45242
513-621-2345
Cincinnati social security attorney
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