Case spotlight may 2025 - Erika Riggs

Rochester Woman Wins Back Her Lifeline — SSI & DAC Benefits Restored with Help from Disability Law Group

When your entire life depends on the benefits you fought so hard to receive—and they’re suddenly taken away—what do you do?

This is exactly what happened to our client, a 28-year-old woman from Rochester, Michigan, who was caught off guard when the Social Security Administration (SSA) suddenly terminated both her SSI (Supplemental Security Income) and DAC (Disabled Adult Child) benefits. It wasn’t just a paperwork issue—it was a life-altering event that threatened her health care, financial stability, and independence.

She came to Disability Law Group (DLG) scared and unsure of what to do next. She left with her benefits restored, her dignity protected, and her future intact.

Understanding the Benefits: Why DAC Matters

Let’s start with some background—because most people don’t even realize DAC benefits exist until they’re told about them.

Disability Law Group (DLG) benefits are a form of Social Security Disability Insurance (SSDI) that adults with disabilities can qualify for based on a parent’s work record—not their own. That means even if someone has never been able to work due to a disability that began before age 22, they can still receive SSDI benefits if a parent is retired, disabled, or deceased.

What makes DAC benefits so powerful?

  • They’re not income- or asset-restricted like SSI
  • Recipients can qualify for Medicare, not just Medicaid
  • DAC can be received in addition to or instead of SSI

Our client had both: SSI to help cover basic needs and DAC benefits based on her father’s Social Security record. Together, these were her financial lifeline.

Then Came the CDR – And Everything Changed

Every so often, the SSA conducts something called a Continuing Disability Review (CDR) to determine if a person still qualifies for disability benefits. These reviews can feel routine for some—but for many, they’re confusing, overwhelming, and, frankly, terrifying.

In our client’s case, the CDR resulted in a termination of both benefits. She received a letter saying she was no longer considered disabled. No explanation, no acknowledgment of the daily challenges she faces. Just a decision that could take away everything.

Learn more about CDRs and how to protect yourself by watching our DLG YouTube video.

She had already been diagnosed with endometriosis, generalized anxiety disorder, major depressive disorder, and a cognitive/learning disability that significantly affected her ability to function day to day. She had not gotten “better.” If anything, her impairments had continued to affect her in very real, very disabling ways.

But SSA didn’t seem to see that.

How DLG Took Action Immediately

When her family reached out to us at DLG, they were understandably shaken—but ready to fight. So were we.

First, we filed an immediate Request for Reconsideration, which is the first step in the appeal process for a CDR denial. We also ensured her Medicare coverage would continue during the appeal, and advised her family on how to protect her Medicaid in the meantime.

From there, we got to work on the most important part of the case: building the evidence.

What We Did:

  • Collected updated medical records from multiple providers
  • Highlighted her documented learning and cognitive impairments
  • Confirmed her disability began before age 22, making her eligible for DAC
  • Provided a thorough explanation of how her mental health and physical conditions impacted her daily functioning

At one point, SSA even suggested that the family obtain a new IQ evaluation from a private testing center—to the tune of nearly $3,000.

Instead of letting the family carry that burden, we stepped in and said, “Don’t worry. We’ve got this.”
We reviewed her previous psychological evaluations and compiled ample updated documentation to support her intellectual and cognitive limitations—without the extra cost.

SSA’s Mistakes — And Our Relentless Follow-Up

What made this case especially frustrating was that SSA made several major errors along the way:

  • They failed to include updated records in her case file
  • They overlooked crucial medical history
  • Important documents were mislabeled or lost
  • They nearly made a decision without a complete file

But thanks to the dedication of our legal team, we caught every single mistake before it was too late. We regularly:

  • Called SSA and the Disability Determination Services (DDS) office to check the file
  • Submitted corrections and resubmitted documents they failed to upload
  • Advocated directly with claims representatives to ensure her case was fairly reviewed

The Outcome: Benefits Reinstated, Life Stabilized

After months of persistence, advocacy, and attention to detail, SSA reversed its decision. Our client was found still disabled, and her benefits were fully reinstated.

She will continue receiving:

  • SSI, which helps cover essential daily expenses
  • DAC benefits, providing long-term financial support through SSDI
  • Medicare and Medicaid, ensuring she gets the health care she needs

This wasn’t just a win—it was the protection of her entire way of life.

Why This Case Matters

This story is one of many we see. People with real, lifelong disabilities are at risk of losing everything because of bureaucratic oversight, a lack of understanding, or just plain mistakes.

For adults with disabilities and their families, understanding the importance of DAC benefits, and how to fight back during a CDR, can be the difference between security and crisis.

At Disability Law Group, we don’t just handle paperwork—we step into our clients’ lives, understand what’s at stake, and fight with everything we’ve got.

💡 Need Help with a CDR or DAC Benefits?

If you or someone you love is facing a Continuing Disability Review, has been cut off from SSI or DAC, or simply needs guidance with the Social Security Disability process, don’t wait.

Let us fight for your benefits—just like we did for this incredible young woman from Rochester.

📞 Call today or visit us at DisabilityLawGroup.com
📍 Offices in Troy, Michigan – Serving clients throughout Michigan and nationwide
⚖️ Erika Riggs, Partner & Disability Attorney – Disability Law Group

Case spotlight april 2025 - attorney pearson

Homeless Veteran Finally Wins Justice After Years of Delays and Denials

In January 2022, a homeless veteran came to Disability Law Group seeking help after years of delay and denial by the VA. His struggle dated back to November 2015, when he filed an Intent to File followed by claims for an increased rating for his service-connected back condition, along with neck, headaches, vision problems, erectile dysfunction, and carpal tunnel syndrome.

Despite submitting all required documents within the appropriate timeframes, the VA denied all claims after more than a year. The veteran filed a timely Notice of Disagreement, but instead of properly processing the appeal, the VA took a different route—ordering a new examination and proposing a reduction of his back and back-scar ratings.

Ignoring the veteran’s credible statements and the severity of his condition, the VA pushed forward with the reduction in June 2021, despite the veteran requesting a postponement due to COVID-19, in line with VA policy. He missed the hearing, and the VA moved ahead with reducing his benefits—just as he found himself homeless and living on the streets.

That fall, the veteran contacted Disability Law Group. Attorney Jason Pearson took on the case without delay. He filed an appeal to reverse the improper reduction. At the informal conference, the Decision Review Officer agreed with Attorney Pearson’s arguments, reinstated the veteran’s 40% back rating, and awarded new radiculopathy ratings—but only as of the new exam date.

Attorney Pearson fought back again, arguing the effective date should go back to the original 2015 claim. The VA ultimately agreed, and the radiculopathy ratings were adjusted to reflect the correct date—November 2015.

Still, the veteran’s other claims from 2015 remained unaddressed. Attorney Pearson persisted, escalating the case to the Office of Administrative Review, which finally issued a Statement of the Case in October 2022, denying all claims. An appeal to the Board of Veterans’ Appeals (BVA) was filed, and a hearing requested.

Recognizing that the 2015 increased rating claim for the back also included an unemployability component, Attorney Pearson gathered additional medical evidence, including a nexus opinion. Following a Fall 2023 BVA hearing, the Board granted claims for carpal tunnel, headaches, vision problems, and neck disability, while remanding the issues of back rating, radiculopathy, and individual unemployability.

However, VA assigned 0% ratings and then closed out the claims without required exams. Once again, Attorney Pearson stepped in, demanded re-opening, and insisted on proper examinations. After exams were completed, the VA awarded increased ratings but with an incorrect effective date of April 2024.

Meanwhile, for the remanded claims, the VA denied the increased back rating and unemployability—until the BVA reversed course, granting a higher back rating and unemployability back to November 2015. Importantly, the Board found that unemployability was due solely to the veteran’s back disability.

Attorney Pearson then filed yet another appeal for earlier effective dates on the migraines, neck, and carpal tunnel claims, and raised a new issue: entitlement to special monthly compensation (SMC) for housebound status. He argued that the veteran qualified for SMC housebound back to November 2015, based on a single disability rated at 100% (the back) and other unrelated disabilities rated at 60% or more. In February 2025, the VA agreed, granting SMC housebound retroactively to November 2015, resulting in a significant back pay award.

A Message from Disability Law Group

This case exemplifies how the VA system can delay, deny, and derail valid claims—but also how perseverance and expert legal representation can change everything.

At Disability Law Group, we don’t back down. Attorney Jason Pearson’s relentless advocacy turned years of frustration into a life-changing victory for this veteran.

If you’re facing similar challenges with the VA, contact us today. We’re here to fight for every benefit you’ve earned.

Case Spotlight April 2025

How Disability Law Group Helped an Oak Park Resident Secure SSD Benefits and Financial Stability

At Disability Law Group (DLG), we understand that life can take unexpected turns, leaving hardworking individuals facing unimaginable challenges. One of our recent clients, a devoted worker from Oak Park, Michigan, found himself in precisely this situation when his health took a devastating decline, making it impossible for him to continue working.

A Drastic Shift in Health & Financial Struggles

When our client reached out to us in June 2023, he was struggling with multiple serious health conditions, including:

  • Atrial Fibrillation (A-fib)
  • Hypertension
  • Arthritis in the lumbar spine, causing chronic low back pain and muscle spasms
  • Shortness of breath (SOB), intermittent chest pain, and debilitating fatigue

He had dedicated years to his job, but his worsening symptoms made it impossible to continue working. Sadly, like many others, he and his wife were already in a tough financial position when his health took a downward spiral. With no way to predict the severity of his conditions in advance, they were left with difficult decisions to make.

The Challenge of Opting for Early Retirement While Applying for SSD

Faced with the fear of losing their home, our client made the difficult decision to apply for early retirement benefits. It was the only way he and his wife could ensure they could keep a roof over their heads and pay their bills. However, this decision came at a cost—accepting early retirement meant the high likelihood of permanently locking into a reduced benefit amount for life.

Many people don’t realize that once they elect early retirement, their monthly benefits remain lower indefinitely unless they later qualify for Social Security Disability (SSD). In our client’s case, proving that his disability began before he opted into early retirement was critical. If we couldn’t establish that timeline, he would have been stuck with reduced benefits permanently, losing out on thousands of dollars each year due to benefit cuts.

Adding to the challenge, he was already overwhelmed by his medical conditions and the frequent doctor’s visits needed to manage them. Some of his specialists were in Dearborn and Detroit, Michigan, requiring constant travel, and he even had unexpected emergency room visits due to severe back pain and unrelenting muscle spasms at Henry Ford Hospital in Detroit. Managing his health alone was overwhelming, making it difficult for him to also meet SSA deadlines, respond to requests, and navigate the complex disability process.

This is where our team at DLG stepped in to take the burden off his shoulders—ensuring he could focus on his health while we handled everything necessary for his case.

DLG’s Strategy: A Proactive Approach to Securing His SSD Benefits

From the moment we took on his case, we knew we needed to be proactive to give him the best chance at early approval—especially since over 60% of SSD applicants are denied at the initial and reconsideration stages.

To strengthen his case, Attorney Erika Riggs and our team went to work on gathering all records and carefully reviewing the findings to determine the best arguments:

  • Ensured all medical records were obtained promptly
  • Submitted all required forms and complied with every SSA request and deadline
  • Maintained direct communication with the Disability Determination Services (DDS) examiner
  • Drafted and submitted Medical Source Statements (MSS) to detail his symptoms and work-related limitations
    • A physical MSS from his primary care physician (PCP)
    • Specialty forms for his cardiac condition and arthritis

Beyond legal preparation, we also coordinated directly with SSA on his behalf, tracked all deadlines, and ensured that every document was submitted on time. By managing the paperwork, communication, and strategy, we allowed our client to focus on his medical treatment and recovery without the added stress of fighting through the SSD system alone.

The Outcome: A Life-Changing Approval

After months of diligent preparation, careful documentation, and consistent follow-ups, our client’s SSD claim was approved. More importantly, we successfully established his disability onset date as occurring before he opted for early retirement—a critical legal victory that changed his financial future.

Because of this approval, he is no longer locked into permanently reduced retirement benefits. Instead, he now receives his full SSD benefit, which is thousands of dollars more per year than what he would have otherwise been eligible for. This also means that when he reaches full retirement age, his disability benefits will automatically transition into his full retirement amount—securing his financial stability for the long term.

For our client and his wife, this approval was life-changing. It meant no longer having to worry about losing their home, struggling to make ends meet, or wondering how they would afford essential expenses. The financial relief allowed them to focus on his health rather than the stress of an uncertain future.

Why This Matters for Others Applying for SSD

Many people applying for Disability benefits are unaware of the risks associated with early retirement and the complexities involved in proving disability onset dates. Without legal guidance, it’s easy to make a decision that could impact financial security for life.

Additionally, navigating SSA’s process while dealing with serious health conditions can feel impossible. Between medical appointments, unexpected hospital visits, and daily struggles with pain and fatigue, it can be overwhelming for applicants to stay on top of deadlines, requests, and paperwork. That’s why having a legal team that takes on the heavy lifting can make all the difference.

This case is a testament to why having an experienced disability attorney matters. Understanding the law, navigating SSA’s complex rules, and taking the extra steps—like securing detailed medical statements—can dramatically improve the chances of approval and ensure applicants receive the full benefits they deserve.

If you or a loved one is facing a similar situation, DLG is here to help. Contact us today for a free consultation—because your financial stability and future matter.

March Case spotlight

Attorney Drop Secures 100% Permanent and Total Rating for Vietnam War Veteran

At Disability Law Group (DLG), we take immense pride in sharing a recent success achieved by Attorney Drop, a dedicated VA disability lawyer for a Vietnam War Veteran exposed to Agent Orange. Through persistent advocacy and deep expertise in VA disability benefits, Attorney Drop was able to secure a 100% VA Permanent and Total (P&T) disability rating for the Veteran, greatly enhancing his quality of life and financial security.

This Veteran, who served honorably in Vietnam, has long struggled with several health issues linked to his exposure to Agent Orange, including Post-Traumatic Stress Disorder (PTSD), prostate cancer, hypothyroidism, and congestive heart failure. Despite the severity of these conditions, his previous did not adequately reflect the full scope of his impairments, leaving him without the appropriate compensation and support.

Breaking Down the Key Issues

  1. PTSD Rating

When the Veteran first approached Disability Law Group, he was rated at 30% for PTSD. Attorney Drop recognized that the severity of his symptoms warranted a higher rating, and she immediately took action. She arranged a comprehensive psychological evaluation, which confirmed that the Veteran met the higher criteria for PTSD. Additionally, Attorney Drop collaborated with the Veteran’s family members and former coworkers to obtain personal statements that documented the psychological symptoms they had observed, further supporting the case for an increased rating. Thanks to her efforts, the Veteran’s PTSD rating was increased to 100%.

  1. Congestive Heart Failure

The case presented further challenges when the VA initially denied service connection for the Veteran’s congestive heart failure, stating that it was not a presumptive condition of Agent Orange exposure. However, Attorney Drop did not accept this decision. She conducted extensive research, reviewing medical studies and identifying compelling evidence that hypothyroidism—a condition the Veteran already had service-connected—was a significant risk factor for developing congestive heart failure.

Attorney Drop secured an independent medical opinion that conclusively linked the Veteran’s congestive heart failure to his service-connected hypothyroidism. This expert testimony, combined with her meticulous review of the Veteran’s medical records, helped establish the causal connection needed for the VA to grant service connection for the heart failure.

A Comprehensive Victory for the Veteran

Attorney Drop’s tireless dedication to the case paid off. She presented a well-supported argument demonstrating how the Veteran was entitled to service connection and ensured he received the highest rating for his conditions under the rating criteria. As a result, the VA granted the Veteran not only the 100% P&T rating but also the added benefit of special monthly compensation due to the severity of his disabilities.

Furthermore, Attorney Drop was successful in securing retroactive VA benefits ensuring that the Veteran received VA disability back pay dating back to May 2019. This resulted in over $120,000 in past-due compensation.
This substantial financial award provides the Veteran with the financial stability he deserves and ensures that he will receive the maximum benefits available moving forward, including critical support for his ongoing healthcare needs.

Why Legal Representation Matters

This case underscores the importance of having experienced legal representation when navigating the complex VA disability claims process. Many Veterans are unaware that a VA disability appeal can significantly impact their and final compensation, making professional guidance crucial.

Attorney Drop’s commitment and expertise made a significant difference in securing the benefits the Veteran earned through his service.

If you or a loved one is seeking assistance with a VA disability claim, we invite you to contact us today. We are here to help you understand your rights and work tirelessly to ensure that you receive the benefits you are entitled to.

Detroit Veteran Secures 100% Permanent and Total VA Disability and SSD Benefits with the Help of Disability Law Group

At Disability Law Group, we are proud to share the success story of a 64-year-old veteran from Detroit, Michigan, who recently won his fight for 100% Permanent and Total VA disability benefits, in addition to his Social Security Disability (SSD) benefits. Attorney Erika Riggs led the charge in securing tens of thousands of dollars in back pay for this veteran, correcting errors made by the VA in processing his claim. Thanks to the successful outcome of his case, this veteran has referred many others to Disability Law Group, including his son, who is now also a client of ours.

This veteran, who served our country with honor, has suffered from severe spinal conditions, including radiculopathy, for many years. His conditions have required multiple surgeries, and despite the clear evidence of his disability, the VA initially failed to grant the full benefits he was owed. After years of pain and persistence, and with the unwavering support of Erika Riggs and our team, he was finally granted a 100% Permanent and Total disability rating from the VA, as well as SSD benefits. The back pay awarded to him reflects the many years of suffering and financial hardship he endured due to errors in the VA’s initial processing of his claim.

Correcting VA Errors: The Power of a CUE Claim

One of the key components of this veteran’s case was identifying and rectifying a Clear and Unmistakable Error (CUE) in the VA’s previous decisions. The VA’s failure to recognize the severity of his spinal conditions and their impact on his ability to work was a mistake that significantly delayed the benefits he was entitled to.

A CUE claim is a powerful tool that can be used when a veteran or their attorney can clearly demonstrate that the VA made a significant error in a previous decision that, if corrected, would have changed the outcome of the claim. In this case, Erika Riggs and her team meticulously reviewed the veteran’s records and identified the VA’s mistakes, successfully arguing for a revision of the prior decisions. This not only resulted in a 100% Permanent and Total rating but also ensured that the veteran received back pay dating many years prior, compensating for the time lost due to the VA’s errors.

Understanding Ratings for Spinal Conditions and Radiculopathy

Spinal conditions, particularly those involving radiculopathy, can have a profound impact on a veteran’s quality of life and ability to work. The VA assigns disability ratings for spinal conditions based on the range of motion, the severity of pain, and the presence of neurological symptoms like radiculopathy. Radiculopathy occurs when a nerve root in the spine becomes pinched or damaged, leading to pain, weakness, numbness, or tingling in the arms or legs, depending on the location of the affected nerve.

For veterans, ratings for spinal conditions can vary widely based on the specific symptoms and their impact on daily functioning. Radiculopathy, for example, can be rated separately depending on its severity, with higher ratings reflecting more significant impairment. In this case, the veteran’s spinal condition and radiculopathy were severe enough to warrant a 100% Permanent and Total rating, recognizing the totality of his disability and its impact on his life.

The Role of an Attorney in Navigating VA Claims

When dealing with the VA, it is not uncommon for vital information to be overlooked or for errors to be made in the processing of claims. This is where the expertise of an attorney, like those at Disability Law Group, becomes invaluable. Our team knows how to meticulously comb through medical records, identify missed opportunities, and effectively argue on behalf of our clients. Whether it’s a CUE claim, navigating the complex VA appeals process, or ensuring that all aspects of a veteran’s disability are fully recognized, we are committed to fighting for the benefits our clients deserve.

For this Detroit veteran, having an experienced attorney by his side made all the difference. He now enjoys the peace of mind that comes with knowing his service-connected disabilities are fully recognized, and his financial future is secure. His trust in our team is reflected in the many referrals he has made, including bringing his son to us for representation.

Conclusion

At Disability Law Group, we are dedicated to supporting our veterans in every aspect of their disability claims. If you or a loved one are struggling with the VA or Social Security Disability process, particularly when dealing with complex conditions like spinal injuries and radiculopathy, our team is here to help. We fight to ensure that every veteran receives the benefits they have earned through their service.

Securing a 100% Permanent and Total Rating for a Veteran Exposed to PFAS

Securing a 100% Permanent and Total Rating for a Veteran Exposed to PFAS

At Disability Law Group (DLG), we recently had the honor of representing a 70-year-old veteran from Port Charlotte, Florida, who faced a long and complicated battle with the Department of Veterans Affairs (VA). Referred to us by another law firm that recognized the complexities of his case, this veteran had been exposed to PFAS chemicals for many years, beginning at age 18 when he first entered the service. His exposure to these harmful substances resulted in numerous debilitating conditions, including sciatic and femoral neuropathy affecting his lower extremities and neuropathy in his upper extremities. Thanks to the diligent efforts of Attorney Erika Riggs and the DLG team, this veteran was granted a 100% Permanent and Total (P&T) disability rating, backdated all the way to 2016.

A Complicated Case Involving Multiple Conditions

Our client had been dealing with the effects of PFAS exposure for decades, suffering from a range of conditions that significantly impacted his quality of life. After a thorough review of his medical records and military history, DLG successfully secured service connections for several conditions, including neuropathy of the upper and lower extremities. We were able to backdate these conditions to 2016, ensuring that he received the compensation and recognition he deserved for his suffering.

However, we knew there was more that needed to be addressed. The veteran also had claims pending for diabetes and hypertension, which were directly related to his PFAS exposure. Attorney Erika Riggs held a higher-level review conference, where she argued that these conditions, like his neuropathy, should be backdated to 2016. Furthermore, she contended that since these conditions were present at that time, the veteran was entitled to a 100% rating for Total Disability Individual Unemployability (TDIU), even though the veteran did not formally file for these conditions until much later. She further argued for a 100% Permanent & Total rating based on the severity of his service-connected conditions to 2016. The examiner agreed with Erika’s argument, resulting in a 100% P&T rating back to 2016.

The Importance of Specialized Legal Knowledge

This case highlights the critical importance of having an attorney who knows the law inside and out and specializes in the complexities of veterans’ disability claims. Without Erika’s deep understanding of VA regulations and her strategic approach to identifying and arguing the key issues in this case, the veteran may not have received the full benefits to which he was entitled. Her efforts demonstrate how crucial it is to have experienced legal representation that can navigate the intricacies of VA law and ensure that veterans receive the maximum compensation possible.

Understanding TDIU, P&T Status, and Associated Benefits

Total Disability Individual Unemployability (TDIU) allows veterans who are unable to work due to their service-connected disabilities to receive compensation at the 100% disability rate, even if their combined disability rating is less than 100%. This designation provides critical financial support for veterans who are unable to maintain gainful employment due to their conditions.

Permanent and Total (P&T) Status is a designation that means a veteran’s disability is considered completely disabling (total) and is not expected to improve (permanent). This status offers additional benefits, such as eligibility for Dependents’ Educational Assistance, medical care for dependents through CHAMPVA, and exemption from VA healthcare copayments.

By securing a 100% P&T rating backdated to 2016, this veteran will not only receive retroactive compensation but also enjoy the peace of mind and security that comes with knowing these benefits are permanent.

Neuropathy Ratings and PFAS Exposure

Neuropathy, or nerve damage, is a condition often rated by the VA based on its severity and the impact on the affected extremities. PFAS exposure, which is linked to a variety of health issues, including diabetes, hypertension, and neuropathy, is a growing concern among veterans who were exposed during their service. The VA has started to recognize these connections, but having a knowledgeable attorney is critical to ensuring that all related conditions are properly service-connected and rated.

A Testament to Our Commitment

At DLG, we are proud to have achieved this positive outcome for our client, ensuring that he received the full extent of the benefits he earned through his service. This case serves as a powerful reminder of the importance of having a legal advocate who is dedicated to uncovering every possible avenue to help veterans secure the benefits they deserve.

If you or a loved one are facing a similar situation, or if you have questions about your eligibility for VA benefits, we encourage you to reach out to our experienced team. We understand the complexities of these cases and are committed to fighting for you every step of the way.

Case Spotlight January 1

Marine Corps Veteran Secures Life-Changing Benefits Through Disability Law Group

At Disability Law Group, our mission is to fight for veterans and ensure they receive the benefits they deserve. Recently, attorney Taylor Fenner had the privilege of working with a Marine Corps veteran from Oak Park, Michigan, who came to us with a longstanding battle against the VA for an increased disability rating. With Taylor’s expertise, we were able to not only secure a 100% disability rating but also obtain permanent and total status, alongside additional monthly compensation, significantly improving his financial security and quality of life. Here’s a look at how we made a difference for the veteran, who had been dealing with multiple service-connected issues.

The Struggles Before Disability Law Group

When the veteran first reached out to Disability Law Group, he was rated at 80% through the VA. Despite fighting for years to get his disability rating increased, he had encountered numerous roadblocks. In addition to his existing conditions, the veteran suffered from obstructive sleep apnea and mental health conditions, specifically generalized anxiety disorder (GAD) and major depressive disorder (MDD), all of which he believed were connected to his military service, specifically his deployment to Kuwait.

Having previously tried unsuccessfully to get an increase from the VA, the veteran knew that he needed professional help to navigate the complex system. That’s when he contacted us, and attorney Taylor Fenner immediately began working with him to gather additional medical evidence and present his case in the strongest possible light.

Breaking Down the Key Issues

  1. Obstructive Sleep Apnea
    The veteran had been diagnosed with obstructive sleep apnea on May of 2023, following a sleep study conducted by the John Dingell VA Medical Center. His condition was confirmed through the use of a CPAP machine. However, despite his diagnosis, the VA examiner opined that there was no connection between the veteran’s obstructive sleep apnea and his military service.

Taylor Fenner knew that this opinion didn’t tell the full story. After reviewing the veteran’s service records, Taylor discovered the veterans participation in Operation Enduring Freedom in Kuwait, where he was exposed to hazardous airborne particulate matter such as smoke, sand dust, and fumes from burn pits, Taylor found compelling evidence including studies and articles linking particulate matter exposure to the development of obstructive sleep apnea, Taylor secured an independent medical opinion detailing how the veterans obstructive sleep apnea was caused by his exposure to particulate matter during his deployment in Kuwait.

  1. Generalized Anxiety Disorder (GAD), Major Depressive Disorder (MDD)
    The veteran’s service-connected mental health conditions, including generalized anxiety disorder (GAD) and major depressive disorder (MDD), had a profound impact on his emotional and psychological well-being. The mental toll of these conditions affected his ability to function in daily life and significantly reduced his quality of life. The veteran’s symptoms included panic attacks, constant anxiety, and mood disturbances that impaired his social and work interactions.

To strengthen the veteran’s case, Taylor Fenner understood the importance of securing new medical evidence that accurately reflected the severity of his mental health symptoms. Working closely with the veteran, Taylor arranged for a comprehensive psychological evaluation, which provided an in-depth assessment of the veteran’s GAD and MDD. The evaluation confirmed the extent of his symptoms, including near-continuous panic attacks, depression, and the inability to function independently due to mood disturbances.

With this new evaluation in hand, Taylor presented the updated medical evidence to the VA, which showed that the veteran’s mental health conditions were far more debilitating than previously acknowledged. The evaluation highlighted the challenges the veteran faced daily, including impaired impulse control, difficulties in maintaining relationships, and significant social and occupational impairments. Taylor argued that these factors warranted a higher disability rating, effectively addressing the gaps in the VA’s previous assessments of the veteran’s condition.

  1. Securing the Effective Date Back to October 2022
    One of the most important aspects of this case was securing the effective date for the veteran’s increased disability benefits. Typically, the VA assigns an effective date based on when a claim is filed, but in some cases, veterans may be entitled to an earlier date if evidence shows their symptoms were present earlier than the filing date.

In this case, the veteran initially filed for an increase in his disability rating in 2023. However, Taylor Fenner worked diligently to demonstrate that the veteran’s symptoms, particularly his mental health issues and obstructive sleep apnea, were well-documented in his medical records as far back as October 2022. By showing that the veteran’s symptoms predated the appeal, Taylor successfully argued that the veteran’s effective date should be backdated to October 2022—ensuring that he received the full retroactive benefits owed to him.

As a result, the veteran was awarded retroactive benefits of over $53,000, which made a life changing difference in his financial situation.

The Outcome: Life-Changing Benefits

Through Taylor Fenner’s diligent work and expertise, we were able to secure the following for the veteran:

  • 100% Disability Rating
  • Permanent and Total (P&T) Status
  • Additional Monthly Compensation, including Special Monthly Compensation (SMC-K and SMC-S)
  • Retroactive Benefits of Over $53,000.00
  • Effective Date Back to October 2022

The veteran’s new rating doubled his monthly VA payment, providing his family with much-needed financial stability. This decision not only secured his future but also gave him peace of mind—something he had been missing for years. When we informed the veteran of the decision, he was overwhelmed with joy. For the first time, he and his family could enjoy the holiday season without the stress of financial uncertainty.

“This is the first holiday season we’re not going to have to worry,” the veteran said. “I can’t express how grateful I am. You’ve changed my life.”

Why This Matters to You

The veteran’s case is a powerful example of what can happen when veterans have the right team on their side. The VA claims process can be overwhelming, especially when you’re facing multiple service-connected conditions. But as we’ve seen in the veteran’s case, having an experienced legal team can make all the difference.

If you’re a veteran who is struggling to get the benefits you deserve—whether it’s for an increase in your rating, permanent and total status, or securing additional compensation like SMC-K or SMC-S—Disability Law Group is here to help. With attorney Taylor Fenner’s expertise, we’ll work with you every step of the way, just as we did with the veteran, to ensure that your service is recognized and that you receive the support you need to live with dignity and peace of mind.

Contact Disability Law Group today for a free consultation. We’re ready to fight for the benefits you’ve earned and change your life, just like we did for the veteran.

Case Spotlight December

Restoring SSD Benefits for a Client with Leukemia in Remission, PTSD, and Depression

Our client, a 43-year-old from Rochester Hills, Michigan, faced a tough battle with leukemia, which is now in remission. Alongside this, she has been struggling with PTSD and depression. Despite relying on Social Security Disability (SSD) benefits, her benefits were cut off once her leukemia went into remission. This is a situation many people in similar circumstances face. Yet, most people find it difficult to locate an attorney willing to rise to the challenge, and take on their case, especially since oftentimes there is no attorney fee involved.

Even when leukemia goes into remission, the residual effects can be significant. The American Cancer Society notes that leukemia survivors often deal with ongoing issues such as fatigue, neurological effects, and psychological stress. Unfortunately, the Social Security Administration (SSA) sometimes overlooks these lingering effects during their reviews.

To complicate matters, our client’s previous oncologist retired during the process, which created a gap in essential medical records needed to support her case.

Our Approach:

With Erika Riggs, attorney and co-founder of the Disability Law Group (DLG), leading the charge, our dedicated team worked closely together to tackle these challenges:

Securing Essential Records: We acted quickly to obtain the missing records from the retired oncologist, ensuring that all critical documentation was submitted to the SSA.

Gathering Detailed Documentation: Our team collaborated with her psychiatrist to gather a comprehensive set of records, including an events log and a detailed mental health medical source statement, to fully capture the impact of her PTSD and depression.
Drafting Supporting Statements: We carefully drafted a thorough medical source statement and worked with her psychiatrist to ensure it accurately reflected her ongoing struggles.

Thanks to our team’s swift and comprehensive efforts, we were able to restore her SSD benefits without the need for a hearing. This outcome not only provided her with crucial financial support but also ensured her continued insurance coverage. While the process can often be lengthy and complex, our proactive approach helped expedite a positive resolution.

This case highlights the importance of addressing the full impact of chronic conditions, even after remission. It also demonstrates the value of working with a dedicated team that understands the intricacies of the SSD benefits system. At the Disability Law Group, we pride ourselves on our collaborative approach and commitment to securing the benefits our clients need.

If you or someone you know is facing challenges with SSD benefits due to chronic conditions or other issues, don’t hesitate to reach out to the Disability Law Group. Our experienced team, led by Erika Riggs, is here to guide you through the process and fight for the support you deserve.

Navigating SSD benefits can be complex and time-consuming, but acting quickly and comprehensively can make a difference. Contact us today to see how we can assist you and ensure you receive the benefits and coverage you need.

Case Spotlight November 2024 1

Veteran Wins SSD Benefits After Decade-Long Struggle, Thanks to Disability Law Group

At Disability Law Group, we take great pride in fighting for veterans who have sacrificed so much for our country. One of our recent success stories involves a 58-year-old veteran from Troy, Michigan, who finally won his Social Security Disability (SSD) benefits after being denied repeatedly. Partners Randall Mansour and Erika Riggs worked tirelessly on his behalf, securing a life-changing victory that has not only improved his financial stability, resulting in tens of thousands of dollars in backpay benefits and increased monthly compensation, but also his healthcare options.

A Long Road to Victory

This veteran, who served bravely in Afghanistan, had applied for disability benefits on his own over a decade ago. Unfortunately, like many veterans who navigate the complex and often frustrating disability process without legal representation, he was denied. After years of struggling, he discovered Disability Law Group through a legal directory that highlighted our awards, client success stories, and extensive community involvement. Realizing he needed expert help, he reached out to us.

Randall Mansour and Erika Riggs took on his case with determination, knowing that this veteran had been wronged. His application had been denied in 2022, but our team was not deterred. Erika Riggs represented him at his disability hearing before an Administrative Law Judge (ALJ), where she meticulously presented the case. The arguments Erika raised were so compelling that the judge awarded benefits without requiring a full hearing—a rare and significant outcome.

Beyond the Win: The Impact of SSD Benefits

One of the most gratifying aspects of this case was the difference the SSD benefits have made in our client’s life. Since receiving his award, he is now eligible for Medicare, a welcome change after years of dissatisfaction with the healthcare he received through the VA. Medicare has provided him with better access to the care he needs, which has been a tremendous relief.

The veteran has been so pleased with the outcome and the respect he received from Disability Law Group that he has referred many others to our firm. His referrals include not only his “brothers in arms”—fellow veterans who have served alongside him—but also other members of the Troy community. This ripple effect of trust and gratitude is the ultimate testament to the impact we strive to make with every case we take on.

Understanding SSD and VA Disability Benefits for Veterans

Many veterans are unaware that they can qualify for both SSD and VA service-connected disability benefits without any offset. This misunderstanding often prevents them from seeking the full benefits they are entitled to. It’s crucial for veterans to know that these benefits are separate and can be received concurrently. SSD benefits are based on an individual’s inability to work due to a disability, while VA service-connected disability benefits are awarded based on disabilities that are directly related to military service.

In this client’s case, his severe disabilities stemmed from a traumatic brain injury (TBI) he sustained during his service in Afghanistan. A rocket blaster exploded just 10 feet away from him, causing significant and lasting damage. As a result, he suffers from memory loss, hearing loss, migraines, and aphasia—a condition that affects his ability to communicate. These impairments severely limit his ability to work and maintain a normal daily life, making him fully deserving of both SSD and VA benefits.

The Role of Legal Representation in Winning Benefits

This case highlights the critical role that expert legal representation plays in securing the benefits that veterans and other disabled individuals deserve. Our client had been denied benefits for years because he initially tried to navigate the process alone. It wasn’t until he sought the help of Disability Law Group that his case was fully understood and properly presented. In fact, SSA failed to obtain and consider critical records from our client’s treating Neurologist before coming to us. We not only made sure all records were requested, but also made part of the file, in addition to drafting special forms to help our clients cases.

Veterans like this client often face complex and daunting legal hurdles when applying for disability benefits. Without the knowledge and experience of a skilled attorney, they may miss out on the compensation they are owed. At Disability Law Group, we understand the intricacies of both SSD and VA claims, and we fight tirelessly to ensure our clients receive the maximum benefits available.

Conclusion

This veteran’s victory is a reminder of the importance of persistence, expertise, and advocacy. His successful claim has not only provided him with the financial support he needs but has also connected him with better healthcare through Medicare. His story is one of many that demonstrate the life-changing impact of winning disability benefits, and we are honored to have played a part in his journey.

If you or someone you know is a veteran struggling with disability claims, whether for SSD, VA benefits, or both, Disability Law Group is here to help. Our experienced attorneys are dedicated to fighting for the rights of those who have served our country, ensuring they receive the full benefits they have earned.

Case Spotlight November 2024 2

Victory for Veteran from Warren, Michigan, after Multiple Denials

At Disability Law Group, we take pride in advocating for our clients and never backing down, even in the face of repeated denials. Our recent success story involves a 48-year-old veteran from Warren, Michigan, who fought a long and difficult battle to obtain his rightful disability benefits. This case is a testament to the perseverance and expertise of our legal team, including attorneys Erika Riggs and Mandy Kelly, who worked tirelessly to secure a positive outcome.

Our client, a veteran with a service-connected disability rating of 80%, filed for Disability Insurance Benefits (SSD) on May 19, 2020, after being unable to work due to a combination of severe physical and mental health impairments. Despite having a college education and a work history as a delivery driver and medical assistant, his conditions made it impossible for him to continue working. His disability claim was initially denied multiple times, leading to a lengthy legal process that included an appeal to the U.S. District Court and a remand order from the Court then the Appeals Council.

The claimant, had alleged disability back to 2019, but what complicated his case most was that his work credits expired back in 2022, meaning his disability must be proven back to that date, at a minimum, for him to be eligible. His case was complicated by a variety of medically determinable impairments, including asthma, degenerative lumbar disc disease, post-laminectomy and fusion, bilateral knee osteoarthrosis, bipolar II disorder, anxiety disorder, and more. These conditions resulted in severe pain, limited mobility, and significant mental health challenges that severely impacted his ability to work.

After the case was remanded by the Appeals Council in June 2023, attorney Erika Riggs represented our client in a subsequent hearing before an Administrative Law Judge (ALJ). The ALJ reviewed new medical evidence, including updated MRI results, orthopedic treatment records, and mental health treatment notes, all of which demonstrated the worsening of our client’s conditions. His physical impairments were so severe that they required him to use a cane for ambulation, and he was scheduled for a total knee replacement due to debilitating osteoarthritis.

Attorney Riggs effectively argued that the combination of our client’s impairments, including chronic back and knee pain, numbness and tingling in the lower extremities, shortness of breath, and severe mental health symptoms, rendered him incapable of performing any work on a sustained basis. The ALJ agreed with our assessment and found that our client was indeed disabled. Remarkably, the ALJ awarded benefits without needing any testimony from a Vocational Expert (VE), recognizing the overwhelming evidence of our client’s limitations.

As a result of this favorable decision, our client was awarded more than $85,000 in backpay, a life-changing amount that will provide much-needed financial stability in addition to health insurance and validation of his health journey.

But the story doesn’t end there. While attorney Riggs was fighting for our client’s SSD benefits, attorney and Disability Law Group partner Mandy Kelly has been simultaneously working on his VA disability case. Through her diligent efforts, our client was also awarded additional VA disability benefits, further acknowledging the severity of his service-connected conditions. She continues to fight to secure his 100% Permanent and Total disability benefits through the VA.

This case exemplifies the importance of persistence and the value of having a dedicated legal team by your side. Our client faced numerous setbacks and denials, but with the unwavering support of Disability Law Group, he was able to secure the benefits he deserved. We are proud to have been a part of his journey and to have helped him achieve the justice he was seeking.

At Disability Law Group, we understand that every case is unique, and we are committed to providing personalized, compassionate representation to each of our clients. If you or someone you know is struggling to obtain disability benefits, our experienced team is here to help.