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.

 

Case Spotlight Oct 2024 2

How Disability Law Group Secured Disability Benefits for a Veteran Suffering from Multiple Severe Conditions

Disability Law Group recently secured a successful outcome for a 60-year-old veteran, who filed for Disability Insurance Benefits (DIB) after facing several disabling medical conditions that rendered him unable to continue working. This claimant filed his application on July 23, 2021, alleging disability starting April 10, 2020, following decades of work in demanding roles, most recently as a laborer recruiter/transportation manager for Minute Man Staffing Services.

Background: A Veteran in Need

Our client had proudly served in the U.S. military from 1981 to 1987. Despite overcoming various life challenges, including obtaining his GED, his medical issues took a severe toll. Since March 2020, he has been unable to work due to a combination of physical and neurological impairments.

Medical Challenges

The claimant faced numerous serious health conditions, including but not limited to:

  • Chronic liver disease with cirrhosis and ascites (fluid retention in the abdomen)
  • Diabetes type 2
  • Double hernias
  • Severe sciatic nerve pain in his left leg
  • Bilateral knee and foot pain
  • Neuropathy
  • Hypertension
  • Osteoarthritis

His mobility was severely impacted. By March 2022, he reported being able to walk only a quarter to a half mile before needing to rest for 15 minutes. He experienced difficulty standing for more than an hour, sitting for extended periods, and had significant trouble with physical tasks such as squatting and climbing stairs. His reports indicated that he could only lift up to 20 pounds, and even routine activities, such as paying attention or sleeping, were impaired due to his health issues.

Corroborating Medical Evidence

The claimant’s medical record firmly supported his allegations of disability. Notably:

  • Ascites and Cirrhosis: He first experienced ascites in December 2019. This painful and recurrent condition required him to undergo regular paracentesis procedures, with the last one documented in 2021.
  • Spinal and Joint Conditions: July 2021 medical records revealed moderate osteoarthritis in his hips and knees, as well as mild to moderate spinal stenosis and advanced facet arthropathy. These conditions were confirmed by MRI and X-ray results.
  • Knee and Mobility Problems: By November 2023, a physical therapy report documented knee effusion and soreness, while an X-ray showed bone-on-bone deformity in both knees.
  • Vascular Issues: In November 2023, Dr. Jerius strongly recommended compression hose and encouraged him to elevate his feet due to significant venous return issues. The doctor also noted his chronic knee pain and prior cortisone injections for his knees.

The Impact on His Ability to Work

Given the claimant’s conditions, he was unable to perform his past relevant work, which required medium-level exertion. His physical impairments severely limited his ability to stand, walk, and perform tasks essential for this type of employment. In addition to his physical limitations, the medical record demonstrated that he had difficulty staying on task, further impacting his employability.

The Path to Approval

Attorney Erin Rich presented a compelling argument during the claimant’s SSD hearing before an Administrative Law Judge arguing that his health conditions made it impossible for him to continue any kind of medium exertion work. She further established that his physical limitations, in conjunction with his age and work history, meant he could not even perform light work under Social Security’s grid rules. Specifically, under Grid Rule 202.06, individuals aged 60 or older who are limited to light work and have no transferable skills are directed to be found “disabled.”

Outcome

The Administrative Law Judge agreed with Mrs. Rich’s arguments and granted the claimant the SSD benefits he desperately needed. This case is a prime example of how essential thorough documentation, medical support, and a well-constructed legal argument are to achieving success in disability claims.

If you or a loved one are struggling with disabilities and are unsure about navigating the complexities of the Social Security system, our firm, Disability Law Group, is here to help. We take pride in advocating for those who deserve the support they need to lead a life of dignity despite their medical challenges.

 

 

Case Spotlight Oct 2024

Flint Veteran Gains 100% Service-Connected Disability for PTSD with Support from Disability Law Group

Our team at Disability Law Group, led by attorney Erika Riggs, recently secured a life-changing victory for a 60-year-old veteran from Flint, Michigan. This Army veteran, who served as a cannon crewman and field artillery specialist from 1982 to 1985, faced numerous health challenges, with PTSD being the most debilitating. After years of struggling with his condition, he now receives 100% service-connected disability benefits for PTSD alone, resulting in over $60,000 in back pay, along with increased monthly benefits.

Initially, the veteran faced significant hurdles in his pursuit of justice. His own doctors at the VA refused to provide the necessary nexus letters and Disability Benefits Questionnaires (DBQs) that could support his claim. Without these crucial documents, his chances of securing the benefits he rightfully deserved were severely diminished. This is a common struggle for many veterans, as obtaining supportive medical evidence is often a critical step in the claims process.

Understanding the importance of this evidence, Erika Riggs and our dedicated team went above and beyond. We assisted the veteran in finding independent doctors who were willing to review his case, understand his struggles, and prepare the necessary nexus letters and DBQs. These documents played a pivotal role in proving the connection between his military service and his PTSD, ultimately leading to a 100% disability rating.

This success story is not just a testament to our team’s legal expertise but also to our commitment to supporting veterans every step of the way. This veteran’s experience with us was so positive that he now regularly refers fellow veterans to Disability Law Group, knowing firsthand the difference our comprehensive support can make.

PTSD Among Veterans: A Growing Concern

Post-Traumatic Stress Disorder (PTSD) is a significant issue among veterans, particularly those who have served in combat or other high-stress environments. According to the U.S. Department of Veterans Affairs, between 11-20% of veterans who served in Operations Iraqi Freedom and Enduring Freedom suffer from PTSD in a given year. For Vietnam veterans, the number is even higher, with about 30% having experienced PTSD at some point in their lives.

The criteria for a 100% PTSD rating from the VA are stringent and reflect the severity of the condition. Veterans must demonstrate total occupational and social impairment due to PTSD, which may include symptoms such as persistent hallucinations or delusions, grossly inappropriate behavior, danger of hurting oneself or others, and memory loss for names of close relatives, one’s own occupation, or one’s own name.
In this case, our client’s PTSD symptoms were so severe that they met these criteria, leaving him unable to work or maintain social relationships. The 100% rating recognizes the profound impact PTSD has had on his life and ensures he receives the maximum level of benefits available.

Supporting Veterans Beyond the Claims Process

At Disability Law Group, we understand that securing benefits is just one part of the journey for our clients. We are committed to helping veterans navigate the complexities of the VA system, from finding supportive medical professionals to ensuring they receive the care and compensation they deserve. If you or someone you know is struggling with a VA disability claim, especially for conditions like PTSD, our team is here to help.

Case Spotlight 2September 2024

Case Spotlight 2 September 2024

At Disability Law Group, we are dedicated to securing the benefits our clients deserve, and we are proud to share a recent case win that resulted in more than $100,000 in back-pay benefits with the help of Attorney Erika Riggs, law clerk Alanis Smith, and our incredible team. This win highlights our commitment and expertise. Our client, a 51-year-old veteran from Sterling Heights, Michigan, recently received a fully favorable decision on his application for Social Security Disability Insurance (SSDI) benefits, following a recent hearing before an Administrative Law Judge (ALJ), bringing much-needed financial relief, Medicare insurance coverage, and recognition of his severe disabilities.

Our client’s journey began when he filed for SSDI benefits on January 10, 2022, alleging disability dating back to September 30, 2018. At that time, he was 45 years old, with a distinguished career in the Navy as a senior petty officer and recruiter. However, his service and subsequent health issues left him unable to work. His medical history is extensive and complex, including multiple impairments that have severely impacted his quality of life and functional capacity.

Among the most significant of his impairments are a C4-C7 fusion, chronic pain in his neck, back, and hips, and severe radiculopathy affecting his lower and upper extremities. His condition is so debilitating that he is 100% service-connected through the Department of Veterans Affairs, a testament to the severity of his disabilities. Over the years, he has faced numerous challenges, including frequent falls, constant pain that disrupts his sleep, and an inability to perform even basic activities of daily living without assistance.

The evidence supporting his claim was overwhelming, documenting years of medical treatments, consultations, and diagnostic tests that highlighted the progressive nature of his impairments. From MRIs showing disc protrusions and spinal stenosis to consultations confirming his limited mobility and chronic pain, the medical records painted a clear picture of a man whose life had been dramatically altered by his conditions.

One particularly compelling piece of evidence was the Medical Source Statement from his physician assistant, which detailed the extent of his limitations. She reported that our client could not sit, stand, or walk for more than two hours in an eight-hour workday and would need frequent breaks due to pain. Additionally, his impairments would cause him to be off-task for more than 25% of the workday, with frequent absences expected due to his health issues.

Given the overwhelming evidence and the severity of his impairments, we requested an on-record fully favorable decision, arguing that our client’s disabilities precluded him from performing any substantial gainful activity. We emphasized his inability to sustain work due to his pain, balance issues, and cognitive impairments resulting from sleep disturbances and chronic discomfort.

We are pleased to report that the judge granted our request, issuing a fully favorable decision without the need for a hearing. This outcome not only provides our client with the financial support he needs but also affirms the reality of his disabilities and the challenges he faces daily.

This case is a powerful reminder of the importance of thorough preparation and the presentation of compelling evidence in disability claims. At Disability Law Group, we are committed to fighting for our clients and ensuring they receive the benefits they have earned. If you or a loved one are struggling with a disability and need assistance with your claim, our team is here to help.

Case Spotlight September 2024

Case Spotlight September 2024

At Disability Law Group, we understand that the journey to securing Social Security Disability benefits can be long and challenging, but we never give up on our clients. We are thrilled to share the story of a recent victory that exemplifies the dedication and persistence of our team. Attorney Erika Riggs recently secured a favorable decision for our 55-year-old client from Carleton, Michigan, after somewhat of a legal battle that included multiple hearings and an Appeals Council review.

Our client initially applied for Supplemental Security Income (SSI) on November 30, 2020, alleging disability dating back to March 3, 2008. He has a high school education and a work history as a roller setter and saw operator, jobs that are generally considered light to medium in exertion and unskilled to semi-skilled in nature. Unfortunately, a combination of severe mental health impairments, including dysthymic disorder, PTSD, bipolar I disorder, and antisocial personality disorder, rendered him unable to maintain employment.

After his initial hearing in September 2022, the Administrative Law Judge (ALJ) issued a favorable decision. However, the Appeals Council reviewed the case and remanded it, stating that there was insufficient evidence to support the ALJ’s conclusion. This setback could have been disheartening, but Attorney Riggs remained steadfast in her commitment to our client’s case.

During the second hearing, Attorney Riggs effectively cross-examined a Medical Expert (ME) who had reviewed the client’s extensive medical history. The ME testified that due to the claimant’s fluctuating symptoms and the severity of his bad days, he would likely be absent from work at least two days each month. This level of absenteeism, as confirmed by the Vocational Expert (VE), would preclude him from maintaining any form of employment. The ALJ agreed, once again finding our client disabled.

Our client’s medical records paint a vivid picture of his struggles. He has been receiving consistent treatment at Southwest Solutions for over a year, where he has been diagnosed with severe mood swings, depression, paranoia, anxiety, and psychosis. His symptoms include periods of isolation, talking to himself, fatigue, aggressive behavior, and difficulty interacting with others. Despite regular adjustments to his medications, his conditions have not improved significantly, and he continues to experience significant challenges in daily life.

The consultative examiner’s report, which was a focal point of the post-hearing proceedings, initially downplayed the severity of our client’s impairments by suggesting only mild limitations. However, the examiner also noted that our client would require external support and job training to cope with his mental health issues, which is inherently work-preclusive. Attorney Riggs skillfully highlighted the inconsistencies in the examiner’s report, pointing out the disconnect between the suggested mild limitations and the need for substantial workplace support.

Ultimately, Attorney Riggs successfully argued that our client’s mental impairments meet the criteria for Listing 12.04, which covers mood disorders, including bipolar disorder. His symptoms, such as severe depression, lack of energy, and suicidal thoughts, have led to marked limitations in his ability to concentrate, interact with others, and manage daily tasks. Additionally, the need for external support and job training would render him unable to sustain employment.

After thorough consideration of all the evidence, the new ALJ issued a favorable decision, acknowledging the severity of our client’s conditions and granting him the benefits he so desperately needed.

This case is a powerful reminder that perseverance and attention to detail can make all the difference in securing a positive outcome. At Disability Law Group, we are committed to fighting for our clients every step of the way, no matter how long or difficult the journey may be. If you or someone you love is struggling to obtain Social Security Disability benefits, our team is here to help.

 

Attorney Farrah

Case Spotlight: Attorney Farrah Abonda Secures Victory for Client with Chiari Malformation

Disability Law Group proudly announces a significant victory achieved by Attorney Farrah Abona in securing disability benefits for a 52-year-old client diagnosed with Chiari Malformation, Type 1. The case, which had previously faced multiple denials, culminated in a fully favorable decision at the hearing phase, resulting in over $72,000 in back pay and ongoing benefits.

The client, a dedicated professional with a lifelong career in Human Resources, began experiencing debilitating symptoms, including severe headaches, neck stiffness, and pain. Despite undergoing surgery intended to alleviate these symptoms, her condition worsened, leading to chronic daily headaches, blurred vision, dizziness, and brain fog. The impact of these symptoms on her ability to work was profound, leaving her unable to continue her career.

The client initially applied for disability benefits but was met with denials at both the initial application and reconsideration phases. The complexity of her medical condition and the failure of surgery to resolve her symptoms posed significant challenges in securing the benefits she desperately needed.

Attorney Farrah Abona and the team at Disability Law Group meticulously reviewed the client’s medical records, work history, and the progression of her symptoms. Recognizing the need for a comprehensive and compelling presentation, Attorney Abona outlined the client’s extensive career, the onset and worsening of her condition, and the unsuccessful surgical intervention.

Through detailed evidence and a persuasive argument, Attorney Abona effectively demonstrated that the client’s condition had not improved post-surgery, as evidenced by the worsening symptoms documented in her medical records. This thorough approach was pivotal in challenging the initial denials.

The turning point in the case occurred during the hearing phase, where Attorney Abona’s presentation of the client’s situation convinced the Administrative Law Judge (ALJ) of the severity and impact of her condition. The ALJ’s fully favorable decision not only secured over $72,000 in back pay for the client but also ensured she would receive ongoing benefits to support her in the future.

This case exemplifies the dedication and expertise of Disability Law Group in advocating for clients facing complex medical conditions. Attorney Farrah Abona’s success in this case underscores the firm’s commitment to achieving just outcomes for those in need.

For more information on how Disability Law Group can assist with disability claims, contact us today.

woman applying for ssd benefits in macomb county

Case Spotlight (Jordan Leff) – June 2024

Recently, Disability Law Group helped a woman from Redford, Michigan, to obtain Social Security Disability (“SSD”) benefits after a long career in school administration. The woman had struggled with osteoarthritis (“OA”) for many years and, for the past several years, had only been able to carry out her job duties with the support and assistance of her co-workers and adoring students.

However, as her OA worsened, even the helping hands she received were no longer enough, and the client realized she could no longer maintain any full-time employment. At the same time, the claimant tragically lost her husband to illness, who had provided her with immeasurable love and support. The claimant felt alone, anguished, and continued to have severe and constant joint pain throughout her body.

Disability Law Group provided the client with empathy, support, and diligent representation to apply and win her disability benefits. All of her medical records were obtained, as well as supportive statements from her treating doctors and mental health providers, and attorney Jordan Leff guided the client through the process every step of the way.

When a hearing was scheduled before an Administrative Law Judge (“ALJ”), Mr. Leff prepared and filed a detailed legal brief, setting out the client’s treatment history, and explaining how the symptoms of her OA prevented her from sustaining any full-time employment existing in the national economy.

At the hearing, Mr. Leff led the client through a series of questions to provide further direct evidence to the ALJ as to the pain, stiffness, and discomfort she experiences on a daily basis, and how it creates severe work-related limitations. The ALJ ultimately agreed, rapidly producing a Fully Favorable decision!

va benefits application

Case Spotlight – May 2024

Achieving 100% Permanent and Total Disability Rating for a Veteran

In a significant victory for our client, Disability Law Group successfully secured a 100% Permanent and Total disability rating from the Department of Veterans Affairs (VA) after a prolonged five-year appeals process. This achievement underscores the dedication and expertise of our team, particularly in navigating complex VA procedures and leveraging recent policy developments to the client’s advantage.

Our client, a dedicated veteran, initiated his claim for disability benefits in August 2019. Despite the severity of his condition, his initial Rating Decision in 2019 granted only a 10% rating, with his PTSD claim being outright denied. This insufficient rating failed to recognize the full extent of his disabilities.

When our client sought assistance from Disability Law Group in November 2022, the deadline for appealing the 2019 Rating Decision had long passed. Under normal circumstances, this would have resulted in a forfeiture of his right to appeal and the need to file a new claim, potentially losing years of retroactive benefits.

Attorney Jason Pearson, renowned for his meticulous attention to VA processes and recent policy updates, identified a critical opportunity. Recognizing the ongoing impacts of the COVID-19 pandemic on veterans’ ability to meet deadlines, he invoked a special provision allowing for an extension of the appeal period for good cause.

Jason meticulously prepared a request, presenting compelling evidence of how the pandemic had directly affected our client’s ability to meet the initial deadline. His argument highlighted not only the disruptions caused by COVID-19 but also the client’s persistent efforts to comply with VA requirements amidst these challenges.

In addition to addressing procedural hurdles, Jason Pearson engaged with appropriate medical professionals to obtain the necessary medical evidence to support the veteran’s claims. This included securing a private medical evaluation that conclusively demonstrated the client’s entitlement to a 100% rating for PTSD. This medical nexus opinion was crucial in establishing the service connection required for the claim.

In January 2024, the VA granted the veteran service connection for PTSD at the 70% rate, with an effective date of December 2023. While this was a step in the right direction, it did not fully reflect the severity of the client’s condition or acknowledge the initial filing date.

Attorney Jason Pearson immediately filed another appeal for a Higher-Level Review. He engaged directly with a Decision Review Officer, meticulously pointing out the evidence supporting a higher rating and an earlier effective date. Jason’s thorough presentation and advocacy were instrumental in highlighting the veteran’s long-standing entitlement.

In March 2024, the VA granted the veteran a 100% rating for PTSD, with an effective date retroactively set to August 2019, when the veteran’s claim was first initiated. This decision not only recognized the full extent of the client’s disability but also secured significant retroactive benefits.

This outcome ensures that our client receives the full spectrum of benefits he is entitled to, significantly improving his quality of life. The retroactive benefits dating back to August 2019 provide financial stability and peace of mind after years of uncertainty and hardship.

This case exemplifies the importance of staying abreast of policy changes and the impact of expert legal representation in the realm of veterans’ disability law. At Disability Law Group, we are committed to fighting for the rights of our clients, ensuring they receive the benefits they deserve, no matter how complex or prolonged the journey may be.

If you or a loved one are facing challenges with a VA disability claim, our experienced attorneys are here to help. Contact Disability Law Group to ensure your rights are protected and to secure the benefits you have earned through your service.