Category: Case Spotlights

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.

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.

2. 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.

3. 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.

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.

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.

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.

 

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.

 

 

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.

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.

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.

 

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.