family meets with an attorney for daughter's disability beneftis

Case Spotlight – January 2022

Attorney Erika Riggs was contacted by a family from Allen Park, Michigan, who had been referred to her for help with their disabled adult daughter. Prior to contacting Attorney Riggs, the family had gone through a long, complicated battle on their own for the daughter’s disability benefits. She has autism and severe, congenital oral apraxia. Her father was a retired psychiatrist and had been previously told that the only benefit available for his daughter was called Supplemental Security Income (SSI). However, he was first told that she would not qualify for SSI as the account in her name placed her just over the resource limit. Therefore, after a Special Needs Trust was properly established for her, the family submitted an application for SSI to the Social Security Administration (SSA).

To be eligible for SSI, the claimant must be under the resource limit and considered “disabled” under SSA’s strict definition for disability. Specifically, the claimant must be under resources which is about $2,000.00 for an individual or $3,000.00 for a married couple. SSA takes a strict approach to evaluating the claimant’s resources, and will closely examine all assets when determining eligibility. These assets include, for example, money in bank accounts, pension, 401K, stocks, and more, and considers all other kinds of support (e.g. alimony, child support, settlement funds, etc.). Thankfully, his daughter was 32 years old when her SSI claim was approved, meaning that SSA agreed that she was both disabled since she filed at age 32, and that she met the resource-threshold to qualify.

However, her father wondered if this was the right disability benefit for her, and he became worried about what would happen upon his passing; he knew that his disabled daughter may not be able to sustain on the SSI amount alone. He discovered another disability program that could be available for his daughter, called Disabled Adult Child (DAC) benefits, also known as Child’s Disability Benefits. For DAC eligibility, as opposed to SSI, resources and assets (other than income from work), are not considered. The DAC benefit provides Social Security Disability (SSD) benefits to a disabled adult – based on the work record of their qualifying parent – who can prove that the disability began prior to attaining age 22. Additionally, a qualifying parent would need to have acquired sufficient work credits before one of the following triggering events: retirement, disability, or death.

In this case, the disabled daughter would be eligible for DAC benefits based on her parent’s qualifying work record and upon her father’s retirement, triggering technical eligibility. Therefore, the family decided to file for DAC disability benefits on their own since they also already had a determination that the daughter was disabled from SSA as she continued to collect SSI payments. Further, with her father being a psychiatrist, and a wonderful advocate for his daughter, he figured he would be able to help her win on their own without a disability attorney. Unfortunately, however, they received a denial for her DAC benefit claim. The reason for her denial was that SSA determined that her conditions, autism and severe oral apraxia – although currently considered to be severe – were not found to be severe enough under the rules to find her “disabled” and unable to work prior to her reaching age 22 (ten years prior). At this point, he knew he needed to call an experienced disability attorney to help with an appeal.

When he called Disability Law Group, he was met with kindness and expertise. Attorney Erika Riggs took careful time to review all of the records and talk with the family to understand how to best advocate for her client. She decided that she would take the case and help win DAC benefits for his daughter, knowing that it would not be an easy fight; she was up for the challenge. Our team ordered all missing and updated medical evidence to help support disability since before her client turned age 22. Attorney Riggs also drafted detailed Medical Source Statements and Residual Functional Capacity (RFC) report for her client’s doctors to complete to help add more evidence. She then obtained letters in support from her client’s family, adding further support to her case. Team DLG submitted all evidence, and diligently followed up on her case. Erika argued that her client met the new listing for Autism, under SSA Listing 12.10, showing that she met all the criteria required since well before she turned age 22. The Autism Listing 12.10 requires medical proof of both qualitative deficits in verbal and nonverbal communication as well as social interaction, and at least a marked limitation in two (or extreme limitation in one) of the following criteria:

  • Understand, remember, or apply information
  • Interact with others
  • Concentrate, persist, or maintain pace
  • Adapt or manage oneself

Within just 6 months, after filing an appeal called a Request for Reconsideration, SSA agreed that Erika’s client had truly been disabled under the rules, and unable to work, for at least the last 10 years. Therefore, SSA overturned their initial decision and approved DAC benefits for her client. As a result, she is now receiving thousands of dollars more in benefits, and their family has peace of mind in knowing that she is now collecting a more substantial benefit, preservation of her assets, as well as Medicare insurance to help with her ongoing medical care.

If you or someone you know has severe autism, or other serious problems that keep you from being able to work and affect your ability to function normally, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We pride ourselves on helping disabled individuals receive disability benefits as quickly as possible. Whether you have been denied, or if you would like advice from the very start, contact us today and speak with an attorney for a free consultation to understand your rights and get the representation that you deserve.

Claim Form Social Security Insurance Benefits Employment And Labor

December Case Spotlight

In May 2021, attorney Randall Mansour received a phone call from a discouraged man who was denied by the Social Security Administration for a second time and needed assistance with an appeal. He had a prior Unfavorable decision from an Administrative Law Judge (ALJ) dated October 17, 2018, which he never appealed. In his case, the time to appeal or bring a new claim is especially critical because his work credits expired shortly after the prior ALJ’s decision. The date his work credits expired is called the date last insured (DLI) of December 31, 2018. The importance of the DLI in this case is that he must have been found to be disabled before the DLI for him to be eligible for Social Security Disability (SSD) benefits, and now also that his disability had significantly worsened since the prior ALJ decision. The claimant was suffering from a combination of physical and mental health conditions that had worsened over the last few years.

He knew he needed help and searched for the best attorney for him that would fight for his disability benefits. When he called Disability Law Group, he was met with empathy and felt confident that he was at the right place for help in his disability claim. Within a week of receiving his signed documents, we filed our appearance to assist him with his case at the hearing level. During this period, we ordered updated medical records from his health providers, and focused specifically on any significant medical records between October 2018 and December 2018.

Upon further review of his case, attorney Randall Mansour discovered that the claimant had only re-applied for Supplemental Security Income (SSI) and not SSD, believing that his credits had expired and therefore that he would not qualify. Additionally, when the claimant re-applied, he stated that his disability began on December 18, 2019, which was after his DLI, thereby precluding SSD eligibility.  Attorney Mansour explained the process to his client and immediately filed a claim for SSD, stating he had been disabled since November 5, 2018. Next, he obtained a highly supportive CT scan of the claimant’s lumbar spine confirming his worsening condition, dated November 5, 2018, which was before his DLI.

By the time of the new hearing, the claimant was prepared to testify regarding the critical period at issue for his case, knowing that all pertinent records have been submitted and reviewed. During the hearing, attorney Randall Mansour argued the claimant’s conditions worsened right after the prior ALJ decision, as indicated with the CT scan results, medical treatment notes in his file, and the claimant’s well prepared testimony.  The ALJ agreed and allowed the motion to go through, resulting in a favorable decision which was rendered approximately 3 weeks after the hearing was held.

Our office continued to fight diligently for our clients’ Social Security Disability benefits. By amending the claimant’s alleged onset date backwards before his DLI expired, the claimant immediately receives Medicare, a higher monthly Social Security check, and a substantially greater lump sum payment for his back-pay.

If you or someone you know are suffering from any physical impairments or mental health, contact us today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We will work with you, and alongside your doctors, to ensure all evidence needed is received. You can rely on our team at Disability Law Group from start to finish to provide you with the expert advice and compassionate representation and the benefits you deserve.

korean war veteran holding american flag

November Case Spotlight

In November 2021 Partner Mandy Kelly received a great win for a Korean War Veteran. The Veteran became Mandy Kelly’s client several years ago while trying to prove that his service-connected conditions prevented him from working.  In April 2020, attorney Mandy Kelly was successful in proving that the Veteran was entitled to receive Individual Unemployability benefits retroactive to 2009 due to his service-connected back condition and his traumatic brain injury (TBI). Individual Unemployability is granted when a veteran’s service-connected conditions prevent him or her from securing or maintaining substantial gainful employment. The Veteran and his spouse were elated with such a large retroactive amount, but Mandy Kelly knew that the fight for all of his benefits and her work was not done.  The Veteran also suffered from Parkinson’s disease and Mandy Kelly knew that it was important for her to get this condition service-connected as well.  With Parkinson’s Disease being such a severe condition, it was important to protect the Veteran’s spouse in the event that his condition caused his death in the future. One way a veteran’s spouse is entitled to continuing benefits after a Veteran passes is if the veteran dies due to a service-connected condition.

Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability.  In this case, attorney Mandy Kelly was able to provide the Board of Veterans’ Appeals with medical literature and a well-reasoned medical opinion supporting the conclusion that current medical research indicates that those who suffer a TBI are more likely to develop Parkinson’s disease.

A Board of Veterans’ Appeals Decision from July 2021 ultimately determined that the Veteran’s Parkinson’s disease was proximately due to his service-connected TBI.  The lawyers at Disability Law Group understand that a favorable decision like this one can give a veteran comfort in knowing that if something happens to him, continuing benefits for a surviving spouse will be there. If you, or someone you know, suffers from a TBI or Parkinson’s disease, and believe it was caused by service, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. Whether you were already denied or if you would like advice from the very start, contact us today and speak with one of our attorneys to understand your rights and get the representation that you need.

woman suffering from heart conditions

October Case Spotlight

In the early part of 2020, attorney Erika Riggs was contacted by a woman from New Baltimore, Michigan, who had been referred to her as someone known for zealous and compassionate representation. She had previously worked for decades in sedentary type positions for Motor City Stamping and as a purchasing agent for a local plant. However, by about age 50, she began experience increased pain and symptoms making it difficult for her to do the work she loved and took great pride in for the majority of her life. She suffered from heart conditions, palpitations, hypertension, arthritis of her neck and back, fibromyalgia, Barrett’s esophagitis with severe stomach and esophageal pain, as well as anxiety. On top of this, her husband passed away and her children were all grown with busy lives of their own. After exhausting her savings and 401K for nearly 10 years after she stopped working, and now at almost 60 years old, she was told by a friend that there may be programs available to help her; she knew that she could no longer work due to her health problems, but she did not know about programs like Social Security Disability, Disabled Widows Benefits, and Supplemental Security Income.

Attorney Erika Riggs immediately got to work on her case, explaining what programs are available to her, what to expect from the very start, and how to increase her chances of being approved. The team at Disability Law Group prepared and submitted her application for Social Security Disability benefits, and diligently followed-up on the case. Mrs. Riggs believed that her client would be working if she was able, but that her medical conditions have become too severe and debilitating for her. Erika always made herself available via email correspondences, text messages and phone calls to ensure that her client was informed along the way while her office obtained all medical records and supportive documents. Unfortunately, this case presented the additional challenge of proving that her disability began before her work credits expired in December of 2015, nearly 5 years prior to filing the application and reaching out for help.

Many people do not know that there is an expiration date for our work credits, and that the timing of that is controlled by when the individual claiming disability stops working. Generally, you have 5 years from when you stop working full-time, assuming you have enough work credits based on your prior work history, to be eligible for disability benefits. In this case, Erika knew that she would need to work with her client’s doctors to obtain medical source statements detailing her symptoms and limitations beginning in at least 2015. While this was no easy task, especially considering some of these doctors were no longer treating her client or even located in Michigan, she was up for the challenge.

During the video hearing before the Administrative Law Judge (ALJ), Erika presented evidence showing that her client was unable to tolerate the Stress Test attempted in 2014, and obtained testimony from her client demonstrating that she felt tired, weak, and short of breath on a daily basis, in addition to the pain and anxiety she struggled with daily since that time. Next, Mrs. Riggs argued that, as a result, her client would be unable to perform the mental demands of her skilled past work she was used to performing for so many years, and that therefore even with a Sedentary RFC since 2015, she would be found disabled under the applicable Medical-Vocational Rules. The ALJ then went right to the Vocational Expert (VE) and agreed that Erika’s client is “disabled” under Social Security’s rules, and awarded her benefits, resulting in tens of thousands of dollars of back-pay owed to her, along with Medicare insurance coverage.

If you or someone you know are suffering from pain or other serious problems that keep you from being able to work and affect your ability to function normally, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We pride ourselves on helping disabled individuals receive disability benefits as quickly as possible. Whether you have been denied or if you would like advice from the very start, contact us today and speak with an attorney for a free consultation to understand your rights and get the representation that you deserve.

Family member of SSDI client

September Case Spotlight

In January 2020, attorney Randall Mansour received a phone call from a discouraged woman who was denied by the Social Security Administration at the initial level. The claimant was suffering from severe mental health conditions that had worsened over the last few years. At this point, her mental health provider had recommended she apply for benefits, as she too was concerned about her patient’s mental state and ability to function, especially in a competitive work environment. Her therapist knew that this woman needed help and additional resources that could get her through this tough time and even improve her quality of life.

When she called Disability Law Group, she was met with empathy and felt confident that she was at the right place for help in her disability claim. Immediately, Disability Law Group worked together to file her request for reconsideration on the earlier decision denying her benefits to ensure the Social Security Administration would take another look at her disability claim. During this period, our staff worked diligently to obtain updated medical records from her mental health provider, and her attorney even drafted a Medical Source Statement to help document the severity of her symptoms and resulting work-related limitations of her conditions. While another denial was issued at the Reconsideration level – which is most common at this stage – Mr. Mansour did not give up. Our staff immediately filed an appeal, requesting a hearing before an ALJ.

Within only a few months of filing the appeal to appear in front of an ALJ, a phone hearing was scheduled. Prior to the phone hearing, an additional Medical Source Statement from the treating psychiatrist was requested and obtained in support of her case. Moreover, Attorney Mansour submitted a detailed memorandum to the ALJ that asserted the claimant met a mental Listing due to the severity of his client’s mental health impairments. The ALJ considered everything and decided to send the claimant’s file to a Medical Expert for interrogatories. Once Randall received the unfavorable interrogatories, he reviewed them immediately and filed an objection to the Medical Expert as the doctor was a pediatrician and not a psychiatrist who specializes in mental health.

Fortunately, the ALJ agreed with counsel’s objection and scheduled a supplemental hearing with a psychiatrist to reassess the claimant’s conditions. At the hearing, the psychiatrist agreed that the claimant not only met one listing but also met at least two other listings which resulted in a ‘Fully Favorable’ decision. Thankfully, our client can now obtain not only back-pay she was owed and monthly benefits to rely on in helping her pay her bills and provide her with a critical medical insurance to seek additional services, but she felt heard and supported.

If you or someone you know are suffering from any impairment – mental, cognitive and/or physical – contact us today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We will work with you, and alongside your doctors, to ensure all evidence needed is received and your rights are protected. You can rely on our team at Disability Law Group from start to finish to provide you with the expert advice and compassionate representation to help deliver the benefits you deserve.

A woman holding a folded American flag at a funeral.

August Case Spotlight

In August 2021 Partner Mandy Kelly received a great win for a widow of a disabled Veteran. The Veteran surviving’s spouse came to Mandy Kelly several years earlier contending that her husband’s brain cancer was caused by his exposure to oil well fires and burn pits while serving in Kuwait. The widow was armed with medical literature to support this contention, but she knew brain cancer was not a condition that the VA presumes is caused by exposures from the Gulf War. Mandy Kelly knew that this would be an uphill battle for this widow but was willing to take on the challenge.  The Veteran served on active duty from 1989 to 1993, with additional National Guard service. Military personnel records demonstrate that the Veteran was involved in Operation Eager Mace in Kuwait. After thoroughly reviewing the Veteran’s service records, Mandy Kelly was able to obtain not one, but three doctors to agree that the chemicals the Veteran was exposed to can lead to brain cancer.

Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.

To establish service connection for cause of death, there are many complex rules and difficult hurdles that a veteran must meet. However, a veterans disability attorney can help a veteran navigate the veterans benefit process, and help prove that the disability incurred in or aggravated by active service either caused or contributed substantially or materially to the cause of death. 38 U.S.C. § 1310. A service-connected disability will be considered as the principal (primary) cause of death when such disability, singly or jointly with some other disorder, was the immediate or underlying cause of death or was etiologically related thereto. A contributory cause of death is inherently one not related to the principal cause. In determining whether the service-connected disability contributed to death, it must be shown that it contributed substantially or materially, that it combined to cause death, or that it aided or lent assistance to the production of death. It is not sufficient to show that it casually shared in producing death, but rather it must be shown that there was a causal connection. 38 C.F.R. § 3.312.

A Board of Veterans’ Appeals hearing was held in February 2021 and all legal arguments were presented by attorney Kelly. In the end, the Judge agreed with Mandy’s arguments and held that the evidence supplied supported that the Veteran’s brain cancer was at least as likely as not caused by his exposures while serving in Kuwait, ultimately leading to his death. Furthermore, Mandy Kelly also argued that the accompanying epilepsy and psychiatric conditions were also secondary service connected conditions, for which the Judge agreed.   The lawyers at Disability Law Group understand that a favorable decision like this one gives minimal solace to a grieving widow, but we know that a veterans’ surviving family member needs a strong advocate in their corner to help obtain all benefits owed. If you, or someone you know, was exposed to burn pits or oil well fires, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. Whether you were already denied or if you would like advice from the very start, contact us today and speak with one of our attorneys to understand your rights and get the representation that you need.

a woman working

July Case Spotlight

Attorney Erika Riggs was contacted by a woman from Macomb, Michigan, who had been referred to her from another attorney to help with her Social Security Disability case. She had worked as a senior accounting specialist for many years before her health problems took a turn for the worse. In August of 2018, she suffered a heart attack and underwent a triple coronary bypass; she also suffered from uncontrolled diabetes with diabetic neuropathy, retinopathy, high blood pressure, and obstructive sleep apnea. Hoping that she would recover and improve after surgery, she took about one year off work before realizing that she would not be able to return and needed help applying for SSD benefits. When she called Disability Law Group, she knew she found the right place to help her win her case. Attorney Riggs and staff immediately got to work on her SSD application.

At this level, SSA issued a ‘Partially Favorable’ decision, granting disability benefits but only back to January of 2019. However, in review of the medical evidence, Erika determined that this date was completely arbitrary and simply unfair. After speaking with her client, Mrs. Riggs filed a Request for Reconsideration, arguing that the true date that disability began in August of 2018 when the heart attack and surgery took place, and rendered her client unable to work. At this time, in October of 2020, a representative from Social Security (SSA) called Erika and stated that they were going to be requesting that her client see yet another doctor for a consultative examination. Under normal circumstances, this examination would be considered standard and there would be no issue. However, in the midst of the COVID-19 pandemic, Erika’s client was overcome with fear of attending this exam as she was at high-risk considering her severe cardiac and pulmonary conditions.

Attorney Riggs contacted the SSA representative and advised that there was already a recent examination, and now updated medical evidence in support of granting her client’s disability benefits back to August of 2018; therefore, her client would not be attending this additional exam due to the risk involved. Unfortunately, SSA then issued another ‘Partially Favorable’ decision, only this time with an even less advantageous date of November 2020 due to her turning 55 years old at that time. This new decision not only meant that the client would potentially have to wait even longer for Medicare to take effect, but also that she may have to pay back the SSD benefits she received over the few months prior while awaiting this determination. Erika talked with her client and they agreed that we would not give-up the fight, especially here when the evidence does not support the decisions made. Disability Law Group filed a request for hearing.

The hearing before an ALJ was scheduled for June of 2021. A few days before the hearing, the ALJ called attorney Erika Riggs, stating that she would never have appealed the prior decisions and asked if we would consider withdrawing the request for hearing. Erika kindly advised that we would not be withdrawing the request and, instead, we would be moving forward with the hearing scheduled seeking disability benefits back to August of 2018, when she believed her client became disabled. Mrs. Riggs drafted a thorough brief in support of the case, and she presented arguments before the Judge to help prove disability beginning on that date. Erika developed testimony from the client to confirm that her current Medicaid coverage does not cover her continuous glucose monitor, which has been a significant factor in her inability to monitor and control her blood sugar levels. Medicare is the insurance program that accompanies SSD, and Erika knew how important this insurance would be for her client.

Within just a few weeks, the decision was made: Fully Favorable! This decision meant that Erika’s client no longer has to worry about owing money back to SSA, and that she would receive thousands of dollars in additional money owed back to her as well as immediate entitlement to Medicare. This is what Erika’s client had to say: Erika Riggs is a fantastic Attorney. She looks at your case and will tell you if she feels you have a case. Then she fights for you, believes in you and stands by your side through the whole process.”

If you need an experienced, compassionate disability attorney on your side to help you win and keep the disability benefits that you deserve, contact Disability Law Group. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you at every step of the way. Whether you have been denied, or would like advice from the very start, contact us today and speak with an attorney for a free consultation to understand your rights and get the representation that you deserve.

woman with back problems

June Case Spotlight

In August 2020, attorney Randall Mansour received a phone call from a young woman who had been battling severe back problems from multiple surgeries in 2014 and 2016. Recognizing her significant health issues, but still needing a means to pay her bills, she pushed herself to work as much as she could until she began receiving short-term and eventually long-term disability benefits. Despite multiple visits to hospitals and specialist in hopes of getting better and resuming work, she realized that she was not going to be able to work, and certainly not perform the job she was used to. Her doctors agreed, and recommended that she apply for Social Security Disability (SSD) benefits. In March of 2020, she submitted her SSD application. Unfortunately, her claim was denied at the application level, and she had only a limited timeframe to appeal.

When she called Disability Law Group, she was met with compassion and care and felt confident that she was at the right place for help in her disability claim. That same day, she hired attorney Randall Mansour – with only 10 days before her appeal deadline. Mr. Mansour and his staff worked swiftly and carefully on her case, and timely filed the appeal on her behalf, even providing Social Security with pertinent updated medical records from her treating doctors. While another denial was issued at the Reconsideration level, Randall immediately filed an appeal, requesting a hearing before an ALJ. Additionally, he was able to assist his client in getting her hearing scheduled promptly by – while all hearing offices remain closed to the public due to the pandemic. Mr. Mansour worked with his dedicated team at Disability Law Group to obtain critical medical evidence, and statements in support of her case from her doctors, in addition to thoroughly prepping the client for her hearing.

Prior to the scheduled hearing, Mr. Mansour realized there was an opportunity to ask for a re-opening of a prior decision that his client had filed almost a year prior to this claim; she had never pursued that prior claim once denied in hopes of being able to return to work. During the hearing, the judge took Mr. Mansour’s arguments into consideration, specifically the chance for a re-opening, considering we had medical records in support of disability since 2016. Additionally, Randall highlighted the claimant’s exceptional work history even despite her first back surgery in 2014 and second back surgery in 2016 at which point her health deteriorated. Despite only being in her mid-thirties, he argued that the claimant’s disabilities began back in 2016, even under Social Security’s strict rules, and have continued to the present. During the hearing, we amended the original onset date to June 2016, with a request for a re-opening of the prior decision.

Within a month of her hearing, we received a Fully Favorable Decision in which the ALJ agreed to the re-opening with the amended onset date – meaning tens of thousands of dollars of additional back-pay benefits owed to his client. With this decision comes not only the validation for the client that she should not have been working after 2016, but also the financial relief and insurance to help cover her critical doctor’s visits.

If you or someone you know are suffering from any physical impairments or mental health, contact us today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We will work with you, and alongside your doctors, to ensure all evidence needed is received. You can rely on our team at Disability Law Group from start to finish to provide you with the expert advice and compassionate representation and the benefits you deserve.

hispanic male veteran with elderly female attorney

May Case Spotlight

In May of 2021, Disability Law Group partner Mandy Kelly received a win on one of her most difficult cases to date.  After several years of fighting, Disability Law Group was able to obtain service-connected disability payments for her client retroactive to 1995!  Many Veterans reach out to Disability Law group seeking assistance with obtaining their VA disability monthly compensation, but many others contact our attorneys because they are not happy with the date that their benefits were paid back to or their ‘entitlement date’ assigned by the VA.

In this case, Mandy Kelly’s client was discharged from the military in 1995 after treating several times during service for anxiety and self-induced vomiting. The Veteran filed for service connected benefits within a year of his discharge. Filing within a year of discharge would normally allow for a veteran to be granted benefits retroactive to the day after he was discharged from the military, but the VA did something that is unfortunately all too common – they sent him on a VA Compensation and Pension examination to confirm he was still suffering from anxiety. The doctor, although provided with proof of several years of documentation confirming the Veteran suffers from anxiety, determined he was not suffering from any signs of mental health symptoms.

Therefore, the Veteran’s claim was initially denied by the VA for not having a current diagnosis. The Veteran, feeling defeated and lacking the knowledge on how to fight the Department of Veteran’s Affairs alone, received the decision and failed to file an appeal in a timely manner.  Years later in 2015, the Veteran refiled again for benefits and was immediately granted service connection, but only retroactive to 2015.  After receiving this decision, he hoped that there was something that could be done to allow for the effective date back to when he initially filed. Upon being referred to Disability Law Group, he immediately had a free consultation with attorney Mandy Kelly. After a thorough review of his file, Mandy Kelly found the evidence she was looking for to support that the Veteran was entitled to an earlier effective date. The basis for an earlier effective date is that under the provisions of 38 C.F.R. § 3.156(b), VA was in “constructive possession” of relevant VA inpatient and outpatient treatment records within one year of the otherwise final 1995 Rating Decision.

A Board of Veterans’ Appeals hearing was held in November 2020 and all legal arguments were presented. The Veteran provided testimony and was represented by Mandy Kelly during his hearing before the Judge. Ultimately, the Judge agreed with Mandy Kelly and granted the Veteran his retroactive benefits back to 1995! After years of struggling with not only his own mental health symptoms, but also dealing with the earlier rejection by the VA and the agency’s contracted doctor, the Veteran received the relief and monetary compensation through the VA that he deserves.

If you or someone you know was recently granted service connection for PTSD, anxiety, or any other service connected condition, and believe you are entitled to an earlier effective date, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. Whether you were already denied or if you would like advice from the very start, contact us today and speak with one of our attorneys to understand your rights and get the representation that you need.

female attorney with female client

April Case Spotlight

In the early part of 2020, attorney Erika Riggs was contacted by a woman from Troy, Michigan, who had been looking on google for the best attorney to help her win her disability case. After reading reviews on many disability law firms, she chose to hire Disability Law Group. She knew from the beginning that she did not want to go through the disability process alone, and needed a law firm that would be available to talk with her, carefully review her file, answer all questions she had, and treat her with compassion and respect. She found all of those qualities in Disability Law Group.

Attorney Erika Riggs immediately got to work on her case, explaining what to expect from the very start and strategizing ways to help her chances of being approved as quickly as possible. The team at Disability Law Group prepared and submitted her application for Social Security Disability benefits, and diligently followed-up on the case. Mrs. Riggs believed that her client would be working if she was able, but that her medical conditions have become too severe and debilitating for her. Unfortunately, her client suffered from severe neck pain and numbness, trouble with her balance, bladder problems, and depression; she found herself needing to complete physical therapy, chiropractic care, and nightly bladder installations, after being tried on a variety of medications that only offered her temporary relief. Erika always made herself available via email correspondences, text messages and phone calls to ensure the records were up-to-date with all medical records and supportive documents.

While the vast majority of cases are denied at the initial application level, Attorney Riggs and the team at Disability Law Group made it their priority to ensure all evidence was received, to help increase the chances of approval at the initial level or as quickly as possible. Thankfully, by January of 2021, Disability Law Group confirmed that Erika’s client was approved at the initial application level. This decision allowed for the client to receive back-pay benefits in the form of a lump sum to the client, as well as Medicare insurance coverage. Here is what the client had to say in her review:

Client Review:

It is my honor to write a recommendation for Erika Riggs and her law firm, Disability Law Group. It was with great trepidation that I apply for Social Security Disability. Leaving a job I loved after 22 years, going through the seemingly arduous task of applying for SSD, learning to live as a disabled person was so overwhelming to me to me I could barely think about it. A friend recommended I get an attorney. I found Erika through google, and I am so happy I did.

Erika and I spoke at length on the phone, she clearly explained what I would need to do and what she would do for me. When the conversation ended I felt sure she would work very hard on my behalf, and she did.

Every phone call I made to her was promptly returned, her assistant was professional, always helpful and accommodating. They kept me informed of every detail as we moved through the process. I first spoke with Erika in January 2020, I had just left my job, my beloved sister had recently passed away and I was living in extreme pain. She was so kind, so understanding and so determined. Two weeks ago I was approved for SSD. I never met Erika face to face, but I feel I have known her forever. I cannot recommend her strongly enough.

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If you or someone you know are suffering from pain or other serious problems that keep you from being able to work and affect your ability to function normally, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We pride ourselves on helping disabled individuals receive disability benefits as quickly as possible. Whether you have been denied or if you would like advice from the very start, contact us today and speak with an attorney for a free consultation to understand your rights and get the representation that you deserve.