Disability Law Group: November Case Spotlight

In October 2019, attorney Randall Mansour received a phone call from a woman who had been battling serious health problems, including severe migraines, chronic obstructive pulmonary disease, deep vein thrombosis, and hypertension. She had also recently began to experience depression due to her worsening health and inability to work or function like she used to. Recognizing significant health issues and trauma was no new territory for her as she spent many years working as a certified nurse assistant, but she was young and did not want to accept the fact that she should not be working at any job. Although she was experiencing significant health problems while working as a nurse assistant, she tried to transition to another field of work as a gas station manager.  Unfortunately, her physical ailments made it difficult to sustain that type of work, as she continued to be absent from work weekly. After talking with many doctors and her family, she knew it was time to consult with a disability attorney, but she wanted to make sure she was dealing with someone reputable who truly cares about their clients and only specializes in this type of work. 

When she called Disability Law Group she was met with compassion and empathy; she hired attorney Mansour after their initial free consultation and began the process of waiting for her hearing with him by her side. Mr. Mansour was able to obtain a hearing for the claimant less than 12 months from her initial application. More importantly, the Disability Law Group assisted the client from start to finish, from the application stage, then the appeals, then the hearing. Randall was able to assist his client in getting her scheduled right away through a phone hearing, instead of postponing and waiting for a live in-person hearing. Additionally, he also worked with his case manager and 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.

In his brief, not only did Mr. Mansour provide a detailed analysis of his client’s health problems and treatment, he argued that her conditions were so severe they met or medically equaled the relevant Listing, and requested that the ALJ award benefits by finding her to be “disabled” pursuant to Listing 4.11 for Chronic venous insufficiency of a lower extremity with incompetency or obstruction of the deep venous system. This Listing requires medical documentation of many specific criteria, such as adherence to treatment for at least 3 consecutive months along with:

  • A. Extensive brawny edema involving at least two-thirds of the leg between the ankle and knee or the distal one-third of the lower extremity between the ankle and hip

Or

  • B. Superficial varicosities, stasis dermatitis, and either recurrent ulceration or persistent ulceration that has not healed following at least 3 months of prescribed treatment.

During the hearing, it was revealed the records showed earnings after her alleged onset date of May 2019; however, we made the argument the earnings were not considered earned income, but rather employer-provided benefits. Instead of potentially losing several months of back pay, we respectfully requested additional time to provide documentation from her previous employer. The judge allowed 14 additional days to provide her with the documentation. Mr. Mansour and his staff worked diligently to retrieve that documentation, which saved the client thousands of dollars in potential monthly benefits.

After careful review, the ALJ agreed that Randall’s client was disabled, finding the letters from her employers and reports obtained from her doctors that Disability Law Group carefully drafted for her case to be “persuasive.” By October 2020, less than one month from the date of the hearing, both the claimant and counsel had received the good news: Fully Favorable Decision. With this decision comes not only the validation that she should not have been working, but also the financial relief and insurance to help cover her critical treatments. The client hopes to obtain full-time employment again if her conditions and symptoms subside, and with proper treatment and care, this could be obtainable in the near future.

If you or someone you know are suffering from any physical impairments, specifically trouble with sitting and standing due to lower extremity problems and/or mental health conditions, 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. Whether you were already denied and need to file a request for reconsideration or an appeal, or if you would like help 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.