Social Security Corner Q & A:
We received the following question via our website, www.socialsecuritycorner.com from Wendy of Bakersfield Ca.:
“Hi. my name is Wendy and back in 2013 I applied for social security disability. At that time I was under the care of an orthopedic doctor that filled out a “Residual Function Capacity” form for me, and as far as I know the Social Security Administration recieved my medical records from the hospital and clinic that I stayed in. At that time, and in that place, my doctor stated and diagnosed me as having a valgus knee as well as carpal tunnel syndromem, and as far as he was concerned, my disability/knee was not likely to ever improve or change. After this diagnosis, the Social Security Administration granted me Social Security Disability benefits and then almost as quickly as I was granted disability, the Social Security Administration up and denied me for benefits. I, of course, appealed the decision and went before an Administrative Law Judge for a hearing, at that time it was the judge’s decision that I only qualified for benefits that would cover that actual time that I missed work due to my injuries. Since that time and decision, I have relocated from California to North Dakota where I have continued to struggle with my knee and carpal tunnel syndrome, both of which have proceeded to progress and worsen to the point that I have had to have surgery this past August. As it turns out, my original doctor’s diagnosis was correct in my “residual function capacity” form, my condition HAS continued to worsen, leaving me disabled to the point that I am unable to work. When asked about why my original doctor’s diagnosis was ignored, the Social Security Administration informed me that “I could not prove that my disability would last more than 12 months.” My disability HAS lasted more than 12 months and as each day passes my condition continues to worsen. Can I file a lawsuit against the Social Security Administration for ignoring my doctor’s diagnosis? Please help!”
Eric Brown is an attorney that heads Jones Brown Law’s Social Security Administration Law division. He took the time to answer Wendy’s question at www.socialsecuritycorner.com in the following manner:
“Wendy, I am so sorry to hear about your ailments and struggles. First, let me say that you DO need to consult a local attorney there in North Dakota that has experience in Social Security Law that can and will help you with your claim. Having said that, I would also say that you do not have a course of legal action against the Social Security Administration just because the ruled against your claim. The Administrative Law Judge has discretion with regard to how much weight to give a “Residual Function Capacity” form received from a medical provider. They are required to justify their determination though, so your best course of action to combat the Social Security Administration’s decision is to appeal it. That is where your attorney would come into play and help you receive the benefits you deserve.”
Jones Brown PLLC: Eric B. Brown
Eric B. Brown is an attorney who grew up in a small town in rural New Mexico. He attended Brigham Young University in Provo, Utah where he received a Bachelor’s Degree in Social Psychology. He then moved to Tulsa, Oklahoma to attend law school at the University of Tulsa College of Law.
Having been preparing bankruptcy cases for the last 5 years, Eric has filed more than five hundred Chapter 7 cases to date. He enjoys the practice of bankruptcy because it allows him to truly help people at the time of their greatest financial need. His bankruptcy practice focuses on individual consumers with personal debt as well as small businesses needing to liquidate.
Eric also has a robust Social Security Disability practice where he has represented clients in close to one hundred Social Security hearings since he began practicing Social Security law. He has helped Social Security claimants get benefits who have both physical and mental disabilities, and enjoys this practice because it allows him to help those whose circumstances have rendered them unable to work. He is an advocate for those who have spent their whole working lives paying into an insurance system (our Social Security Disability system) that has now denied them the benefit of that insurance at the time of their greatest need.
Eric also works with Personal Injury clients that have been injured, due to no fault of their own, and he helps them get the treatment and compensation they need and deserve.
Contact Eric Here: