Significant Social Security Disability Cases

Manuel N.: Client suffers from Post Traumatic Stress Disorder as a result of his Vietnam War combat experience. Although he had to stop working in 1984 because of his PTSD symptomotology, he did not seek treatment and was not diagnosed with PTSD until 1996, seven years after his insured status for disability benefits expired. In order to qualify for disability benefits, we had to, and did, show Manuel was disabled years prior to his initial PTSD diagnosis. The district court reversed the Social Security Administration’s denial of disability benefits. Total award: over $100,000 plus future benefits.

Doug B.: Client suffers from PTSD as a result of his Vietnam War combat experience. He last worked in 1976 but was not diagnosed with PTSD until 1986, approximately six years after his insured status for disability benefits expired. After the federal district court ordered the Social Security Administration to correct the errors in its first decision, an administrative law judge on remand found Doug disabled. Total award: over $100,000 plus future benefits.

Ulys K.: Client suffers from schizophrenia. In 1976, he applied on his own for Social Security disability benefits but his claim was denied. In 1996, he reapplied and was found eligible for benefits beginning in 1996. The Social Security Administration refused to reopen his 1976 claim. We persuaded the federal district court that the 1976 notice was constitutionally defective. As a result of our work, Ulys received benefits from 1975 until 1995. Total award: over $175,000 plus future benefits.

Nunzio L.: Client was a retired police sergeant and had to stop working because of physical problems. The administrative law judge found that he acquired skills from his past work as a police sergeant which he could transfer to the skilled position of police dispatcher. We obtained vocational evidence showing that this was incorrect. In addition, our cross-examination of the vocational expert called by the administrative law judge showed that his transferability of skills testimony was erroneous. Total award: over $100,000 plus future benefits.

Don R.: Client suffered from degenerative joint disease in his knees. He had worked as a police officer but could no longer perform that work. The administrative law judge found he could perform light duty work and denied his claim. Our appeal to the federal district court was successful. Total award: over $125,000 plus future benefits.

Albert J.: Client stopped working in 1983 and applied for Social Security disability benefits. He was represented by an attorney and the claim was denied. That attorney did not appeal the denial. The client reapplied for benefits in 1992. After the initial denial on his second claim, he came to our office in 1993. An administrative law judge again denied his claim finding that Albert could perform his past relevant work. We represented Albert before two different administrative law judges in four different hearings as well as in three federal district court appeals. After the Social Security administration again denied his claim, we filed an appeal to the federal district court. After our opening brief, the government agreed that it had made a mistake and that Albert was entitled to disability benefits. As a result of our work, the client received disability benefits back to 1991. Total award: over $124,000 plus future benefits.

Significant Veterans' Disability Cases

Sid C.: Veteran diagnosed with PTSD. Denied VA disability benefits because stressor could not be verified. After a thorough review of the VA claims folder we discovered information supplied years before but not considered by the VA in making its decision to deny the veteran. By demonstrating how the VA mismanaged its own processes, we established entitlement to 100% service connected disability benefits for PTSD going back over six years. Total award: over $135,000 plus future benefits.

Greg S.: The VA improperly interpreted the rule governing how much service connected disability is required too make a veteran eligible for total disability for unemployability. The VA also ignored this veteran’s original claim stating his inability to work. The appeal went before the Seattle Regional Office where we established total disability and obtained over $28,000 in retroactive disability benefits. We continued to appeal on behalf of the veteran seeking to obtain an earlier effective date for the onset of total disability. This appeal resulted in a finding of disability back to 1990. More than $97,000 retroactive disability benefits were obtained for the veteran. We continue to appeal the onset date of disability, seeking to establish disability back to 1983. The appeal is currently pending before the VA’s Central Office in Washington, D.C. Total award to date: over $125,000 plus future benefits.

Gary D.: The VA denied veteran’s requested increase of disability for PTSD. The VA limited service –connected PTSD to a rating of 30%. The VA attributed most of the veteran’s disability to non-service connected mental disorders. On appeal, we established veteran’s PTSD was 100% service connected and totally disabling going back many years. Total award: over $137,000 plus future benefits.

Significant Railroad Retirement Disability Cases

Ed B.: The RRB denied claimant’s application for a disability annuity stating he could continue working as a dispatcher, a position the claimant had held for over 20 years. The claimant suffered from chronic back pain. We obtained all relevant medical evidence, a statement from his treating doctor, and statements from his coworkers describing the difficulties he was having on the job. We presented all of this evidence in a hearing before a Hearings Officer. Based on the additional evidence we obtained from the claimant’s doctor and his coworkers, as well as our thorough cross examination of the vocational expert at the hearing, the claimant was found disabled and eligible for a RRB disability annuity. Total award: over $40,000 plus future benefits.