February, 2016: Jason’s Case: How Smoothly a Social Security Disability Application Can Go With a Lawyer’s Assistance
Jason’s claim is a wonderful example of how quickly and easily (and successfully) a Social Security disability (SSDI) claim can be addressed if one has the benefit of an attorney’s good advice and assistance in the process. Jason was in his mid fifties and had worked the vast majority of his life in for a laborers’ union undertaking the toughest of tasks: whether it be laying railroad tracks, digging ditches, shoveling, hauling rails, pouring concrete or assisting with demolitions, you can be sure Jason had been involved. Ultimately, various orthopedic problems affecting his shoulders, knees and back had taken their toll and caused Jason to file for his retirement early. It wasn’t until a couple of years later that Jason was having a conversation with a friend with whom he had worked through the Union that the topic of Social Security disability came up. His friend had contacted our office some years prior to assist with the filing of his SSDI claim, and with the good results we had obtained for him. He in turn recommended that Jason check in with his NH Social Security lawyer so as to see if he might qualify as well (and to see if we might be able to obtain similar results for him).
Upon reviewing Jason’s claim and the physical issues with which he had been dealing over the past couple of years it became evident to our office that he might meet one of Social Security’s grid rules based on the hard labor type work he had undertaken his entire life, his somewhat limited education and the fact that he had not received any college or vocational training that would allow him to transfer to other types of employment that might be of a lighter or sedentary nature. These issues, along with the orthopedic problems that had been plaguing Jason, caused our office to believe that Jason, indeed, was entitled to these benefits. Given this, we agreed to represent Jason and to assist him with the filing of his SSDI claim through the Concord, New Hampshire Social Security office, helping to ensure that all of his medical and vocational history was properly related to the office on his initial filing. Shortly thereafter, N.H. Disability Determination Services (DDS), as is their custom, sent an Adult Function Report to be addressed. As we have discussed elsewhere, it is quite important that a proper detailed description of one’s abilities and activities is relayed in this form as the Social Security Administration (SSA) pays close attention to this form’s contents. Likewise, we worked with Jason to obtain medical reports from his doctors that addressed specifically Social Security’s rules and regulations regarding his conditions. Since it appeared that his knee conditions would meet one of Social Security’s listings of impairments, we requested that both his primary care physician and his knee surgeon address both a listing of impairment form that addressed Social Security listings of impairments 1.02/1.03 having to do with medical conditions that involve Major Dysfunction of a Joint and a Physical Residual Functional Capacity Questionnaire that addressed the extent to which his medical condition would impact his ability to perform activities necessary for work functions.
Working together as a team, we were able to obtain both retroactive and ongoing disability benefits for Jason in less than three (3) months’ time. We avoided what could have been a lengthy appeals process at the Manchester, NH Office of Disability Adjudication and Review. Needless to say, our network of union clients are quite happy with the results we’ve been able to get for them. If you or a loved one find yourself displaced from work as a result of disabling medical conditions (either from illness or injury), then contact the Law Offices of Russell J. Goldsmith at 1-800-773-8622 for a no cost consultation so as to see how might assist you in obtaining the benefits you’ve worked so hard for all of your life.