Social Security Disability Results

Our firm successfully secured SSD/SSI benefits for a young man in his early 20s with autism, despite significant challenges in the case. On paper, the claim was difficult: he had a limited medical record, a history of some work activity and plans to attend college full-time away from home for the first time.

Recognizing that the claimant might unintentionally minimize his limitations during testimony, we strategically limited his statements at the hearing and requested testimony from his mother instead. Her detailed account provided critical insight into his daily functioning, ongoing struggles and the support he requires to pursue his educational goals.

This case was challenging on paper, and it showed that individuals do not always recognize or can speak about their own limitations. This made the caregiver testimony essential to presenting a complete and accurate picture, which ultimately led to a fully favorable SSDI/SSI decision

Our firm recently helped a client obtain Social Security Disability benefits after an initial denial, despite a diagnosis of Stage 4 pancreatic cancer with liver metastases. The denial stemmed partly from delays in reaching the correct diagnosis. Once the condition was identified, the client underwent major surgery to remove the metastasized areas.

As happens all too often in cancer cases, Social Security assumed that the client had “recovered” following surgery and treatment and denied benefits at the initial stage. To strengthen the claim, our team recommended obtaining a functional capacity assessment to clearly document the client’s physical limitations. When combined with updated medical records, the evidence showed that the client met the requirements for an automatic finding of disability under the Medical Vocational Grid rules.

Because the case was so strong, our attorney requested a fully favorable decision on the record; arguing that the available medical evidence was more than sufficient, making a hearing unnecessary. The request was granted, sparing the client the emotional difficulty of testifying about a very traumatic experience.

Cases like this demonstrate why experience matters when navigating the complexities of Social Security Disability claims.

Our firm recently secured a favorable decision for a client living with ongoing grand mal and focal seizures that have been resistant to multiple medications. Despite trying several treatment options, the client continued to experience seizures several times each month, severely impacting daily functioning and the ability to work.

Through careful documentation and presentation of medical evidence, our team successfully established that the client met the Social Security Administration’s listing for seizure disorders. Based on this evidence and our legal arguments, disability benefits were awarded.

We are proud to have helped this individual obtain the support needed to focus on health and stability.

Our firm recently won benefits for a 55-year-old former customer service clerk with serious health issues, including chronic neck and knee pain, recurrent hypoglycemia and a history of spinal fusion surgery. Despite ongoing treatment, she continued to suffer daily headaches, dizzy spells and frequent falls.

Although Disability Determination Services believed she could return to sedentary work, we successfully argued that her chronic pain limited her focus, restricting her to unskilled work, and that her hypoglycemic episodes would cause her to be off-task too often.

The Judge agreed and applied Grid Rule 201.14, which directs a finding of disability for individuals over 50 who are limited to unskilled, sedentary work with no transferrable skills.

This case shows how our firm’s experience and advocacy can make the difference when it matters most.

Our client, a home health aide under 40, underwent ankle surgery that led to complications and poor healing. Over the course of 20 months, she required multiple surgeries and was unable to work due to ongoing pain and limited mobility.

Once fully healed and released from her surgeon’s care, she returned to work and steadily increased her hours. Given the clear medical documentation and her poor recovery, we pursued a closed period of disability benefits.

The Social Security Administration approved the claim, providing crucial support during her recovery.

This case highlights the importance of carefully evaluating the claim using the medical evidence and work history to secure the best possible outcome for the client.

Our client faced several serious mental health conditions, including depression, anxiety, attention deficit hyperactivity disorder, obsessive compulsive disorder, bipolar disorder and borderline personality disorder. In cases like this, it can be difficult to prove that a person is unable to perform simple, routine tasks without regular supervision and help from others.

Initial treatment notes suggested some improvement after the client began a new medication plan. At the hearing, the judge questioned whether this stability meant the client could return to work.

Our attorney had carefully reviewed the entire medical record and noted each medication change and its outcome. While some symptoms had improved, the client continued to report ongoing depressive episodes. Our attorney explained that although there were periods of stability, the depression remained severe enough to prevent consistent functioning.

By conducting a focused direct examination and referring to specific treatment notes, our attorney showed that the depressive episodes were long-lasting and disruptive. Even with treatment, the client would be unable to attend work regularly.

Our attorney successfully demonstrated that the frequency and severity of the client’s symptoms would result in excessive absences, making sustained employment impossible. Based on this evidence, the judge approved the SSD claim.

This is a great example of how determination and experience can make all the difference in a case outcome.

Our client’s back conditioned worsened and resulted in complex regional pain syndrome following a failed back surgery. We successfully represented her at her hearing and she was awarded benefits by an Administrative Law Judge. 

The Appeals Council then choose to review the decision of the Administrative Law Judge. The Appeals Council has the ability to review any ALJ decision and then reverse or affirm that decision. Our client’s decision was reviewed and remanded to an Administrative Law Judge and she had a second hearing where our attorney presented additional documentation of our client’s medical condition including doctor reports, medical evidence, and employer evaluations. 

Our client received a second favorable decision and was awarded the benefits she deserved.

Berger and Green recently secured disability benefits for a registered nurse in her 50s. Being under the age of 60 and applying for disability benefits can be difficult. The Social Security Administration will argue that the claimant can do some other type of work. Our claimant had been a nurse for the past 20 years. She was diagnosed with degenerative disc disease of her lumbar spine and with osteoarthritis in both her right shoulder and right knee.

These diagnoses cause her to experience chronic pain and limited mobility which affects the performance of her job. We were able to prove to the Judge that based on her conditions, she could no longer perform her job as a registered nurse and that she would be limited to a sedentary job. The vocational expert testified that there were no transferable skills as a registered nurse that would transfer to another sedentary position in the current economy. Our client won her case and will begin receiving the disability benefits she deserves.

Our Social Security Disability lawyers successfully obtained disability benefits for a young woman who suffers from severe mental health disorders. Because of our client’s age and lack of preparation in previous applications, she was denied benefits on several occasions.

Getting disability for mental health can be difficult, especially at a young age and without proper representation. Our attorneys worked closely with our client to prepare her for her upcoming hearing in front of an Administrative Law Judge. In this case, our lawyer’s thoroughness, dedication and patience paid off. We were able to successfully prepare our client and secure necessary medical records to prove our client was disabled and in need of these benefits. Ultimately our client was deemed disabled and awarded benefits.

Berger and Green recently secured disability benefits for a man who worked at a sporting goods warehouse. He had a successful hip replacement but was slower at his job when he returned to work and was fired because of this. Our client turned to disability benefits for his source of income as he could no longer successfully do his job.

Although his disabilities and work history made a compelling case for benefits, he was denied due to mistakes made by the SSA. His limitations determined by a consultative examiner were incorrectly interpreted by the SSA adjudicator, therefore he was denied benefits. Knowing this mistake was made, Berger and Green took the case to a hearing in front of an Administrative Law Judge. Our attorney presented the correct interpretation of the limitations and argued that our client was indeed disabled and deserving of these benefits. Because of our attorney’s knowledge and expertise in these matters, the decision was overturned. Our client was approved and is now receiving the benefits he deserves.

Our Social Security Disability lawyer successfully obtained disability benefits for a probation officer supervisor. Our client suffers from significant stenosis that affects his neck, arms and hands. After having the required surgery to help his condition, our client found himself still unable to return to work.

Despite our client’s disabling condition, he was denied at the initial level and reconsideration for his condition not being severe enough. Our attorney knew this decision was wrong and appealed the decision and requested a hearing in front of an Administrative Law Judge. During the hearing our attorney had to challenge the Vocational Expert to have them take into consideration the physical nature of our client’s job; specifically, apprehending, and subduing offenders.

Because of our attorney’s challenge, the Vocational Expert agreed that our client could not perform his past work, which ultimately led to the Judge’s finding that he was indeed disabled and awarded his disability benefits. At Berger and Green, we always stand up for our clients, making sure their voice is heard.

In a recent case, our client faced an adverse decision from the Appeals Council of the Social Security Administration, which overturned a judge’s favorable ruling on disability benefits. The Appeals Council cited the client’s past drug use as a reason for the decision, despite the clear legal requirement that drug or alcohol use cannot be a basis for denying disability payments unless it directly caused the impairing conditions.

Our client, dealing with serious physical and mental impairments, had occasional past drug use documented in her records. Challenging this decision, we requested a re-hearing with the judge, emphasizing the lack of evidence linking the client’s drug use to her impairing conditions. During the hearing, a medical expert appointed by the Social Security Administration testified that the client’s past drug use did not cause her disabling conditions and did not affect her ability to work.

As a result, the judge issued a new ruling in favor of our client, supported by the evidence presented. This decision was not contested by the Appeals Council.

This case has highlighted the importance of having an experienced attorney who can challenge unjust decisions and present compelling evidence in disability cases.

Our claimant was a 50-year-old LPN diagnosed with chronic pancreatitis, chronic pain syndrome, cervical radiculopathy, spinal stenosis, irritable bowel syndrome and migraines. Her conditions made her stop working as an LPN in 2019 and she filed for Disability Insurance Benefits.

While waiting for her case to get scheduled for a hearing in front of an Administrative Law Judge, she passed away in March 2023. Her hearing was scheduled for September 2023. We proceeded with her hearing with her husband as the testifying witness. He testified as to her chronic conditions and how her health deteriorated and how she experienced a significant weight loss and had a feeding tube placed.

Our lawyer was able to successfully argue that the claimant would have been unable to return to her past relevant work as an LPN and unable to sustain any other work in the national economy due to her disabilities. If a claimant has a pending Disability Insurance Benefits (Title 2) claim and passes away before benefits are awarded, we can still proceed with a hearing with the appropriate substitute party of the claimant. In most cases, that person is the spouse or children of the claimant. And if benefits are awarded, it will be from the Alleged Onset Date until the day of death. In this case, our lawyer never gave up, despite adverse circumstances, and made sure justice was served for her client and her family.

Our SSD Lawyers successfully secured Disability Insurance Benefits for a woman in her mid-40’s who had been diagnosed with Narcolepsy. Narcolepsy is not a common diagnosis; this can complicate the Social Security disability approval process. 

Our client was unfortunately unable to continue her career in the medical field and needed SSD benefits. The attorney in this case used the client’s subjective reports of how her disorder was limiting and provided detailed citations and analysis of medical records to support the position that our client was disabled and qualified for benefits.

Our Berger and Green attorney recently represented a woman with a number of serious health problems. Of her many doctors, her PCP was the most knowledgeable about the nature and disabling effects of her ailments.

Our attorney sent a request to the doctor, asking that she provide a letter giving her professional opinion of the current status of the client’s problems and their effects on her ability to work. He then received notice from the doctor denying the request.

Without this letter our attorney began to search through his client’s medical document file to see what else could be of similar value. After extensive searching, our attorney found a previous letter written by the same doctor. Knowing how crucial an updated letter would be to our client’s case, our attorney decided to request the letter once more and this time he found success.

After speaking with the doctor, it was unveiled that they had never received or denied our attorney’s first request, it was someone from the administrative staff. Upon learning about the situation, the doctor promptly wrote and sent a very detailed letter concerning the client’s impairments. Soon after submitting that letter to the judge, the client received a favorable decision.

In this case our attorney’s persistence and determination produced favorable results. At Berger and Green, we always go the extra mile for our clients to ensure they have the best opportunity of a favorable decision.