Neurogenic Claudication

Neurogenic claudication is the most common symptom of lumbar spinal stenosis.  It refers to intermittent leg pain from impingement of the nerves emanating from the spinal cord.  The symptoms of neurogenic claudication include pain, tingling, or cramping in the lower back and one or both legs, hips, and buttocks, as well as weakness or heaviness in the legs.

We represent a 59 year old from Babylon with neurogenic claudication, who worked as a nurse.  The State agency was holding up her Social Security Disability (“SSD”) application because she did not want to attend a consultative examination.

The SSD application was supported by MRI testing.  However, shortly after we submitted a copy of her lumbar laminectomy operative report, whose postoperative diagnosis was lumbar stenosis with neurogenic claudication, her benefits were approved.  While an operative report is not a diagnostic laboratory test, it is just as persuasive as objective testing.

It is important to retain an experienced disability attorney who knows what medical records and reports support a claimant's disability.  Our offices, located on Long Island in Nassau and Suffolk counties, offer a free phone consultation for anyone who is thinking of applying for SSD or has already applied and looking for legal representation.

EMG

Back pain has been the leading claim for Social Security Disability (“SSD”) benefits.  The question frequently arises, why do some claims based on back pain get approved, and vice versa.  When it comes to lumbar spine impairments, the answer is usually depends on what diagnostic evidence is provided.

We represent a 45 year old with back pain from Selden, who worked as a heavy equipment operator.  The State agency approved the SSD benefits relatively early in the application process.  What made this case different?

The claimant’s neurologist submitted an EMG, which the doctor described as extensive evidence of neuropathy.  The State agency and the Social Security Administration frequently disregard the opinions of claimants’ doctors, especially since the treating physician rule has been eliminated.  However, when the opinion of a claimant’s physician is accompanied by significant diagnostic testing, then that opinion is much more likely to be accepted.

Chronic Pain Fog

Pain adversely effects cognition.  Research shows that the more widespread the pain, the bigger the memory deficits. As WebMD points out, pain interferes with concentration and staying on task, and executive functioning.

Social Security constantly posits that if a disability applicant has a cognitive issue, such as concentration or staying on task, then it must be because they have a mental impairment.  Consequently, the State agency automatically directs such claimants to attend consultative examination (“CE”) for a “mental problem” in addition to a CE for the physical impairment.

If you do not have a mental problem, then there is no need to attend a CE for a mental problem because the cognitive problem is not due to a psychological disorder.  The irrelevant CE is a waste of time, usually delays processing the application, and can become the focus for denying benefits, regardless of the limitations resulting from the physical impairment.

We represent a 61 year old from Pennsylvania with multiple physical conditions that prevented him from continuing to work as a manager.  The State agency wanted him to go to a psychological CE because of his concentration problems.  We insisted that his concentration issues were due solely to his chronic pain, and he was not alleging a mental impairment.  The claimant was approved for Social Security Disability benefits the following week.

If you are thinking about applying for SSD benefits, it is in your best interest to retain an attorney who specializes in disability.  Our offices are located in Nassau and Suffolk counties on Long Island.  Please call us for a free phone consultation.

Disability Synergy

The Social Security Administration is required to consider the combined effect of all your medical impairments when determining if you are disabled.  Thus, even if none of your impairment renders you disabled, you can still be found disabled by the combined impact of all them.  We represent a 56 year old financial planner from Manhasset with cervical radiculopathy and Crohn’s disease that illustrates the aforementioned synergistic principle.

The claimant’s application for Social Security Disability (“SSD”) benefits was denied by the State agency.  When the case proceeded to a hearing, the administrative law judge (“ALJ”) sounded surprised when the medical expert testified that the claimant’s severe Crohn’s disease would pose no limitation on her ability to stay on task and avoid sick days.

The ALJ issued a fully favorable decision today.  Among other things, the ALJ accepted the treating physician's opinions  that the claimant would be absent from work more than three times per month, and would be off task greater than 20% of the workday, which would preclude all work.  He accepted these opinions without asking the Vocational Expert, assigned to the hearing, to testify, after my intense cross examination of their Medical Expert.

Only an experienced disability attorney would know how to navigate the hearing in order to obtain the approval of the claim.  Please call my office for a free phone consultation if you are considering applying for disability benefits.  Our offices are located on Long Island, in Nassau and Suffolk counties.