Posts Tagged ‘social security disability’

Highland Social Security Disability Lawyer John E. Horn of the law firm of Horn & Kelley, P.C., won in the United States Court of Appeals a new hearing for a client who claim for social security disability benefits was denied.   The case was Murphy v. Colvin, 13-3154, Seventh Cir., July 22, 2014.  The claimant was denied social security disability benefits throughout the entire administrative process and also by the United States District Court.  The district court ruled for the Commissioner in 12 C 3879.  Plaintiff appealed.  The Seventh Circuit reversed July 22, 2014.

The Seventh Circuit held that Social Security did not adequately explain her credibility determination and it was not supported by substantial evidence in the record.  Social Security drew adverse inferences from facts without having the claimant explain them (claimant’s cessation of physical therapy and a vacation she took).  Murphy v. Colvin, Slip opinion at 7-9.

The Seventh Circuit held that Social Security’s RFC determination was not supported by substantial evidence.  No medical evidence in the record contradicted the claimant’s testimony that she could not perform light work.  Murphy, Slip Opinion at 10-14.

The Seventh Circuit finally held that Social Security improperly relied on the grids to deny the claim because there were non-exertional impairments and Social Security did not include in its hypotheticals to the Vocational Expert the limitations it found in denying the claim.  Murphy, slip opinion at 14-17.

Indiana Social Security Disability Lawyer

Highland Social Security Disability Lawyer Horn said, “It’s unfortunate that decision makers at lower levels did not understand how serious my client’s impairments are.  I’m relieved I was able to win a new hearing for my client.”  Horn is an attorney who represents people on disability claims at every level in Chicagoland, Northwest Indiana, and nationwide.  Horn & Kelley has offices in Chicago, Tinley Park, and Lagrange, Illinois, as well as Highland, Indiana.  They have represented clients in Alabama, Arizona, California, Florida, Illinois, Indiana, Iowa, Michigan, Minnesota, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.  If you want a free evaluation of your social security disability claim by a Highland Social Security Disability Lawyer, call Horn & Kelley at 888-921-5297.

Highland Social Security Disability Lawyer John E. Horn & H. Elizabeth Kelley

When you hire a Highland Social Security Disability Lawyer, make sure you hire a fighter, a lawyer who can take your case to the United States District Court or United States Court of Appeals if necessary.  You have a fifty percent better chance of winning with a fighter who can take your case to the United States District Court, the United States Court of Appeals or even the United States Supreme Court.  Visit our website at johnehornattorney.com.  Follow us on Twitter @HornKelleyLaw

H. Elizabeth Kelley and John E. Horn, Tinley Park Social Security Disability Lawyers

John E. Horn of Horn & Kelley, PC, Attorneys at Law, a Tinley Park social security disability lawyer, on June 23, 2014, won in the United States District Court for the Northern District of Illinois a new hearing for a client who suffered from diabetes, neuropathy, depression, anxiety, shortness of breath, pain, and obesity.   The case was Smith v. Colvin, 12 C 5116, N.D. Ill., June 23, 2014.  Social Security failed to consider two pieces of evidence that did not support its assessment of the claimant’s residual physical functional capacity: the opinion of the consultative mental examiner (a Global Assessment of Functioning of 45) and the results of a pulmonary function test.  Social Security’s failure to address the apparent conflict of its conclusion that claimant was not disabled with claimant’s GAF of 45 (which indicates disability) left the Court unsure Social Security had considered all the evidence.  Social Security also erred in not explaining the weight given the opinion of the consultative mental examiner.  These errors were not harmless.  Social Security unquestionably failed to consider the pulmonary function test, which was submitted after the hearing but before the decision, and still had to be considered.

The claimant was denied social security disability benefits throughout the entire administrative process.  Horn said, “It’s unfortunate that decision makers at lower levels did not understand how serious my client’s impairments are.  I’m relieved I was able to win a new hearing for my client.”  Horn is a Tinley Park social security disability lawyer who represents people on social security disability claims at every level in Chicagoland, Northwest Indiana, and nationwide.  Horn & Kelley has offices in Chicago, Tinley Park, and Lagrange, Illinois, as well as Highland, Indiana.  They have represented clients in Alabama, Arizona, California, Florida, Illinois, Indiana, Iowa, Michigan, Minnesota, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.  Horn & Kelley represent claimants at all levels, from the initial application to the United States Supreme Court.

For a free evaluation of your social security disability claim by a Tinley Park social security disability lawyer, call Horn & Kelley at 888-921-5297.  If you would like to have Horn speak to your group, call him at 708-614-8833.  His email address is hornkelleylaw.com.  You can learn more about Horn & Kelley at their website www.johnehornattorney.com.  Follow Horn & Kelley on Twitter @HornKelleyLaw

Need Assistance with a Social Security Disability Claim?

When a person suffers from chronic joint pain, back pain, or mental anguish, it can be extremely difficult to attend work and earn money to remain self-reliant or support a family. So if you’re unable to work, where do you turn? For the average worker, Illinois social security disability laws can be difficult to comprehend, but assistance from a social security disability attorney in Chicago, IL, La Grange, IL, Tinley Park, IL, and Highland, IN is available.

Since the Horn & Kelley Firm’s inception, our team of social security disability attorneys in Chicago, La Grange, Tinley Park, Illinois and Highland, Indiana have secured compensation for the victims of disability. When we visit with a client, we seek to understand the details of their situation so we can help them obtain the compensation they deserve. Though claims for social security disability insurance are not easily accepted, a legal expert can significantly improve your chances of securing compensation.

The Horn & Kelley Approach to Illinois Social Security Disability Law

The Horn & Kelley Firm employs the most talented social security disability attorneys Chicago, La Grange, Tinley Park, Illinois and Highland, Indiana has to offer, but that doesn’t come easy. Being the best requires knowing the law and knowing a client’s individual situation. For example, if a client is seeking to qualify for social security disability insurance based on Listing 1.04, which indicates that a patient suffers from a disorder of the spine (herniated nucleus pulposus, spinal arachnoiditis, osteoarthritis, spinal stenosis, nerve root compression, etc.), the attorney needs to understand the client’s complete medical history, including: when the problem began, potential causes, and treatment and medication history. To show how our Chicago, La Grange, Tinley Park, Illinois and Highland, Indiana social security disability attorneys accomplish this, we’ll briefly summarize a recent case we were involved in.

The Case

The accompanying Fully Favorable ALJ decision of March 17, 2014, provides an example of how the combination of a claimant’s impairments can equal listing 1.04 (disorders of the spine). John E. Horn of Horn & Kelley, PC, Attorneys at Law represented claimant.

At the hearing, the Medical Expert testified that the combination of claimant’s degenerative disc disease, cervical fusion surgery, fibromyalgia, migraines, depression, anxiety, and obesity equaled (though it did not meet) listing 1.04. The diagnosis was right arm radiculopathy. Diagnostic imaging tests, including several MRI scans and EMG testing, showed objective abnormalities consistent with claimant’s subjective complaints. The record showed a long history of back pain and significant ongoing treatment involving pain medications, physical therapy, epidural steroid injections, facet blocks, and surgery.

Social Security Disability Attorney in Chicago, La Grange, Tinley Park, Illinois and Highland, Indiana

Our attorneys are ready to help you with any aspect of the social security disability process, from applications and evidence gathering, to reconsideration appeals and district court filings. If you’re thinking about applying for social security disability insurance, contact one of our attorneys today!

If you or someone you love suffers from a mental disorder, you know it can interfere with everything from day-to-day activities to holding down a steady job. Social Security benefits can ease the burden of mental illness.

Unfortunately, as many as six out of ten applicants are denied Social Security benefits. Fortunately, proper legal representation raises this figure considerably.

If you live in Indiana or Illinois, a Social Security disability attorney can take you step-by-step through the application and appeals processes. Even if you have been rejected previously, a qualified attorney can help you receive needed social security benefits.

What Does an Illinois/Indiana Social Security Disability Attorney Do?

A social security disability attorney compiles the necessary medical evidence to show eligibility for social security benefits. This is presented in a hearing. Your attorney will maintain confidentiality.

What Are the Requirements for Disability Benefits?

Mental disorder qualifications are federally mandated. This means they are the same in all 50 states. The following disorders may be eligible for benefits:

• Organic disorders (Alzheimer’s, dementia, delirium)
• Schizophrenia, paranoia, and psychotic disorders
• Affective/mood disorders (bipolar disorder, depression)
• Intellectual disability
• Anxiety-related disorders (PTSD, anxiety, obsessive-compulsive, and panic disorders)
• Somatoform disorder (hypochondriasis, pain disorder)
• Personality disorder (antisocial, multiple personality, and borderline personality disorders)
• Autism spectrum disorders (Asperger’s, autism)

What Medical Evidence Is Necessary For Social Security Disability?

A Social Security disability attorney will help collect medical evidence including reports from licensed physicians and psychologists, medical history, clinical and laboratory findings, diagnoses, and other medical reports.

The medical evidence must prove the mental illness impairs basic work-related activities and social functioning, limits earnings to below $1070 a month, or prohibits a competitive pace in a work environment.

Take advantage of an Illinois social security disability attorney to better your chances of receiving benefits. Call Horn & Kelley at 1-888-921-5297 for a free consultation.