JAMES R. LINEHAN PC LAW OFFICE NOTES
August 27, 2010
James R. Linehan PC
4 NE 10th Street
Oklahoma City, Oklahoma 73104
800-266-9535 NATIONWIDE TOLL FREE
Greetings!

Once again a US Federal Court has agreed with our arguments on appeal of a claimant who was improperly denied her Social Security disability benefits.  The Federal Court found that the SSA Judge failed to properly consider all the medical evidence that the claimant had presented.
Also the VA has updated its list of presumptive diseases for Agent Orange exposure.  Read on for more details.
 
Sincerely,
Jim Linehan
 

SSA Judge's Decision Wrongfully Dismissed and Disregarded the Claimant's Medical Evidence

  
Federal Court Magistrate Recommends Immediate Remand of Claim Back to SSA for Rehearing

I am very pleased to announce again another receipt of a recent US Federal Court decision recommending that a previously denied SSA disability claim be returned to the SSA for a rehearing on the merits.
In this social security disability claim, the claimant had presented her claim for disability to the Oklahoma City SSA Administrative Law Judge.   The claimant alleged a myriad of disabling conditions that had occurred over decades. 
 
The claimant's record and medical evidence involved over a thousand pages of medical records and documents.
 
Despite this overwhelming amount of medical evidence the SSA Judge denied the claimant's disability.
 
We argued on appeal to the US Federal Court that the SSA Judge entirely failed to review the medical evidence correctly and thoroughly.  For example we showed that the claimant's treating physician had submitted at one point a narrative medical report that itself was 14 pages long of single spaced typing.  The doctor reported in detail that the claimant suffered severe psychological problems and was in need of ongoing psychotherapy.  We argued that the SSA Judge wrongly parsed this report to a single sentence that mis-stated that the doctor had simply diagnosed a pain disorder.
 
We showed that the claimant's doctors reported in detail on multiple occasions that the claimant was under ongoing medical treatment for intensive psychiatric care with an active history of suicide attempts and PTSD.  We argued that the SSA Judge wrongly transformed these reports to a finding that the claimant was instead alert, oriented and had no suicidal ideation.
 
On appeal the US Federal Court entirely agreed with our arguments.  The Court found that the SSA Judge herself admittedly and purposely avoided any discussion and mention of medical treatment reports.  The Court found that the she did not provide any detailed discussion or analysis of the claimant's actual mental impairments.
 
In fact the Federal Court found that this SSA ALJ "presented no feasible, groundable, factual reasons for dismissing and disregarding the medical reports" of the claimant's treating physicians that encompassed "years if not decades" of evidence.
 
Since the SSA Judge wrongfully rejected the claimant's own medical reports without reason, then the Federal Court found that there was nothing left to support her decision to deny disability benefits to the claimant.  As such the SSA Judge's decision to deny benefits was thrown out and the claim was recommended to be sent back to the SSA for another hearing to properly consider all the medical evidence on record.
 
 
 
Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you could miss out on your Veterans Disability Benefits, Social Security Disability, OWCP Federal Workers Compensation, or OPM medical retirement benefits.
 
VA Recognizes Additional Diseases Related to Agent Orange Exposure 
 

 

On March 25, 2010, VA published a proposed regulation that will establish B-cell leukemias, such as hairy cell leukemia; Parkinson's disease; and ischemic heart disease as associated with Agent Orange exposure.

 

Eligible Vietnam Veterans may receive disability compensation for these diseases when the regulation becomes final..


Veterans may be eligible for disability compensation and health care benefits for diseases that VA has recognized as associated with exposure to Agent Orange and other herbicides:

Acute and Subacute Peripheral Neuropathy
A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.

AL Amyloidosis
A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.

Chloracne (or Similar Acneform Disease)
A skin condition that occurs soon after exposure to chemicals and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.

Chronic Lymphocytic Leukemia (Now Being Expanded to B Cell Leukemias)
A type of cancer which affects white blood cells.  Currently, only chronic lymphocytic leukemia is a "presumptive" disease associated with Agent Orange exposure; however, on March 25, 2010, VA published a proposed regulation to establish B cell leukemias (includes chronic lymphocytic leukemia, hairy cell leukemia and others) as associated with Agent Orange exposure.  Eligible Vietnam Veterans may receive disability compensation for other B cell leukemias when the regulation is final.

Diabetes Mellitus (Type 2)
A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.

Hodgkin's Disease
A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.

Ischemic Heart Disease
A disease characterized by a reduced supply of blood to the heart, that leads to chest pain. On March 25, 2010, VA published a proposed regulation that will establish ischemic heart disease as associated with Agent Orange exposure. Eligible Vietnam Veterans may receive disability compensation for this disease when the regulation is final. 

Multiple Myeloma
A disorder which causes an overproduction of certain proteins from white blood cells.

Non-Hodgkin's Lymphoma
A group of cancers that affect the lymph glands and other lymphatic tissue.

Parkinson's Disease
A motor system condition with symptoms that include a trembling of the hands, imbalance, and loss of facial expression. On March 25, 2010, VA published a proposed regulation that will establish Parkinson's disease as associated with Agent Orange exposure. Eligible Vietnam Veterans may receive disability compensation for this disease when the regulation is final. 

Porphyria Cutanea Tarda
A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.

Prostate Cancer
Cancer of the prostate; one of the most common cancers among men.

Respiratory Cancers
Cancers of the lung, larynx, trachea, and bronchus.

Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma)
A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

 

 
  James R. Linehan
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4 NE 10th Street
Oklahoma City, Oklahoma 73104
James R. Linehan PC
800-266-9535.