Loudoun County Breast Cancer Survivor Wins Neuropathy Disability Case
Posted by
Danielle LandauJuly 30, 2009 12:34 PM
A combination of disabling conditions can be sufficient to prove a Social Security Disability claim. The disabled worker does not need to have one medical diagnosis only; we have won Federal disability cases where the claimant has several permanent injuries or chronic problems that prevent them from working. Recently, a Lovettsville client complained of nerve damage in her legs, feet and hands as a result of her chemotherapy treatments. She is a survivor of breast cancer who was experiencing knee pain, shooting pains in her legs, and was unable to perform any tasks requiring kneeling or standing.
Her treating doctor explained that due to her impairments, the claimant was limited to lifting only 10-pounds occasionally in her 8-hour day. She had become limited in feeling and grasping. The worker's doctor wrote that this middle-aged woman would not likely recover from her symptoms. As a result of her chemotherapy she sustained chronic peripheral neuropathy. (Peripheral neuropathy is “a problem with the functioning of the nerves outside the spinal cord.”)
The Government hired a medical consultant to examine and question the disabled worker and then give evidence against her in Court. However, the Government's doctor’s physical assessments were given little to no weight in the decision because they did not properly recognize the treating Doctor’s consultative examination, treatments or the full effects of ALL of the claimant’s injuries.
Doug Landau represented the claimant, explaining her disease, neurological problems and resulting problems. In the winning decision, the Judge wrote, “ After considering the evidence of record, the [Social Security Administration] finds that the claimant’s medically determinable impairments could reasonably be expected to produce the alleged symptoms, and that the claimant’s statements concerning the intensity, persistence, and limiting effects of these symptoms are generally credible”. While Landau has helped disabled workers who cannot work because of a crash, major accident or debilitating disease (like Multiple Sclerosis, Hepatitis, AIDS, etc.), the ABRAMS LANDAU team has also been able to assist people with SEVERAL disabling conditions to win their Social Security Disability cases.