Case Studies

 

Charleston Disability Case Studies

   
       

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Mary lived in a small town and worked as billing clerk for a large company when she suffered a heart attack and underwent open heart coronary bypass surgery around age 50. She had other medical problems that became worse after her surgery. When she attempted a return to work, her performance was off, and she was missing a lot of time due to illness. Eventually, she stopped work completely.

Mary hired a general practice lawyer to handle her Social Security disability claim, but was denied after a hearing held before an administrative law judge. The Appeals Council reversed the unfavorable decision and ordered a new hearing. Mary then hired another general practice lawyer, but the case was denied a second time. Mary’s attorney told her that he did not handle federal court appeals and that she would have to find another attorney to appeal her case.

Mary then got a recommendation to contact the Law Offices of Robertson Wendt, whose practice is solely focused on Social Security and other disability claims. The case was accepted and an appeal to federal court was immediately filed. Because the previous attorneys had failed to get any written opinions from Mary’s doctors, Rob Wendt made arrangements for her to be evaluated by a doctor who expressed an opinion about her work-related functional limitations. The federal court looked at the new evidence and remanded the case to Social Security to schedule a new hearing before an administrative law judge so that the new opinion evidence could be considered.

On remand, a hearing was held before a new administrative law judge who reviewed the entire case including the new evidence and issued a fully favorable decision. Mary received almost six years of retroactive benefits.


       

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Joe was a computer analyst who suffered a stroke causing severe weakness and lack of coordination on one side of his body. Because his job was mostly sedentary and involved mental skills, he thought that he could return to work after undergoing physical rehabilitation. But when he went back to his job, he found that he was having problems thinking and getting his work done properly, accurately and quickly enough to meet his employer’s expectations. He was eventually asked to stop work and to file for disability.

Joe’s private long term disability claim was approved, but his Social Security claim was denied. He did some internet research and decided to call the Law Offices of Robertson Wendt because of their extensive experience and Rob’s board certified specialization in Social Security disability.

On reviewing the file it was determined that the government doctors and disability examiners had denied the claim based on Joe’s physical limitations, which limited him to sedentary office jobs. However, no one had thought to properly evaluate Joe’s problems with memory, understanding, and concentration.

The team at the Law Offices of Robertson Wendt arranged for Joe to undergo a complete neuropsychological evaluation, which showed that Joe had suffered severe cognitive problems due to his stroke and other medical problems. With proper medical documentation, Joe’s claim was approved by an administrative law judge –some 18 months after Joe’s claim was first filed.

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