Complex Disability Case Ends Favorably After Denial Reversed

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Our client had a history of multiple back surgeries. By the age of 55, she had already undergone four spinal surgeries and three neck surgeries to alleviate her symptoms. Now, in her 60s, her doctors were considering an eighth surgery. Knowing that her means were limited, she applied for Social Security (SS) disability benefits to help her with the costs and challenges of her medical condition. Unfortunately, her initial application for benefits was denied.

The client sought help from Attorney Barbara Mixon of Neblett, Beard & Arsenault. Barbara worked with the client to file an appeal and prepare for the appeals hearing. Although Barbara and the client believed they had everything they needed for a favorable decision in her case, the judge returned a surprising unfavorable decision on May 16, 2016. Despite the steps taken to advocate for the client, the denial remained in place.

Social Security Disability Denial Reversed in Rare Action by Appeals Council

After the unfavorable decision at the appeals hearing, Barbara continued to advocate for the client. She requested a review of the judge’s decision and from the appeals hearing and submitted numerous pieces of additional evidence to the Appeals Council. In an action that is rarely taken by the Appeals Council, the decision in our client’s case was ultimately reversed and sent back to the deciding judge for reconsideration.

As a result, benefits were awarded to the client as of her original onset date. She was awarded significant past-due benefits and became immediately entitled to Medicare coverage. She would also receive ongoing benefits to help with her needs now and in the future. Because of Barbara’s commitment to her case and the action by the Appeals Council, the client would not have to wait for another hearing or risk going before the same judge who had decided her case previously.

The client and her husband were pleased with the result and relieved to know that she could get the medical care and financial support she needed. Barbara was also happy for the client and very pleased that her assistance could make a difference in their lives.

SS disability cases can be complicated and take unexpected turns, but a denial doesn’t have to be the end of the story. If you need help understanding your rights or what a denial means for you contact us online or call us directly at 318.541.8188.

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