My client was a 55-year-old female from Destrehan with past work history as a customer service worker/cashier at a grocery store and pharmacy. She suffered from pain and swelling in her knees, pain in her back and shortness of breath. She was diagnosed with degenerative joint disease, degenerative disc disease, and COPD.Her initial claim was denied and she contacted my office for assistance with her appeal. Throughout the process, the client maintained treatment with an orthopedist for her degenerative joint and degenerative disc disease as well as a pulmonologist for her COPD. She did receive injections every 3-6 months in her bilateral knees as well as pain medication for her painful back.Working closely with her orthopedist, we were able to obtain specific limitations on the claimant’s ability from this treating specialist. Her limitations included ability only to stand for part of the day, need to elevate her knees to reduce swelling, reduced lifting/carrying capacity, and need for additional breaks throughout the day due to pain and shortness of breath causing fatigue.
SSA’s consultative examiner noted her problems but stated the claimant could lift up to 20 pounds consistently and stand/walk up to 6 hours per day.
At her hearing, we made sure the judge was focused on her consistent treatment, her consistent complaints, and her treating orthopedist’s opinion on her limitations. I argued that the consultative examiner from Kenner, LA was not an orthopedist and based her opinions on the claimant’s limitations on a limited, one-time examination.
The judge agreed with our position and issued a fully favorable decision. My client was over-joyed! If she remains disabled through her full-retirement age, the claimant will collect almost $200,000 plus Medicare to help her cope with her disabling condition.
