Background
Claimant was a U.S. Army veteran from Kenner, Louisiana in his mid-50s. He was diagnosed with the following severe medical impairments: degenerative disc disease of the lumbar spine, headaches, post-traumatic stress disorder, depression, and obesity. The claimant had obtained a 70% disability rating from the Veteran’s Administration for his service-connected disabilities—primarily PTSD, depression, and degenerative disc disease. The claimant was treated appropriately at the Reserve, Louisiana, VA clinic as well as through other sources including Ochsner Clinic in Metairie and Kenner. He followed all prescribed treatments. He had an exemplary work record with substantial earnings from 1971 until the symptoms from his medical impairments became too great to continue working. His doctors were supportive of his disability and provided statements in support.
ALJ Hearing
Despite all of this, the Administrative Law Judge hearing his case issued an unfavorable decision following the hearing. The ALJ failed to consider the claimant’s VA Disability Rating Decision and found this disabled Army veteran with over 20 years of service not credible.
Appeals Council
Believing in my client and the severity of his problems, I appealed his case to the Appeals Council writing a detailed brief pointing out the legal and factual errors. Unfortunately, the Appeals Council denied our request for review and upheld the judge’s unfavorable decision.
Federal District Court
Undeterred, and knowing that this Army veteran deserved better from the system he served to protect, I filed a petition in United States Federal District Court for the Eastern District of Louisiana in New Orleans asserting that SSA made numerous legal and factual errors in reaching its decision. Primarily, I argued that SSA failed to follow its own rules, namely SSR 96-8p which requires SSA to at least discuss disability rulings from other branches of government, such as the Veterans Administration. The federal court agreed with our position despite opposition from SSA’s attorneys. But the battle was not over as the court only sent the case back to SSA for review and to consider the VA Rating.
Second ALJ Hearing
In preparation for the second hearing on this claim, the veteran and I worked hard and tirelessly together to obtain multiple additional medical opinion statements from his treating providers to further strengthen the case. We met in advance of the hearing to go over all of the issues at length and to prepare the client for the detailed questions he was sure to face at his hearing.
Result
In the end, our persistence and preparation paid off as the veteran was issued a Fully Favorable bench decision at the hearing (which is rare). The veteran was overjoyed and could not believe that victory was obtained after such a long fight – over 5 years.
Through our efforts, our client gained access to Social Security Disability benefits that will total approximately $200,000 through the claimant’s retirement age plus he has access to Medicare benefits.
If you need help fighting for the benefits you deserve, contact the office of disability attorney Loyd Bourgeois 985-240-9773 for a free case evaluation and to learn more about the steps needed to appeal your disability claim denial.
