My client was a father of two in his mid-40s from Slidell, Louisiana, who had worked extensively as a caterer for movie productions in New Orleans and throughout south Louisiana as well as for offshore service providers based out of Houma, Louisiana. He was originally hurt on the job in 2007 and had previously received Social Security Disability benefits through early 2010. At that time, he was diagnosed with an avulsion fracture of the right wrist at the first metacarpal base, right wrist laser ligamentoplasty, left knee patella fracture with a medial meniscus tear, status post arthroscopic meniscectomy with chondroplasty, and degenerative disease of the lumbar spine.My client did recover somewhat and started working again in 2011. Unfortunately, in May 2013, the client was rear-ended by a distracted driver and sustained significant neck and back injuries. The collision aggravated his pre-existing wrist and hand injuries as well. The collision also caused significant depression secondary to pain for the claimant.Due to the accident, he sought neurologic and orthopedic care as well as pain management. Despite a conservative course of treatment, his conditions and symptoms—notably pain and problems concentrating due to the pain—did not improve.
First ALJ Hearing
At the time of his hearing in Metairie, Louisiana, the claimant was taking significant pain medication and was recommended to have a cervical fusion. My office had also obtained supporting statements from the claimant’s treating pain management doctor in Covington, LA and his neurologist in Slidell, LA.
I met with the claimant at his house to prepare him for the hearing. We discussed in detail his medical records, work history, current limitations, and potential questions from the ALJ. On the date of the hearing, the claimant was in significant pain and very anxious.
Following the hearing, the ALJ issued an unfavorable decision, noting the many inconsistencies in the claimant’s testimony (likely due to the significant pain and anxiety) and the claimant’s function report (completed before my office became involved in the claim).
The ALJ also relied heavily on reports completed by SSA consultative examiners (doctors who only examine you one time and who are paid by SSA) and reports from agency doctors who never examined the claimant.
Appeal Granted
Believing in the severity of my client’s impairments, I vowed to continue the fight and appealed the decision to the Appeals Council. The AC found merit in our appeal and vacated the judge’s decision and remanded for a new hearing.
By the time of the second hearing, the claimant had undergone a cervical fusion but continued with pain. He remained in treatment for his degenerative disc disease of the lumbar spine and degenerative joint disease of the right hand (arthritis).
My office again obtained supporting documentation and opinions from the claimant’s treating providers. His doctors opined that he would not be reliable at work due to his pain and treatment, that he would be limited in how much he could lift, that he could not sit in a normal seated position due to his neck surgery for up to six hours a day, and that he would miss work regularly due to pain and other symptoms.
For the second hearing, I again met the client at his house and prepared him extensively for the judge’s questions and reviewed in detail his medical evidence.
The outcome of the second hearing was a fully favorable decision. Through our efforts and persistence, our client gained access to Social Security Disability benefits for himself and his family that will total approximately $500,000 through the claimant’s retirement age plus he has access to Medicare benefits.
