My client was in her late-40s, a single-mother, and worked as a waitress/cashier throughout her life. She lived in Metairie, Louisiana. She suffered from diabetes mellitus, back problems, depression and cardiac disease. In 2011, she had a significant cardiac event requiring hospitalization. She originally applied for disability benefits in 2011, was denied and went to a hearing represented by another attorney from the Baton Rouge area. She received an unfavorable decision as a result of her hearing and being unsatisfied with result or her prior attorney, fired her attorney and asked if I would review her case for appeal potential.Since her prior attorney was no longer involved in the case and had sent her a letter withdrawing and waiving any fee, I agreed to review her file. I immediately spotted several issues the former attorney missed and sought new supportive evidence from her treating providers.The Appeals Council denied our request for review, but I was determined to fight on for this hardworking waitress (I do have a soft spot for hardworking waitresses as my grandmother was a waitress her whole career and single-mother who raised four kids while juggling her job duties each night at the restaurant). So, we filed a Petition in Federal Court for review.
In the meantime, after the Appeals Council denied the request for review, we assisted the client in filing a new claim for disability benefits. She had by that point, suffered a second heart attack – this one much more severe where she was oxygen deprived for about 15-minutes. She was hospitalized for over one month and release still suffering with cognitive issues and other motor issues due to the oxygen deprivation. Her initial claim was denied for some baseless reason, and then we appealed.
Our argument in Federal Court was that SSA failed to follow its own rules in not considering the new and material evidence of the claimant’s disability submitted to the Appeals Council once my office became involved in the case and that by failing to even mention this new evidence if its denial, the client was not given due process. The court agreed and remanded the case.
We eventually convinced Social Security that the claimant was disabled and it awarded benefits. This case has been perhaps the most difficult and most rewarding because I know that without my help and persistence, my client would have given up hope and possibly life, while waiting for benefits she worked hard throughout her life to ensure.
At the end of the day, through our efforts and dogged persistence, our client will recover over $200,000 through full retirement age of hard earned benefits to help her survive. She will also have access to Medicare that will provide the medical care she needs to get better.
