My client initially started suffering with seizures about 4 years prior to applying for disability, but he continued to work since the seizures were not often. However, he was forced to stop working when he suffered a seizure while operating a bull-dozer on a job site.This hard-worker from Norco, LA had a stellar work history as a heavy equipment operator with over 35 years of continuous employment earning well above average every year of his working life. He worked on building projects throughout southeast Louisiana in New Orleans, Laplace, Luling, Destrehan, Metairie, Kenner, and other locations throughout the area. When his seizures prevented him from being employed as a heavy equipment operator, he applied for disability benefits. He was denied and hired us to help with his appeal.He lost his medical insurance but still needed to receive treatment for his serious seizure impairment. We guided our client to appropriate care with a state based facility where he received adequate neurological care. He was prescribed Keppra for seizure treatment, but still experienced seizures. His treating neurologist and nurse practitioner provided a supportive statement about the claimant’s limitations that would prevent him from performing his past work and would limit him to less strenuous occupations.
The client also began receiving treatment for other medical impairments namely congestive heart failure, COPD and sleep apnea. His COPD is so severe that he is now required to take breathing treatments twice daily as well as carry a rescue inhaler. He also takes a host of other medications to help manage his condition. The claimant had energy issues, was easily fatigued, and experienced shortness of breath with exertion. However, doing the right thing as recommended by his doctors, he lost over 80 pounds and made other significant lifestyle changes.
Even though denied initially, we continued to fight for this client and eventually received a favorable decision awarding the claimant benefits from his 55th birthday. We focused on building our client’s credibility by pointing to his significant work history and earnings record, his compliance with medical care, his life-style changes, and his attempts to get better. We also focused on the difficult nature of the claimant’s past work. This was a great victory for a deserving, blue collar, hard-working Louisiana resident. As a result, the claimant will recover almost $275,000 through his full retirement age plus medical insurance that will insure ongoing treatment for his medical conditions. The claimant’s access to these benefits was paid for by his blood, sweat and toil over his entire working life – pay check by pay check.