Erisa Lawyer banner

All posts by Scott Davis

Here’s a “Golden Nugget”: Win Your Disability Case by Obtaining Your Personnel File from Work

Sometimes as a disability lawyer, one must be more creative than usual in order to win a client’s disability claim. Such a situation presented itself recently in of all places, the city of creativity, Las Vegas, Nevada.

I am blessed with a great disability practice as I have the opportunity to represent very honest, hard working people throughout the United States who are unable to work. I am fond of saying that we represent people who have good cases to begin with…our job is to make them better.

However, occasionally a client’s case does not “come together” the way we had hoped. This problem manifests itself in many different ways. It can be the treating doctor who does not want to help, or the medical records are of poor quality, are illegible, or do not assist anyone in understanding the severity of the client’s medical conditions.

Continue reading

Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends

In a Social Security disability claim, the credibility of the claimant is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the claimant is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests.

Thus, SSA and judges will listen to the claimant’s story about why they are unable to work due to the frequency, severity and duration of their symptoms; but they will also look for corroborating evidence from other sources such as doctors or individuals who know the claimant.

Continue reading

Obtaining Disability Benefits… David vs. Goliath

Remember the epic battle between David and Goliath? On paper, David clearly had no chance to win, fortunately his heart and soul did not know it and with determination, persistence and divine intervention he prevailed! Ever wonder what might have happened if he was aware of his predicament? Would he have fought or ran the other way?

Every day at the Social Security Administration (SSA), seemingly epic battles between disability claimants and SSA are fought. The Bounty? Disability benefits.

Continue reading

Why it is Important to Address Psychological Issues in Your Chronic Pain Disability Case

Over the past several months I have represented fibromyalgia clients at disability hearings in Chicago, Seattle and Midland, Texas. Although the three clients lived far apart geographically, their cases had several things in common.

First, all three were found disabled by the administrative law judge. Second, in my opinion, all three had solid medical documentation of their fibromyalgia (chronic pain) and resulting symptoms. Third, all three had medical histories which included treating physicians prescribing strong narcotic medications to control their chronic pain (they were also taking anti-depressants). Forth, all three had histories of suffering from psychological disorders that resulted from their longstanding chronic pain.

Continue reading

How to Win Your Hepatitis Disability Case

Contrary to what many people suffering from Hepatitis believe, the Social Security Administration (SSA) is very familiar with the disease. In fact, SSA considers Hepatitis to be such a potentially serious medical condition that federal law provides that if their hepatitis is advanced, a person can be found disabled based on laboratory test results alone!

Use this article as the cornerstone to developing and winning your Social Security disability claim.

Continue reading

Not Filing a Disability Claim is a Financial Disaster Waiting to Happen

Without debate, we can agree the past two years in the stock market have been financially unbearable. But if you think the stock market has been bad, let’s discuss another scenario that may be the “mother of all bear markets.” Unfortunately, this financial fiasco commonly occurs to people just like you.

How do I know it occurs? Because I listen to the stories literally daily. Indeed, the severity of this financial decision makes the stock market meltdown of 2000 to 2002 look like a walk in the park.

Continue reading