Social Security Disability-Federal District Court-Workers Compensation

by michael on April 30, 2013

Our client was a 42 year old male who slipped on grease at work and fell severely twisting his low back and right knee. The claim was initially allowed for sprains of the low back and right knee.An MRI of the lumbar spine revealed degenerative disc disease and osteoarthritis of the L4-L5 and L5-S1.We eventually developed medical evidence to file a motion for additional allowance of aggravation of these pre-existing conditions as well as L5-S1 radiculopathy of the left lower extremity which motion was granted by the Commission.The client eventually underwent low back surgery which did not improve his condition.The client had filed an application for disability insurance benefits with the Social Security Administration(SSA) which was denied on initial determination and reconsideration.We filed a Request for Hearing with an Administrative Law Judge(ALJ).The ALJ denied benefits and we filed an appeal to the Appeals Council which affirmed the denial.Thereafter, we filed a Complaint in the Federal District Court.The magistrate recommended reversal of the SSA denial of benefits.The federal district judge ultimately reversed SSA and found our client disabled.The client received four years of past due benefits and continuing benefits.Thereafter, we filed a Motion for Permanent Total Disability with the Industrial Commission.The IC doctor stated in his report that our client could perform sedentary work.He also stated that our client had unrelated conditions which contributed to his physical impairments.We had our client evaluated by a vocational expert and filed a report.At a hearing, the Industrial Commission awarded permanent total disability with lifetime payments.

 

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