Monday, June 29, 2015

What are common characteristics of a good Social Security disability case? #SSA #SocialSecurityDisabilty

Each case has its own unique story because people are different.  With this in mind there are certain basic criteria I look for when selecting a case:

First of all, I get the age, education, years worked and type of work.  Generally speaking the less educated you are and the older you are the fewer jobs you can do.  Consequently, more age and less education usually makes a determination of disabled easier.

Second, types of ailments factor in to my analysis.  For example, ailments that affect movement and lifting such as back injuries, shoulder injuries, knee injuries and internal injuries such as hernias are significant.

Third, medication lists are important.  Potent medications to treat pain indicate disability; Oxycontin and Oxycodone come to mind.  Powerful medications to treat mental health issues also indicate disability; Seroquel, Lithium and Rispiradone are examples.  If someone is on potent medications for pain, mental health issues or both, it is a clear indication of disability.  Likewise, the side effects present problems which exacerbate already significant disability issues.

Fourth, I look for evidence of past or ongoing substance abuse as this can be the "death knell" of a case.  Substance abuse cannot be a "material factor" in a disability case.  In other words, it cannot cause the disability.  Most lawyers don't take cases where the claimant has these issues, but I do.  I've had success by showing 1) the substance abuse was in the past, and 2) it wasn't a material factor.

There is more that goes into selecting cases, and these are my general rules.  Meeting with the client is essential though, and I often judge the strength of a case based on all of these factors along with my past experience as to what works and what doesn't work.

Sunday, June 28, 2015

Social Security disability cases start with the 1696 form

It is called the Appointment of Representative form.  It tells the Social Security Administration who represents the claimant.  This doesn't have to be a lawyer, but it usually does.  Lawyers who fail to submit this form can't represent claimants.  It is very basic.

If you don't like the #SCOTUS rulings, this is what you need...

#GarthEnnis #Preacher is superb

The premise is God is an absentee landlord, and Reverend Jessee Custer has to find God and set the world straight.  I'm on book two.  Quite good and thought provoking.

Wednesday, June 24, 2015

Plaintive

Greensboro ODAR one of the longest Social Security disability wait times in the country

#poetry "Prosaic can be poetic"

Prosaic is predictable
And
There is
Beauty in that.

Vagaries
Cause
Unnecessary fear.

But.

Fear can
Clarify.

Although most
Worries
Never happen.

Give me
The regular
Because it is
Easy.

Easy is
Beautiful
Like a
Poem.

But not
All the
Time.

Otherwise the
World is
Prosaic.

#PompeytheGreat #Rome

Monday, June 22, 2015

Love #theStrain #vampires

Love is the way out of the #CharlestonShooting #CharlestonChurchShooting #CharlestonChurchMassacre

The "Charleston Church Massacre" was terrible.  Words are poor substitutes.  I gave the blessing at the NCBA gala this past weekend, and I struggled to find anything to say about the event.  The only thing I could conclude was: love is the only way out of this.  The cycle of hate and violence must end, and love is the only way out.

#MondayMotivation

Twitter hashtags redefine how we think.  Everything is a hashtag.  Language is shaped by the internet, and the internet shapes language.  It is a reciprocal relationship.  The fundamentals of attention to detail and clear prose survive though.  So my #MondayMotivation is to strive for clarity and brevity.

#SelfieKing with a perpetual #CaseoftheMondays

I saw this guy the other day.  He was about a foot shorter than me.  He came out of his rathole.

Saturday, June 20, 2015

#NCBAA2015 excited to preside as YLD chair and to give the blessing at the gala

It is my last hurrah as YLD chair.  It is butter sweet.  The YLD has done a lot of great work.  I'm fortunate to have been able to play my part.

Tuesday, June 16, 2015

#poetry "Heat"

Heat can be felt
Physically
Or
Metaphorically.

But.

It burns
The same
Either way.

When sweat
Pours off me
I feel closer
To nature.

I hear the dirt
Feel the grass with my eyes
And see the sounds of summer
With my
Ears.

And.

The heat bears down
On my brain
With
Ideas
That are
As searing as
The Sun.

Then I feel
Closer to
My thoughts.

June 15, 2015 was the 800th anniversary of the #MagnaCarta

On this date King John made concessions to the nobles.  It was the first time the king ever made concessions to anyone.  It is generally viewed as the beginning of our constitutional government because the idea of representative government under English common law can be traced back to this date.  The English tend to discount the importance of the document (it ended up being a series of documents eventually codified years later), but I think this is because it helped begin the process that led to the American Revolution.

Sunday, June 14, 2015

#poetry "Waiting"

Waiting takes 
Too 
Long 

And 

It slows time 
To a 
Crawl.

Waiting on 
The one 
You 
Love 
Is 
Torture.

Friday, June 12, 2015

#micropoetry "Weight of Consciousness"

The weight of being is heavy.
Collective consciousness weighs us
Down.

Ideas can 
Crush 
And
Liberate us.

#poetry "Wind"

Wind you blow all over the place 
You exist because of celestial bodies in space.

You travel far and wide 
I feel you most at high tide.

What is your story I think 
But then you are gone in a blink.

#Hellboy #penciler

#poetry "Beach Bird"

Scavenger bird 
Searches 
In the sand 

For discarded 
Food 
From humans 
Who advertantly or inadvertantly 
Discarded it.

These birds live on 
The seemingly trivial 
Machinations of 
Careless 
Vacationers.

Birds and people 
Who rely on tourists 
Share a lot 
In common.

Thursday, June 11, 2015

#micropoetry "Socks"

Socks are sometimes 
Separated 
But 
They come back 
Together.

Eventually they
Do.

Time and velocity 
Act 
In concert
Pulling them back 
To each other.

Socks belong 
In pairs.

Even when apart 
They are a
Pair.

Monday, June 8, 2015

#caseofthemondays

Injustice #McKinney

I support responsible police officers.  This clown in McKinney, Texas isn't one of them.


#MondayMotivation Social Security disability #velociraptor

Don't believe the crap that is perpetuated by the charlatans prognosticating on television, on the radio, the print media and on the internet.  It is difficult to obtain Social Security disability.  The process is long, arduous, and it beats people down.  If you do ultimately prevail, the payment is just enough to survive on; it isn't a preferable lifestyle, but it is better than starving on the street in the gutter.

Don't believe the myths that trickle down from on high after they've been created by political consultants and lobbyists who wear alligator shoes and who are as venomous as velociraptors.

Friday, June 5, 2015

#thewolvesarecircling always

#FreakyFriday turtle in search of #NationalDonutDay

#poetry "Waiting"

Waiting for
The unknown
In a room
of strangers.

Most are here
For
The same reason.

But.

The purpose
Is
Different.

All will be
Forced
Into a
Bureaucratic lawnmower.

And spit out
In other places.

But all will be
Sent somewhere
Even though
Somewhere may be
Nowhere.

Thursday, June 4, 2015

This makes you question this guy's judgement #redneck

#poetry "Getting older"

We are all 
Getting older 
Each 
Day.

Aches and
Pains 
Are common.

Most are 
Caused 
By 
Gravity 
And you 
Can't blame 
Gravity.

Tuesday, June 2, 2015

#poetry "Waiting"

Waiting at 
A bar 
And 
I don't drink 

But 
Other people do 
And they say 
Dumb things loudly 

All drunk people are idiots 

#DonQuijoteDeLaMancha

Monday, June 1, 2015

#caseofthemondays #officespace

#poetry "On target"

On target
Bull's eye hit
With
Each shot.

You make life
Accurate.

Fully calibrated
To meet
My
Dreams.

Happy to be featured in the NC State Bar Journal with my wife, Jillian Brevorka

Article discusses pro bono projects the young lawyers have worked on.

#poetry "Inspiration"

Inspiration comes 
But 
It leaves 

Like a young child 
It has 
A short attention span