Guest guest Posted November 5, 2007 Report Share Posted November 5, 2007 Sunday, November 04, 2007 SSA FINDS MULTIPLE CHEMICAL SENSITIVITY AS DISABLING; AWARDS BENEFITS WITHOUT FURTHER NEED OF HEARING For more info go to: http://linehanpc.blogspot.com/2007/11/ssa-finds-multiple-chemical- sensitivity.html This was a complicated case for a young person that I represented. The claimant had filed for social security disability benefits with other counsel more than 5 years ago. He claimed he was disabled due to multiple chemical sensitivity. This a relatively new medical condition where he could not be around chemical fumes, odors, and irritants. Some members of the medical community are hesitant to recognize multiple chemical sensitivity as a disease. With his first attorney, the SSA judge denied his claim. The SSA judge simply did not believe the claim of multiple chemical sensitivity and ruled against the claimant finding him capable to working. Upon coming to my office, we appealed the claim to the US federal Court. There we argued that the SSA judge wrongly favored the medical reports of the SSA's paid medical doctors over those of the claimant's own treating doctors. We also argued that SSA judge wrongly ignored the claimant's multiple chemical sensitivity disorder and how that disorder kept him from working. The US federal Court agreed with our arguments and sent the claim back to the SSA for another hearing. We then proceeded to wait and prepare for another hearing with the SSA. However, our wait and preparations proved unnecessary. After a few months time, the SSA judge, on his own, issued a decision on the record stating that, no further hearing was necessary and that the claimant was indeed disabled. The SSA judge found that upon " careful consideration of the entire record " , the claimant did not have the ability to work due to fatigue, confusion and cognitive dysfunction arising out of his underlying disorders. The SSA found that the claimant's " chemical hypersensitivity " causes significant limitations in his ability to perform basic work activities. Full disability benefits were immediately awarded with no further need of additional hearings. The Law Office of R. Linehan P.C. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 9, 2007 Report Share Posted November 9, 2007 You Go KC, This is Great I hope it works for me homeless just had surgery to remove viral infection it's very hard on me. wish Florida had judges like this I will call when I'm feeling better Thank you so much for all the great infomation from all of you. and to KC and his wife keep up the great job you all are doing we need people to help us do what we can't in many cases. too weak to fight. Elvira Elvira tigerpaw2c <tigerpaw2c@...> wrote: Sunday, November 04, 2007 SSA FINDS MULTIPLE CHEMICAL SENSITIVITY AS DISABLING; AWARDS BENEFITS WITHOUT FURTHER NEED OF HEARING For more info go to: http://linehanpc.blogspot.com/2007/11/ssa-finds-multiple-chemical- sensitivity.html This was a complicated case for a young person that I represented. The claimant had filed for social security disability benefits with other counsel more than 5 years ago. He claimed he was disabled due to multiple chemical sensitivity. This a relatively new medical condition where he could not be around chemical fumes, odors, and irritants. Some members of the medical community are hesitant to recognize multiple chemical sensitivity as a disease. With his first attorney, the SSA judge denied his claim. The SSA judge simply did not believe the claim of multiple chemical sensitivity and ruled against the claimant finding him capable to working. Upon coming to my office, we appealed the claim to the US federal Court. There we argued that the SSA judge wrongly favored the medical reports of the SSA's paid medical doctors over those of the claimant's own treating doctors. We also argued that SSA judge wrongly ignored the claimant's multiple chemical sensitivity disorder and how that disorder kept him from working. The US federal Court agreed with our arguments and sent the claim back to the SSA for another hearing. We then proceeded to wait and prepare for another hearing with the SSA. However, our wait and preparations proved unnecessary. After a few months time, the SSA judge, on his own, issued a decision on the record stating that, no further hearing was necessary and that the claimant was indeed disabled. The SSA judge found that upon " careful consideration of the entire record " , the claimant did not have the ability to work due to fatigue, confusion and cognitive dysfunction arising out of his underlying disorders. The SSA found that the claimant's " chemical hypersensitivity " causes significant limitations in his ability to perform basic work activities. Full disability benefits were immediately awarded with no further need of additional hearings. The Law Office of R. Linehan P.C. __________________________________________________ Quote Link to comment Share on other sites More sharing options...
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