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Posts Tagged ‘Administrative Law Judge’

Machado-Joseph Disease and Receiving Social Security Disability

Wednesday, February 9th, 2011

The word “ataxia”, comes from a Greek word, “a taxis” that means incoordination or without order. Ataxia means a lack of coordination or without coordination.

Ataxia can refer to a sign or symptom of incoordination that is associated with injuries, infections, other diseases or degenerative changes in your central nervous system. Ataxia also refers to a group of specific degenerative diseases of your nervous system. These are called sporadic and hereditary ataxias.

The reason ataxia causes problems with your coordination is because if affects the parts of your nervous system that controls balance and movement. Ataxia can affect your hands, fingers, arms, body, legs, eye and speech movements.

Machado-Joseph disease is an extremely rare hereditary type of ataxia. It is also referred to as spinocerebellar ataxia type 3.

Machado-Joseph disease affects your central nervous system. This is especially true of the areas that control the movement coordination of your facial muscles, eyes and limbs. This disease is characterized by the progressive and slow degeneration of areas of your brain that are involved in motor coordination.

An unusual thing about Machado-Joseph disease is that it is not named after the researchers who discovered it in 1972. It is named after William Machado and Antone Joseph who were the patriarchs of the families in which the disease was first described.

Machado-Joseph disease can occur in anyone of any ethnic background. However, it is most common in people who are of Azorean or Portuguese ancestry.

There are several signs and symptoms that you may experience with Machado-Joseph disease. These include:

  • Problems with swallowing and speech
  • Spasticity (rigid or stiff muscles with exaggerated, deep tendon reflexes)
  • A lurching staggering gait that may be easily mistaken for being drunk
  • Slow progressive weakness and clumsiness in your legs and arms
  • Frequent urination
  • Dystonia (a neurological movement disorder that involves sustained muscle contractions that cause twisting and repetitive movements or abnormal postures)
  • Blurred or double vision
  • Twitching of your tongue or face
  • Involuntary eye movements
  • Loss of the ability to distinguish contrast and/or color.

You or a loved one may have Machado-Joseph disease. Machado-Joseph disease and complications that have resulted from this disease may have led to you or your loved one’s disability and need for financial help.

You or your loved one may intend to apply for the financial assistance that you need from the Social Security Administration by applying for Social Security disability benefits or disability benefits because of the disability caused by Machado-Joseph disease and complications that have resulted from this disease. You or your loved one may have already taken this step, and your application was denied by the Social Security Administration.

If you or your loved one is planning on reapplying or appealing the denial, you really ought to think carefully about this important fact. The fact is that people who have a disability lawyer standing with them are approved more often than people who are not represented by a disability attorney.

Please do not hesitate or put this off. Contact the disability lawyer at Social Security Home, today.

What Should I Expect At My Social Security Disability Hearing?

Monday, April 13th, 2009

Many Social Security Disability applicants will wait up to a year or longer for their chance to present their Social Security Disability claim to an Administrative Law Judge. All Social Security Disability denials up to this point were done by a state medical examiner who did not have the opportunity to speak with you, discuss your Social Security Disability claim with a vocational expert or hear evidence presented by your Social Security Disability lawyer.

The Social Security Disability hearing will give you an opportunity to present your Social Security Disability case in a face to face meeting with an Administrative Law Judge who is free to review all of your medical information with out prejudice or regard to other decisions made by a state medical examiner.

Most Social Security Disability hearings will be held in a small room in a court house near your residence. The Social Security Disability hearings are not open to the public, and there will not be a contentious argument between a prosecutor and defensive attorney, in fact, the state does not even have an attorney present. In most Social Security Disability Hearings there will be a calm, open discussion between all the participants. The participants will include the Administrative Law Judge, your Social Security Disability lawyer, a vocational expert and a judicial assistant who will record the hearing.

Other medical expert witnesses (psychiatrists, internists, cardiologists, orthopedists) may be requested by the Administrative Law Judge. Their purpose is to help the Administrative Law Judge understand medical aspects of your Social Security Disability case. Medical experts may be requested for Social Security Disability cases where the Social Security Disability claimant has multiple physical and mental impairments or if their medical documentation is difficult to understand or contains contradicting information.

The vocational expert is present to identify and classify the type of work you have done in the past (skilled, unskilled and semi-skilled) and if your mental or physical health condition is too severe to allow for employment in your past profession. If the vocational expert determines you cannot perform your current job, he may be able to identify additional jobs you could be retrained to perform- given your skill sets, educational level, age and job experience. The vocational experts commonly refer to the Directory of Occupational Titles to identify the requirements a person must have to engage in any job available with in the United States. If you have hired a Social Security Disability attorney, they will be able to cross examine the medical examiner and/or the vocational expert in an effort to discredit or clarify their testimony.

Many Social Security Disability claimants find the Social Security Disability hearing stressful and will become very emotional or nervous. This is normal, but if you have a good Social Security Disability attorney they will be able to prepare you for what to expect. In most hearings, the Administrative Law Judge will ask very basic background questions:  address, birth date, school background and your name. They will also ask questions about your past work experience and job responsibilities: physical and mental job requirements including your ability to stand, sit, push, pull and lift. The Administrative Law Judge will also ask specific information concerning your mental and physical health condition and any limitations you now face in daily house hold activities. The judge will use this information to determine if you are able to perform your past job or any other type of job. The most important thing to remember while testifying is to be specific, tell the truth, be descriptive and have a positive attitude.

Each Administrative Law Judge has his or her own personal style regarding testimony and questioning. Certain Administrative Law Judges will ask all of the questions themselves, while others will expect your Social Security Disability attorney to ask you all relevant questions regarding your background, medical information and job responsibilities. At the end of all of your testimony the expert witnesses (Vocational and Medical) may present their evidence and your Social Security Disability lawyer will have the chance to contradict or clarify their expert testimony.

At the end of the Social Security Disability hearing the Administrative Law Judge will hear final comments. You and your Social Security Disability attorney may be asked for closing comments. Most Social Security benefit decisions will be made by written notice four to six weeks after the administrative hearing. In a few instances, the Administrative Law Judge may present the decision at the close of the hearing, but this will be the exception.