How to File A Successful Social Security Disability Claim for Diabetes

SSDI Claim for Diabetes

Filing a SSDI claim can be overwhelming

The American Diabetes Association recently reported that 25.8 million children and adults in the United States—8.3% of the population—have diabetes.  Medical conditions resulting from diabetes include blindness, stroke, heart disease, high blood pressure and amputation.

If you are filing for Social Security Disability Insurance (SSDI) Benefits because of diabetes, you have three ways to pursue your claim:

Prove that your conditions satisfies the description of Diabetes Mellitus

To meet the standard of Diabetes Mellitus as set forth at 9.08 of the Social Security Administration’s guidelines, you must demonstrate:

a) Significant and persistent restriction of motor function in two extremities.  For example, if your diabetic condition causes numbness and tingling in your arms and/or legs to the point where your ability to walk is severely inhibited and if this condition is persistent and not improved by medicine, you may have already proven your SSDI claim for diabetes.

b) Acidosis.  You must show that you suffer from changes in your blood chemistry that is caused by uncontrolled blood sugar levels.  This must be persistent condition that is not improved by treatment.

c) Retinitis Proliferans.  You need to bring reliable medical evidence of significant visual impairment.  When diabetes spins out of control, severe vision problems and even blindness can occur.

Prove that you are no longer able to engage in competitive work

If you are unable to meet the standards of proving diabetes mellitus, you may still succeed in your SSDI claim based on diabetes by showing that your “functional capacity” for work as been destroyed by complications from diabetes.  Simply, you must prove that you are no longer able to perform any kind of job.

SSDI Claim for Disability

Proving your diabetes claim

You need to request your doctor to document the physical limitations caused by your diabetic condition; and how this severely impairs your reliability at any job.  For example, if you can evidence frequent and unplanned breaks and numerous mandatory doctor visits, this will show a lack of reliability.

Prove that diabetic complications combined with other medical problems render you unreliable to do work

This way of proving your SSDI claim begins with only mildly severe diabetic symptoms.  For example, your vision is only impaired at night which results in restricting your form nighttime driving jobs.  Another example is when you suffer from occasional numbness in your legs, which makes it too dangerous to do jobs that require climbing or using ladders.

If you present evidence that these limitations caused by your mildly severe diabetic condition taken in combination with other medical conditions cause severe employment limitations, you may sufficiently prove your SSDI claim.

It is extremely important that you support your claim with medical evidence that accurately describes how your medical conditions impact your work abilities and reliability.

The Rosenblum Law Firm specializes in Social Security, SSDI and SSI cases.  Our team of experienced attorneys will work around the clock to achieve the best results possible.  If you have a question, email or call 1-866-634-9849 to speak directly to an attorney.

 

Red Light Camera Tickets Become NYC’s Cash Cow

NY Traffic Tickets from Red Light Cameras

Over 1 million traffic tickets from NYC Red Light Cameras

It has been reported that over 1 million New York City drivers were ticketed by red light cameras.

An average of 2,741 drivers a day were caught running red lights in 2010 by NYC’s 150 cameras. This is a 40% increase from the previous year.

From a revenue generating standpoint, the red light cameras have been a tremendous success.  NYC collected $55.4 million in red-light tickets in 2010 — an increase of 70% from $32 million in 2009.

NY Traffic Attorney Fights Red Light Camera Tickets

$55.4 million in Red Light Camera Tickets in 2010

For a map of NYC’s red light cameras, click here.

From red light camera tickets or to New York’s new 2-point cell phone ticket, the Rosenblum Law Firm can help you.  Dedicated to fighting traffic tickets for years, our attorneys possess the experience to negotiate favorable outcomes efficiently.

Email or call 888-515-3649 to speak directly to an attorney.

New 2-Point Cell Phone Law Boost Sales of Hands Free Devices

NY Traffic Attorney and Cell Phone Ticket

No NY cell phone ticket with a hands-free device

It has been two weeks since New York began imposing two points for violation of its cell phone law and it seems that people have gotten the message.

Verizon reports sales of its hands-free devices has jumped since the enactment of the new 2-point NY cell phone law.  Cell phone companies in Washington and California saw similar boosts in sales when they enacted their cell phone laws.

“Not huge numbers but Bluetooth sales have definitely increased,” John O’Malley, Verizon spokesman said. “I think what people thought was a fine is bad enough. But now having two points on my license is even worse. So now they’re making sure that they have and more importantly that they use some kind of a hands-free device.”

Two points for hand held cell phone violation

Beat your NY cell phone ticket with a hands-free device

Some drivers will skip the headsets or Bluetooth and simply put the phone on speaker.  This allows them to talk and drive and avoid a NY cell phone ticket.  Others will invest in all sorts of hands-free devices to enable them to drive with their cell phone.

If a person is ticketed for a NY cell phone law violation, they receive two points.  Accumulating six points results is a $300 fine.  Eleven points and your license may be suspended.  Read more.

New York’s cell phone law prohibits only hand-held cell phones.

The Rosenblum Law Firm has a proven track recording of negotiating favorable outcomes for our clients facing stiff traffic tickets including those who received a cell phone ticket.  In most cases, we will be able to lower your charges, reduce your points and decrease your fines.  Email or call 888-815-3649 to speak directly to an attorney.

Driving without Insurance Is a Crime

NY traffic attorney

Suspension of license for driving without insurance

In New York, it is a misdemeanor to drive an uninsured automobile or allow someone else to drive your uninsured automobile.

NY VTL §319-2 states that “no person shall produce an insurance identification card which indicates insurance coverage which is not in effect.  A violation of this subdivision shall be a misdemeanor.”

Nevertheless, the government must prove that there was no insurance and that the driver knew that there was no insurance. As stated, “[t]he burden of proving both lack of insurance and knowledge [that the vehicle is uninsured] is upon the People.” People v Scherbner, 26 Misc 3d 797 (2009).

DMV and driving without insurance

Issuring a ticket for driving without insurance

Failure to present an effective insurance card is only presumptive evidence of the driver’s knowledge that his automobile was uninsured.  The driver may counter this presumption with evidence – testimony might be sufficient.

A driver of an uninsured automobile may lose your driver’s license for at least one year.  NY VTL §319-1 declares that a person operating an uninsured vehicle may be fined between $150 and $1,500 or may face up to 15 days of jail time or both.

In addition, an uninsured driver may face a civil penalty of $750 which must be paid before applying for a new license.

Rosenblum Law Firm has helped countless of drivers reduce their charges, lower their points and decrease their fines.  Email or call us today at 888-815-3649 to speak directly to an attorney. If you have a NY Suspended License we can help!

NY Cell Phone Law for Bicyclists?

NY Traffic Attorney for Bicyclists

NY cell phone law for bicyclists might be on the horizon

New York’s new cell phone law that imposes two points in addition to a fine has received much attention in the news and on the web. Read more.

In recent months, the news and web have been buzzing about police cracking down on bicyclists disobeying traffic laws.  We have reported about bicyclists receiving tickets in Albany and New York City.

Interestingly, the language of New York’s 2-point cell phone law, VTL 1225(c) (and VTL 1225 (d) which applies to all electronic devices) applies strictly to motor vehicles.  Presently, NY bicyclists are not prohibited from hand-held cell phones like NY motorists.

A quick survey of the USA shows that lawmakers are beginning to turn to bicyclists and restricting their use of cell phones and electronic devices.

When Billings, Montana passed a city ordinance banning text messaging and hand-held cell phones while driving, the city government specifically included motorcycles and bicycles.  First offense fines range from $110 to $300 and then up to $500.

In May 2009, Philadelphia, Pennsylvania also prohibited bicyclists, motorcyclists, skaters and skateboarders from talking on handheld cell phones while driving.  Tickets include fines of $150 to $300.

One year later, Allentown, Pennsylvania extended its hand-held cell phone law to skateboarders, inline skaters and bicyclists. Again, fines range from $150 to $300.

Wilkes-Barre, Pennsylvania followed with fines of $75 for riding bicycles while talking on a phone or texting.

On the state level, in Oregon, state Rep. Michael Schaufler filed a bill to ban bicyclists from using smartphones, MP3 players, radios, CD players and the like.  The fine for such unsafe operation of a bicycle would be $90.

In Virginia, HB 1404 intends to extent Virginia’s text messaging ban to bicycles, mopeds “electric personal assistive mobility

NY Traffic Lawyer for Bicyclists and cell phone tickets

New ban on texting, talking and bicycling?

devices.”   The law would be subject to primary enforcement which means that police could pull over a bicyclist and ticket him/her for that reason alone (as opposed to halting the bicyclist for running a red light and then giving him/her an additional ticket for driving and texting).

In Arkansas, a state senator originally suggested legislation to limit headphone use by bicyclists and pedestrians.  After a bombardment of citizen complaints, he lowered the restriction to one ear only

Similarly, California Sen. Joe Simitian partially backpedaled from his bill to issue distracted driving fines for bicyclists after a wave of complaints from riders. Although Sen. Simitian’s 2010 legislation failed, it was reintroduced in 2011 with lower fines ($20/$50). Currently, California does not have a distracted driving law for bicyclists.

Whether you are a motorist that has been issued a ticket for violating New York’s new cell phone law or bicyclist facing a red-light ticket, the Rosenblum Law Firm can help.  Our clients beat their tickets and walk away from traffic court with reduced charges, lower fines and fewer points.  Email or call 888-815-3649 to speak to an attorney directly.

Groundbreaking NY Court Decision – NYPD Uses Arrest Quotas

NY Criminal Attorney and Quota

Court finds NYPD Using Quotas

A Brooklyn, NY jury declared Friday, February 18, 2011 that  New York Police Department officers are motivated by arrest quotas.

AlbanyCrimanalAttorneys.com wrote about speeding ticket quotas being posted in New York City’s 77th precinct.  What is groundbreaking is that a New York civil court has decided that the NYPD has a policy of setting arrest quotas for its officers.

It all began with Carolyn Bryant, 46, suing the NYPD for injuring her during a 2006 arrest.  She argued that she was hurt when she confronted police who arrested her son for drugs.  Charges against her and her son were subsequently dropped.

Jurors decided there was no false arrest of Bryant; and yet they awarded punitive damages.  This invalid verdict prompted Bryant to accept a $75,000 out-of-court settlement.

NY Criminal Lawyer

NYPD Arrest Quotas

On the issue of whether the police had a policy “regarding the number of arrests officers were to make that violated plaintiff’s constitutional rights and contributed to her arrest” – the panel of six men answered “Yes.”

Capt. Alex Perez of the 81st Precinct, who testified that the number of arrests they make impacts police officers’ performance assessments, influenced the jury’s pioneering decision that the NYPD utilizes arrest quotas.

Legal pundits anxiously wait how this decision will be utilized by NY criminal attorneys in future cases involving the NYPD.

“Other lawyers can now argue convincingly that the issue of quotas has been decided,” said Bryant’s lawyer Seth Harris.

City of New York lawyer Zev Singer insists that the NYPD does not use quotas.

Ten Tips for a Successful Social Security Disability Claim

NJ Social Security Disability Attorney

1. Regular Doctor Visits
Maintaining comprehensive and up to date medical records enhances your chances for success dramatically.  When the Social Security Administration (SSA)  (or other Administrative Law Judge) reviews your claim, medical records are the most important factor in the decision.  Therefore, make frequent and consistent doctor visits.

2. Follow Doctor’s Orders

When doctors prescribe medication, treatment or therapy, it is important to follow the doctors’ orders carefully.  When Social Security reviews an applicant’s treatments and sees that an applicant refused to take medications or comply with recommendations for treatment, SSA may likely conclude that these actions are inhibiting your improvement.  By carefully following doctors’ orders, an applicant demonstrates that he is doing everything possible to improve his condition.

3. Give All Medical Records to Your Attorney

The importance of maintaining comprehensive and up to date medical records has been established.  A fully copy of all records must be given to the applicant’s attorney so that he is prepared.   In addition, the applicant’s attorney must be notified of all doctor appointments and results.

4. Refrain from Drug and Alcohol Abuse

Social Security does not pay benefits if drugs or alcohol are contributing factors to a disability. If the applicant’s medical records show current drug or alcohol abuse, the Social Security Disability Insurance (SSDI) claim will be denied.  If past use appear in the medical records, he applicant must prove that all drug or alcohol use has stopped.

5. Be Detailed on Your Applications and Paperwork

Keep an accurate and detailed diary of how your disability affects your day to day activities.  For example, an applicant should NOT write, “ I watch TV all day,” because SSA will conclude that you can sit and answer phones 8 hours a day.  Rather, an applicant needsNJ Social Security lawyer to explain how long he can sit and what pain and discomfort causes him to change positions.

6. Maintaining Frequent Contact with SSA and the SSDI Attorney

Social Security denies applications DAILY because they cannot locate the applicant.  When an applicant moves or changes a phone number, it is important to give all new contact information to relevant SSA offices.  Equally important is providing accurate contact information to an applicant’s attorney.

7. Comply with Social Security’s Requests

Social Security makes frequent requests of applications.  All SSA forms, exams and paperwork must be completed promptly and accurately.  Failure to comply with SSA demands may result in denial.

8. Watch Your Earnings

SSA has strict qualifications that must be adhered to in order to qualify for benefits, and the monthly earnings limit is one of the most important. When applying for SSDI, this limit is called SGA (Substantial Gainful Activity). For 2011 the limits are as follows:
Non-Blind Individual = $1,000
Blind Individual = $1,640
For Supplemental Security Income (SSI) benefits, the amount varies based on marital status and state of residency.

9. Seek Assistance from Your Local Congressman

An applicant should invite his local congressional representative to write a letter supporting his claim.  A letter from a congressman cannot influence the decision on your social security claim; it may speed up the process (especially in dire need situations).

10. Don’t Give Up

Receiving social security benefits is a long and difficult process. Denial rates are high and the majority of cases will not be resolved until an Administrative Law Judge hearing.
Call now and speak to an attorney from Rosenblum Law Firm about your SSDI claim.