Social security disability application

Black & Jones Wins Benefits for a Young Adult Based on Injuries Sustained in Childhood

Denied Disability

A client came to us after having applied for Social Security Disability Insurance benefits
and being denied. His disability stemmed from a severe motor vehicle injury sustained when he was only 5 years old. After months of being hospitalized and in rehabilitation, he made a recovery and was able to return home. However, the accident left him with devastating residual physical and mental conditions that limited his functioning. Although he spent the remainder of his childhood going to school, graduating high school, and spending time with friends and family, the client was unable to truly function as a normal young adult. During his twenties, he lived with his parents and, due to a settlement from the accident, had too much in assets to receive Supplemental Security Income benefits. But when a parent finally began receiving Social Security benefits, the client was able to apply off of his parent’s record.

Building a Stronger Case

It was clear that this client was disabled and seemed obvious that they should be awarded benefits. However, because their injury was sustained at such a young age and they had recovered as much as they were going to more than 20 years before, there was very little available medical evidence demonstrating what the client’s deficits were. Therefore, when Social Security made its initial decision to deny, it was because there was not sufficient evidence. Black & Jones knew that we needed to get the medical records from 20 years ago as well as get updated medical opinions that outlined the client’s physical and mental condition to submit to Social Security.

The first step was to file the reconsideration, which is the first appeal of a denial. The next step was to try to get as many of the old medical records as possible. This can be difficult when you are seeking medical records from more than 10 years ago, especially when there were no such thing as electronic medical records back then.

Next, we needed to make sure that the activities of daily living and other questionnaires were filled out completely and accurately to reflect the client’s functioning difficulties. Since the client had an IEP in school and got extra assistance from teachers and aids, it was also useful to see if we could obtain written statements or records from his school days. Eventually Black & Jones had to file a request for a hearing in the case which is the second opinion.

We then met with the client to explain what to expect at the hearing and then were present during the hearing with the administrative law judge. We made sure that the judge had all of the necessary evidence in hand and that the client testified to all the important details they needed to issue a favorable decision.

Securing Stability

Very shortly after the hearing, the judge issued a fully favorable decision finding the client had been disabled since childhood and granted benefits. Now this client can relax knowing that he has both monthly benefits and Medicare insurance to help secure his future. Black & Jones was honored to be able to help bring some peace and certainty about the future to this client and his parents!

The SSDI benefits you qualify for are determined by several factors, such as your employment background, income history and medical status. For more on what you’ll need to apply for SSD, read our recent blog about recent changes to the application process. For a free consultation of your own case, call Black & Jones Attorneys at Law at 815-967-9000 or fill out the form to get started!