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Linder Law Office
1755 S Naperville Road, Suite #100
Wheaton IL 60188

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Articles

Favorable Decisions

Case Conclusion Date: November 19, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Pulmonary Disease, Emphysema, Asthma, Arthritis, ARDS
Description: Claimant is a 60 year old female who has past relevant work as a factory worker. She does have a HS degree and some college. She suffers from pulmonary disease; emphysema/asthma; right knee arthritis and a history of ARDS. The claimant is unable to perform past relevant work and met medical vocational occupational grid listing 202.06 so was deemed disabled since December 16, 2004.


Case Conclusion Date: September 17, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Arthritis, Hammer Toe, Depression, Anxiety
Description: The claimant is a 55 year old male who has a GED and past relevant work as an auto mechanic. The claimant suffers from arthritis in his right shoulder, hammer toe, depression and anxiety. The claimant has been unable to work since May 2008.The Administrative Law Judge ruled that the claimant was entitled to ongoing benefits as of the date he turned 55and met medical vocational grid rule 202.06.


Case Conclusion Date: August 25, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: ADHD, Mood Disorder, Anxiety, Sleep Disorder
Description: Claimant was a 12 year old male who suffered from ADHD, Mood Disorder, Anxiety and sleep disorder. The alleged onset date was January 1, 2005 and the original application date was October 21, 2008 The claimant had medical/psychological treatment which indicated aggression to people and animals, deceitfulness, argumentative, loss of temper, forgetfulness, disorganization, distractibility and extreme behavior at school and at home. The claimant had a GAF score's of 47 and 45. The claimant met listing 112.11 Attention Deficit Hyperactivity Disorder and was disabled as of October 21, 2008.


Case Conclusion Date: August 25, 2010
Practice Area: Social Security
Outcome: Fully Favorable at the Reconsideration level
Disability: Spinal Bifida, Hydrocephalus, Diabetes, Bladder problems, Insipidus and Right Hip Dysplasia
Description: Claimant was a 12 year old female who is currently in the 6th grade. Claimant is in special education and suffers from Spinal bifida, Hydrocephalus, Diabetes, bladder problems, Insipidus and Right Hip Dysplasia The claimant was denied at the initial level but won on the Reconsideration level with the assistance of a pre trial memorandum from Linder Law office and additional evidence gathered by Linder Law Office.


Case Conclusion Date: August 25, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: PTSD, Depression, Psychotic Features, Oppositional Defiant Disorder, Low Self Esteem, Sexual Abuse, Eating Disorder
Description: Claimant was a 15 year old female who suffered from Post Traumatic Stress Disorder, Major depressive disorder with psychotic features, Oppositional Defiant Disorder, Low Self-Esteem, and Sexual Molestation by a family member and an Eating Disorder. Claimant was found to be disabled as of March 8, 2007. DDS had found the claimant to not have severe limitations. Linder Law Office sought treating records and school records which indicated that the claimant had several hospitalizations and several suicide attempts. The claimant was ruled disabled as of March 8, 2007.


Case Conclusion Date: July 2, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Back Problems, High Blood Pressure, Arthritis, Asthma, Adjustment Disorder with Anxious Mood
Description: Claimant was a 50 year old male with 12 years of education and past sporadic work of a dishwasher. Claimant has been incarcerated for crimes related to substance abuse, but has been in remission for 2 years and is attending Narcotics Anonymous. The claimant suffers from back problems, high blood pressure, arthritis, and asthma and adjustment disorder with anxious mood. The claimant has medical records to support degenerative disk disease, lumbago, instability, and Spondylolisthesis grade 1 at L5-S1. The claimant met medical vocational grid listing 201.12.


Case Conclusion Date: July 1, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Depression, Chronic Pancreatitis, Anorexia
Description: Claimant was a 19 year old female who suffers from chronic pancreatitis and depression. The claimant had been hospitalized several times and suffers from severe abdominal pain, nausea, difficulty sleeping and no appetite. She also suffers from anorexia occasionally used marijuana to stimulate her appetite and ease the abdominal pain. The Administrative Law Judge ruled that the marijuana usage was not the cause of her disability and that her underlying medical conditions and mental conditions interfered with her ability to work or function.


Case Conclusion Date: July 1, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Stroke, Memory Problems, High Blood Pressure, Aneurysm
Description: The claimant is a 56 year old male with 10 years of education and past relevant work as a brick layer. He is alleging disability due to a stroke, weak right side, short term memory problems, high blood pressure and an aneurysm. The alleged onset date was October 31, 2006. Linder Law Office developed a pre trial memorandum and Residual Functional Capacity Questionnaire's by the claimants treating physicians which showed limitations of the claimant and pointed out that DDS failed to consider the claimant's BMI of 43.5. The claimant also had problems sustaining concentration and persistence and showed memory impairment. Claimant was disabled as of October 31, 2006.


Case Conclusion Date: June 30, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Dyslexia, Depression, Head Injuries
Description: Claimant is a 50 year old female whose past relevant work is in general maintenance/attendant positions and currently is working at a convenience store at a part time level at less than SGA. The claimants allegations of disability are injuries to the head with resulting effect to motor skills, dyslexia and depression, The claimant has problems walking and has to use a CPAP machine of a night to sleep. The claimants memory was also poor and needed reminders to attend to activities of daily living. The claimant was disabled from January 22, 2009.


Case Conclusion Date: June 4, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Memory Lapses, Depression, Anxiety, Back Problems Substance Abuse
Description: Claimant was a54 year old male who had attended high school up to the 11th grade. Past relevant work was as a school bus monitor, factory worker and dish washer. The claimant suffered from memory lapses, depression, anxiety, back problems, a broken ankle and substance abuse. Watson & Linder Law office developed the medical record and wrote a pre trial memorandum highlighting the claimant's severe medical condition including brain atrophying due to alcohol abuse. The claimant needed a walker to ambulate and had deformity and flattening of the left foot. The claimant had previously been denied at an ALJ hearing on December 18, 2007. Watson & Linder Law Office showed that the claimant's condition was severe and that there were no jobs that the claimant could not perform past relevant work and could not find employment in the National Economy and met Vocational Grid Rule 201.09.


Case Conclusion Date: April 22, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Degenerative Disc, Reflex Sympathetic Dystrophy, Depression,
Description: Claimant was a 53 year old male who had the equivalent of 12 years of education. The claimant alleged disability due to back pain specifically degenerative disc disease and reflex sympathetic dystrophy in the right arm and depression. The claimant had significant medical treatment and Watson & Linder Law Office developed the medical record and had the physician's complete various Residual Functioning Capacity Questionnaire's which established significant restrictions that the claimant would have if he attempted to perform work. The Administrative Law Judge determined that the claimant met Medical Vocational Rule 201.14 and established a disability onset date of March 30, 2007.


Case Conclusion Date: April 12, 2010
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Spinal Stenosis, Depression, Herniated Disc,
Description: Claimant was a 44 year old female with 9 years of education. Her past relevant work was in the areas of housekeeping and babysitting. The claimant suffered from spinal stenosis and depression. The claimants use of medication would effect her ability to function and she could not lift over 10 lbs and cannot perform repetitive maneuvers secondary to her pain and that the pain and fatigue are severe enough to interfere with attention and concentration. Claimant had herniation at L3-L4 and L4-L5, and disc protrusion at LS-S1 compressing on the R S1 nerve root. Claimant was disabled as of May 1, 2008.


Case Conclusion Date: February 19, 2010
Practice Area: Social Security
Outcome: Fully Favorable Outcome
Description: Claimant is a 54 year old male whose past relevant work was as a general laborer. The claimant had previously been approved for benefits, but Social Security found that he had been working over SGA and misstated his condition to the consulting psychologist. Watson & Linder gathered medical evidence that despite the work that the claimant could not perform competitive work and after considerable discussion allowed the claim date to be amended to August 1, 2008 which was after the claimant could no longer perform the work that was above SGA.


Case Conclusion Date: February 19, 2010
Practice Area: Social Security
Outcome: Fully Favorable Decision
Disability: Chronic Obstructive Pulmonary Disease
Description: Claimant was a 65 year old female who had taken early retirement despite being physically disabled. The claimant has Chronic Obstructive Pulmonary Disease and met the medical listing for disability. Watson & Linder Law Office developed the medical records indicating that the claimant met the medical "listing" and that her condition affected her ability to walk/lift or perform other physical activities. The ALJ agreed with the pre trial memorandum and found in the claimant's favor without requiring a hearing. The onset date of disability is February 1, 2008.


Case Conclusion Date: February 16, 2010
Practice Area: Social Security
Outcome: Fully Favorable outcome
Disability: Asperger Syndrome
Description: Claimant is a 47 year old male with a high school education. His only past relevant work was assisting his father as a carpenter. The claimant had previously applied for disability alleging seizure disorder and borderline intellectual functioning. Those applications were denied. Watson & Linder Law Office encouraged the claimant and his family to seek help at SIU School of Medicine. A board certified neuropsychologist evaluated the claimant and determined that the claimant had Asperger's Syndrome and had likely had Asperger's syndrome throughout his life. The ALJ ruled an onset date of December 31, 1989.


Case Conclusion Date: February 9, 2010
Practice Area: Social Security
Outcome: Fully Favorable Decision
Disability: Degenerative Disc Disease, Post Cervical Fusion, Laminectomy, Osteoarthritis, Asthma, COPD, Antitrypsin Deficiency, Selective IgG4 Deficiency, Histopasmosis, Tachycardia, Digestive Problems, Abominable Surgeries, Jejunostomy
Description: Claimant is a 55 year old female who had the past relevant work of a medical administrative assistant. The claimant alleged disability due to degenerative disc disease, post cervical fusion and laminectomy; osteoarthritis; asthma; COPD; alpha 1 antitrypsin deficiency; selective IgG4 deficiency; histoplasmosis post left upper lobe wedge resection; tachycardia; digestive problems; post abdominable surgeries with feeding jejunostomy tube placement and history of MRSA infection. The ALJ determined that Watson & Linder had developed the record sufficiently that there was no need to conduct a hearing so ruled in the claimant's favor stating she had been disabled since July 28, 2008.


Case Conclusion Date: February 1, 2010
Practice Area: Social Security
Outcome: Fully Favorable Attorney Advisor Decision
Disability: Degenerative Changes in Lumbar Spine, Bilateral Rotator Cuff Tendonitis, Polysubstance Abuse
Description: Claimant is a 56 year old male who has an 8th grade education with prior work experience as a laborer and janitor. The claimant had degenerative changes in the lumbar spine with chronic low back pain, bilateral rotator cuff tendonitis, and a past history of polysubstance abuse. Watson & Linder successfully developed the medical evidence of record so that the claimant's physical restrictions were clear and the claimant was ruled disabled as of November 25, 2008. Watson & Linder developed the record sufficiently that no hearing was record based upon the pre-trial memorandum and medical evidence submitted by Watson & Linder.


Case Conclusion Date: January 3, 2010
Practice Area: Social Security
Outcome: Partially Favorable Decision
Disability: Degenerated Disk Disease
Description: Claimant was a 39 year old college educated female who had worked as an insurance sales person. The claimant suffered from Degenerative Disc Disease; Anxiety; Visual Disturbances; Ehlers-Danlos Syndrome and Muscular weakness. The ALJ determined that the claimant was disabled August 28, 2006. The claimant also suffers from severe depression meeting listing requirements 12.04.


Case Conclusion Date: December 23, 2009
Practice Area: Social Security
Outcome: Fully Favorable Bench decision
Disability: Back Problems
Description: Claimant was a lady who is currently 59 years of age. She had no vision in her left eye and had spinal fusion and implantation of a rod in her back in the 70s. Complications such as arthritis and narrowing of the spinal canal have developed. Specifically in the C5-6 and C7, T1-6, L4-5 and L5-S1. Range of Motion was decreased and claimant suffers from panic attacks after her father passed away in 2003. Past relevant work was as a furniture salesperson/interior decorator; and as a real estate agent. The vocational expert ruled out past relevant work once the functional limitations of the claimant were laid out by medical sources. The Administrative Law Judge ruled claimant was disabled as of February 18, 2009. Claimant is eligible for SSI and SSDI.


Case Conclusion Date: December 17, 2009
Practice Area: Social Security
Outcome: Fully Favorable onset date to September 28, 2008
Disability: Multiple Sclerosis , Diabetes Glaucoma
Description: Claimant is a 55 year old female suffering from Multiple Sclerosis; Bipolar; Diabetes and Glaucoma. Her past relevant work is as a cashier and she is a HS graduate. The ALJ found that the impairments do meet a listing requirement when looked at in combination with each other. The claimant could perform Sedentary work, but not her past relevant work. Linder Law Office worked with the Claimant's physicians and counselors to develop Residual Functional Capacity Questionnaires which rebutted the State Agency's determination that the Claimant could perform a higher level of work.


Case Conclusion Date: December 16, 2009
Practice Area: Social Security
Outcome: Successful initial application
Disability: Arthritis Hypertension
Description: Claimant had previously applied for Social Security and been denied in 2004. A referral was made to Linder Law Office from another attorney's office. Linder Law Office filed an initial application with more evidence and the claimant was approved. The claimant is 59 years old who has arthritis in both knees; has had her right knee replaced and suffers from hypertension. The claimant suffers from severe pain and has limited capacity to walk. The claimant was determined to be disabled as of September 9, 2009.


Case Conclusion Date: December 1, 2009
Practice Area: Social Security
Outcome: Favorable Initial application
Disability: Spinal Stenosis
Description: Claimant is a 32 year old male with a high school degree and some college. Past relevant work is several years of factory work and baker. The claimant alleged disability due to severe Spinal Stenosis. Linder Law office compiled medical records for his initial application documenting compression at C2-7 resulting in a laminectomy in 2004 and another in December 2007 with a fusion on the C2-C7. Doctors have since noted compression at L3-L5 and S1 with pressure on the nerve root at L4-L5. Claimant has numbness and atrophy of his right leg muscle. Linder Law Office submitted an initial case summary to the DDS examiner. Disability was determined as of December 20, 2007.


Case Conclusion Date: October 14, 2009
Practice Area: Social Security
Outcome: Fully Favorable
Disability: Depression, Anxiety, High Blood Pressure
Description: Claimant is a 47 year old female who has past relevant work in a warehouse/driving; school bus driver'; patrol officer supervisor and cook. Claimant suffered from depression; anxiety; high blood pressure; thyroid problems; back and hip problems; asthma and vision problems. Claimant was obese. Linder Law Office developed physical limitations from medical records which limited the claimant from standing less than 10 minutes and lifting 10 lbs occasionally and no more than 20 lbs frequently. The claimant also suffered from sleep disturbance; decreased energy; feelings of guilt or worthlessness and hallucinations. Judge ruled that claimant was disabled as of June 11, 2008.


Case Conclusion Date: October 14, 2009
Practice Area: Social Security
Outcome: Favorable Decision - closed period
Disability: Ruptured Disk, Never Damage, Arthritis
Description: Claimant is a 49 year old male who has a GED. Past relevant work is in construction and construction sales. Claimant filed disability due to ruptured/herniated disks; nerve damage and arthritis. Claimant has several back surgeries to repair disks and has extensive scarring. Claimant suffered from intense pain and depression. Claimant frequently lost his train of thought; has problems remaining seated and problems with fatigue and sleeping. Judge ruled that claimant qualified for a "closed period" or met the disability determination from October 2007 to July of 2008. Claimant returned to work in July of 2008 and made over SGA for several months after July of 2008.


Case Conclusion Date: October 14, 2009
Practice Area: Social Security
Outcome: Fully Favorable - onset July 22, 2006
Disability: Stoke, Fatigue
Description: Claimant was a self employed individual who owned and operated a body shop. Claimant was forty five years of age and suffered from a stroke and had significant fatigue and limited vision in his left eye. The claimant was medically limited to lifting five pounds frequently and ten pounds occasionally and not allowed to stand more than two hours in an eight hour workday and would have to be allowed to sit stand or lie down at his own option for 12 days per month. The claimant's business did earn more than SGA, but Linder Law Office prepared a detailed accounting of income and expenses to show that the type of work was more properly characterized as a trial work period and that the claimant had substantial monthly medical bills and introduced testimony that claimant's brother performed substantial work at the firm allowing body shop resulting in revenue. The claimant also has substantial side effects from medication.


Case Conclusion Date: September 8, 2009
Practice Area: Social Security
Outcome: Favorable Decision
Disability: COPD, Hepatitis C, Depression, Asthma
Description: Claimant was a 49 year old lady who had a ninth grade education; with past relevant work as a waitress/bartender. Claimant suffered from COPD, Hepatitis C, torn knee ligament, depression, high blood pressure and asthma. The claimant had also been diagnosed with breast cancer and had gone through chemotherapy treatment from the first of 2009 till March 2009. The claimant had fallen in September of 2006 and injured her knee but did not have surgery until late 2007. The claimant underwent physical therapy in 2008 and counseling for depression in 2008 to present. Linder Law Office developed the medical records and had the counselor fill out a mental residual functional capacity questionnaire which indicated the claimant could not work competitively. The Judge offered a favorable onset date of March 2008 which claimant accepted.


Case Conclusion Date: September 3, 2009
Practice Area: Social Security
Outcome: Favorable Bench ruling
Disability: ataxic and Lack of Fine Motor Skills
Description: Claimant was a 54 year old male who alleged disability due to left hip and leg pain; bad shoulder and depression. Claimant also suffered from ataxia causing lack of coordination of fine motor skills; slowed/slurred speech and problems with balance and coordination. Claimant had previously worked as a Home Health Aide; Day Care Operator; Janitor and Stock clerk. Linder Law Office wrote a pretrial memorandum establishing that claimant would be restricted to sedentary work and Vocational Grid rule 201.09 would direct that the claimant was disabled as of the his attaining age 50. ALJ agreed and ruled claimant disabled as of attaining age 50. Claimant will receive 4 1/2 years of back benefits (SSI) and future SSI benefits.


Case Conclusion Date: August 21, 2009
Practice Area: Social Security
Outcome: Successful initial claim
Disability: Schizoaffective disorder, Bipolar, Adjustment disorder, Depression
Description: Claimant is a 44 year old male whose past relevant work was unskilled. Claimant has been diagnosed with schizoaffective disorder bipolar; adjustment disorder with depressed mood. Claimant has paranoid thoughts which affect his ability to function in society. Claimant was deemed disabled in September 2008, the date right after a previously denied ALJ hearing.


Case Conclusion Date: August 17, 2009
Practice Area: Social Security
Outcome: Successful initial claim
Disability: Knee Problems, 2 Degenerated Disk Disease
Description: Claimant is a 56 year old male who has bilateral knee pain; surgery on the left knee and significant degenerative joint disease on both sides. Claimant's treating physician completed a residual functional capacity questionnaire limiting claimant to walking no more than 15 minutes; standing no more than an hour; sitting no more than an hour; no lifting above 20 lbs; and rarely climbing stairs. Onset date was February 2008.


Case Conclusion Date: July 17, 2009
Practice Area: Social Security
Outcome: Favorable Decision onset November 20, 2005
Disability: Cancer
Description: Claimant was a 45 year old male whose past relevant work was as a carpet layer. Claimant graduated from High School and had two years of college. Claimant developed cancer of the bladder in 2000 and had multiple surgeries and eventually had his bladder removed in 2005. Claimant suffered from depression as a result and the ALJ ruled that the claimant met severity requirement of depression listing 12.04 as of November 20, 2005.


Case Conclusion Date: July 10, 2009
Practice Area: Social Security
Outcome: Fully Favorable - reopened previous case
Disability: Depression, PTSD, Hypertension
Description: Claimant was a forty year old female who suffered from depression; post traumatic stress disorder; hypertension; and polysubstance abuse. Claimant's depression met the listing of depression; however, DDS had denied the claimant due to substance abuse. Linder Law Office developed medical records showing that the claimant's mental issues predated the substance abuse and at the hearing the medical expert could not specifically state that the mental impairments were not the result of the substance abuse. The claimant was obviously worse while abusing substances but her ability to function were extremely limited even during periods of sobriety. Linder Law Office argued that a previous application should be reopened and the ALJ agreed. The period of disability was December 27, 2005.


Case Conclusion Date: July 7, 2009
Practice Area: Social Security
Outcome: Favorable Bench Ruling
Disability: Degenerative Disk Disease, Low IQ
Description: Claimant was a 52 year old male. The Claimant had degenerative disk disease and bulging lumbar disks at L3-4. There was mild stenosis at L4-5. Claimant had limited lumbosacral spine flexion and restricted straight leg raising while sitting. There was medical evidence that claimant had problems sitting and standing for prolonged periods. Claimant had a high school education and suffered from depression and there were indications of borderline intellectual functioning. The Administrative Law Judge ruled that the claimant met Vocational Rules under 201.14 as of the date he turned age 50. Claimant will receive back benefits for almost three years.


Case Conclusion Date: July 5, 2009
Practice Area: Social Security
Outcome: Favorable On the Record Ruling
Disability: Hodgkin's Lymphoma
Description: Claimant is of advanced age with past relevant work as a hospital security guard and as a farmer. Claimant suffers from Hodgkin's lymphoma and side effects from chemotherapy. Claimant was ruled disabled from May 30, 2008. Linder Law Office developed medical records and disability reports which demonstrated that the claimant was suffering from severe fatigue and inability to carry on normal activities of daily living and would be forced to perform work at below a sedentary level (if he could work at all). MW.


Case Conclusion Date: June 26, 2009
Practice Area: Social Security
Outcome: Favorable Ruling by Motion without a hearing
Disability: Cerebrovascular Disease, Hyperthyroidism, Seizure Disorder
Description: Claimant was a 60 year old male who had been involved in a motorcycle accident in December 2006. Claimant was employed at a newspaper mail room and had worked there for more than 15 years. He also had a history of cerebrovascular disease; hyperthyroidism; diabetes mellitus; hypercholesterolemia; seizure disorder; and hypertension. There were degenerative changes at C5-C6 indicating degenerative disk problems. The Bureau of Disability Determination Services returned claimant to medium work despite the reports of significant shoulder surgery. Linder Law Office wrote a Motion for an On the Record Ruling which was granted by the ALJ and which discounted the previous assessments of the claimants capabilities. Disability Onset date was December 30, 2006.


Case Conclusion Date: June 22, 2009
Practice Area: Social Security
Outcome: Successful on initial application
Disability: High Blood pressure, Asthma, Anxiety, Depression
Description: Claimant is a 60 year old veteran who suffers from high blood pressure; asthma; anxiety; depression; artery disease; pain in right wrist and arthritis; has had a partial removal of his colon.


Case Conclusion Date: June 15, 2009
Practice Area: Social Security
Outcome: Favorable win at Reconsideration level 9/30/08
Disability: Stage 3 Colon rectal Cancer
Description: Claimant was denied at the initial application level. Claimant was a 43 year old male who has stage 3 colon rectal cancer and it is in his lymph system. Now has a bladder control problem. Past relevant work was as a delivery driver and mechanic. Twelfth grade education. Onset of disability was determined as September 20th, 2008. His initial application for benefits was April 16th, 2009.


Case Conclusion Date: June 8, 2009
Practice Area: Social Security
Outcome: Favorable On the Record Decision
Disability: Epilepsy, Crohn's  Disease
Description: Claimant is a 37 year old female whose past relevant work was as a medical receptionist; deli worker and assembler. She had some college, but did not get a degree. The claimant has Epilepsy and Crohn's Disease. Linder Law Office submitted a request for a fully favorable decision based upon the medical evidence and the request was granted with an onset of November 29, 2007.The claimant could perform work at a sedentary level, but could not maintain employment due to frequent interruptions in her work due to seizures and Crohn's condition.


Case Conclusion Date: June 1, 2009
Practice Area: Social Security
Outcome: Favorable Bench decision
Disability: COPD, Asthma
Description: Claimant was a 54 year old male. Past relevant work included laundry attendant; delivery driver; and a Laborer/driller with he EPA. Claimant had significant gaps of unemployment and lack of insurance. The alleged disabilities were COPD and Asthma. The lung function capacity tests and other tests did not meet a listing requirement. The Claimant had over 8 Emergency Room visits for shortness of breath and swelling of limbs in 2008. The Illinois Bureau of Disability Determination stated claimant had no physical limitations; however, the treating source physician diagnosed the claimant with severe osteoporosis which degraded the functional capacity of the claimant. The ALJ ruled that the onset date was February of 2008 in accordance with the osteoporosis and in recognition of the severity of the COPD/Asthma.


Case Conclusion Date: May 12, 2009
Practice Area: Social Security
Outcome: Successful decision at the Reconsideration level
Disability: agoraphobia, anxiety
Description: Claimant was a 55 year old male with a 12th grade education. Claimant suffered from agoraphobia; anxiety disorder; panic attacks; sciatic nerve; gout; frostbite; acid reflux; and High Blood Pressure. Claimant was disabled as of 1/1/2008 due to the anxiety and depression.


Case Conclusion Date: April 22, 2009
Practice Area: Social Security
Outcome: Fully Favorable onset 3/15/2006
Disability: Asthma, Lumbar Disk Disease
Description: Claimant was a 43 year old female who had a 12th grade education. Past relevant work was as a care giver. The claimant had a history of asthma; left shoulder impingement status post left shoulder surgery; lumbar disk disease with radiculopathy status post discectomy chest pain; hypertension; obesity; carpel tunnel and left leg problems. The claimant had the residual functional capacity to perform light work but due to the combined effort of severe physical impairments and concomitant pain and problems with concentration was unable to sustain work activity on a full time basis.


Case Conclusion Date: April 21, 2009
Practice Area: Social Security
Outcome: Fully Favorable - disability to 11/29/2004
Disability: ADHD, Depression; anxiety
Description: Claimant was a 40 year old female who had previously worked as a cashier. A past decision was reopened due to new evidence being developed. Claimant suffered from ADHD; Depression; Anxiety; Behavior Disorder; arthritis; thyroid problems; and neck problems. Claimant had previously used cocaine and other illegal drugs. Linder Law Office developed evidence that an underlying childhood psychological problem that developed well before the substance addiction and showed that claimant has abstained from drug and alcohols usage for a significant time period. Linder Law Office gathered significant psychological and medical records which supported claimant's medical allegations.


Case Conclusion Date: April 5, 2009
Practice Area: Social Security
Outcome: Fully Favorable decision
Disability: Adjustment Disorder; Depression; Hypertension
Description: Claimant was a 51 year old female who had a high school diploma and whose date last insured was March 1987. Claimant was applying for Supplemental Security Income benefits. Claimant suffered from Adjustment Disorder with depressed mood; hypertension; learning impairments and depression. Prior past relevant work was as a beautician. Linder Law office got medical records from 1987-88 which supported claimant's allegations and established a long history of mental problems and her diagnosis was supported by her current therapist. The ALJ gave little weight to the State Agency psychologist consultant in that the medical evidence of record was consistent with the record as a whole. Claimant was disabled as of November 30, 2006.


Case Conclusion Date: March 22, 2009
Practice Area: Social Security
Outcome: Successful Remand on Appeal from the AC
Disability: Adjustment Disorder and depression
Description: Claimant and Linder Law Office appealed to the Appeals Council from an unfavorable hearing on June 27, 2008. Linder Law Office argued that the ALj's rejection of the treating source physician opinion was in error. The Appeals Council ruled that the ALj did not contain a complete evaluation of the treating source opinion of the claimant's physical limitation's or a rationale as to why the opinion was not accepted. The Appeals Council also ruled that the hypothetical posed to the Vocational Expert did not include consideration for the claimant's adjustment disorder and depressed mood.


Case Conclusion Date: March 22, 2009
Practice Area: Social Security
Outcome: Fully Favorable bench decision $23,000 back pay
Disability: Low IQ; Sleep Apnea, Coronary Heart Disease, Diabetes
Description: Claimant was a 47 year old male. The State Bureau of Disability Determination Services evaluated claimant for Adjustment disorder. A Consultative Examine was ordered and claimant had a 64 full scale IQ. Other ailments that the claimant had was Sleep Apnea; Coronary Heart Disease; 3 heart attacks; severe hypertension; diabetes; shortness of breath; obesity. DDS did not evaluate or take in consideration claimant's IQ. Claimant met listing 12.05. Linder Law Office prepared a pretrial memorandum arguing effective date of onset was August 12, 2001. Judge ruled favorably from the bench.


Case Conclusion Date: Not yet concluded
Practice Area: Social Security
Outcome: Case remanded back to the ALJ level
Disability:
Description: Claimant and Linder Law Office appealed from an unfavorable ALJ decision on June 27, 2008. Linder Law Office argued that the ALJ did not adequately give weight to the treating source opinion of the claimant's physical limitations or a good rationale as to why it was not accepted. The hypothetical also did not contain any restrictions based on clearly documented mental restrictions of adjustment disorder and depressed mood.


Case Conclusion Date: March 17, 2009
Practice Area: Social Security
Outcome: Fully favorable Decision onset 9/2/2005
Disability: Chiari- II Malformation; Spinal Bifida
Description: Claimant was a 50 year old male who was born with Spina Bifida and decided to return to work and had worked for several years. Claimant suffered from numbness and weakness in his hands and arms as a result of the surgery for his Chiari-II malformation. He also has been treated for depression and anxiety disorder and has diabetes. He has moderate pain and his primary physician supplied a very favorable Residual Function Capacity Questionnaire. Claimant has problems with gait and leg drags and cannot sit for prolonged periods. SSR 96-9p indicated that based upon the claimant's age, education, work experience, and residual functioning capacity that a finding of "disabled" is appropriate.


Case Conclusion Date: February 15, 2009
Practice Area: Social Security
Outcome: Fully favorable at initial level onset 4/15/2005
Disability: Myelopathy; Progressive joint imbalance
Description: Claimant was a 58 year old male who had a High School education and some college. He was employed as a gardener and suffered from Myelopathy; progressive gait imbalance and cervical cord injury. Had to walk with the use of a cane and uses furniture for stability at home. Linder Law Office assisted claimant with filing the claim and gathering medical evidence that fully supported claimants case and met listing 1.04. Claimant deemed disabled as of April 15, 2005 and awarded past benefits of $20,818 and monthly benefits of $1,292 from February 2009 onward.


Case Conclusion Date: January 21, 2009
Practice Area: Social Security
Outcome: Fully Favorable Bench Decision
Disability: PTSD
Description: Claimant was a 64 year old male whose past relevant work was as a waiter. Claimant had served in Vietnam and claimed Post Traumatic Stress Disorder. Claimant had multiple hospitalizations at VA and regular hospitals for anxiety; depression and had substance abuse problems. Linder Law Office submitted a Pre Trial Memorandum outlining the claimant's conditions and the Administrative Law Judge ruled from the bench that the claimant was entitled to benefits as of the date he turned 60 years of age. The claimant turned 60 in December of 2004, so a decision was made to award him benefits as of December 2004.


Case Conclusion Date: January 14, 2009
Practice Area: Social Security
Outcome: Favorable Decision at the Rec. $12,296 back benefits.
Disability: COPD
Description: Claimant was a 58 year old male whose past relevant work was as a wood floor finisher. He had Chronic Obstructive Pulmonary Disease and allergies. Linder Law Office submitted a request for a fully favorable reconsideration decision and gathered two Residual Functional Capacity Questionnaires from claimant's doctors. Claimant had a reduced lung capacity of 49%, His physicians limited him to walking less than 1 block; standing only 15 to 20 minutes; needing frequent breaks for fatigue; rarely lifting less than 10 lbs and missing more than 4 days per month. Onset of disability was October 2007.


Case Conclusion Date: January 8, 2009
Practice Area: Social Security
Outcome: Partially favorable - claimant received $33,800
Disability: Traumatic Brain Injury, Seizures
Description: Claimant had previously filed for Social Security benefits and been denied at the ALJ level and at the Appeals Council level. Claimant was not represented by Linder Law office at that hearing. Claimant alleged disability as of 10/31/2001 (prior to previous ALJ ruling) and alleged impairments were: History of head injury (Traumatic Brain Injury); history of left ankle fusion; diabetes mellitus; coronary artery disease; diabetes; obesity and depression. Judge ruled that the prior ruling prevented a finding of disability prior to 10/29/2005 because of the prior ruling. ALJ found that the Claimant became disabled on June 11, 2006 due to developing a series of seizures and his restrictive limitations due to the seizures.


Case Conclusion Date: January 8, 2009
Practice Area: Social Security
Outcome: Fully Favorable on the record decision
Disability: Coronary Artery Disease, COPD, Depression
Description: Claimant was a 45 year old male who was found to have the following medical severe impairments: coronary artery disease; peripheral vascular disease with claudication; chronic obstructive pulmonary disease; carotid artery stenosis; and depression. Linder Law office developed the medical records and submitted them to the Office of Disability Appeal & Review. Claimant was determined to be limited to sedentary work unable to stoop, crouch, crawl, kneel, or frequently bend; unable to sit without changing position frequently and without elevating his lower extremities; unable to concentrate and maintain attention and unable to sustain a full time work schedule without using excessive leave. The claimant was found to be disabled as of August 16, 2006.


Case Conclusion Date: December 28, 2008
Practice Area: Social Security
Outcome: Favorable Decision at the Reconsideration Level
Disability: Bipolar Disorder, Depression
Description: Claimant was a 39 year old male who had a past relevant work history as a general laborer and some college. He suffered from Bipolar Disorder and Depression and had some hospitalizations and was on Lovastatin; Depakote; Lisinop; and Lexapro. Claimant was originally denied at the Initial claim level but his claim was allowed at the reconsideration level with an onset date of January 1, 2008.


Case Conclusion Date: December 22, 2008
Practice Area: Social Security
Outcome: Favorable Decision at the Initial Claim Level
Disability: memory/mental loss
Description: Claimant was a 45 year old male who had mental/memory loss and physical problems in that his leg was broken and he could not stand for lengths of time. Claimant was awarded SSI as of December 2008.


Case Conclusion Date: November 5, 2008
Practice Area: Social Security
Outcome: Fully Favorable decision
Disability: Fibromyalgia, Arthritis
Description: Claimant was a 56 year old lady who had past relevant work experience as a bank teller. This work lasted the prior fifteen years. Claimant had fibromyalgia and arthritis. Linder Law Office sent a residual functional capacity questionnaire to her treating physician and the doctor noted that she had marked functional compromise is almost unable to dress herself. Physician limited her to lifting less than 10 lbs and would miss work more than three times per month because of her impairments and was not malingering. Claimant's transferability of skills was not relevant due to her age. Disabled as of August 3, 2006.


Case Conclusion Date: October 17, 2008
Practice Area: Social Security
Outcome: Successful Remand at ALJ level; Favorable decision
Disability: OCD
Description: Claimant had first hearing n July 31, 2007. Claimant's date last insured was December 1998. At the 2007 hearing, the ALJ determined that the claimant had one medically determined impairment in 1998 (gastric surgery). Claimant had been diagnosed by psychiatrist in 2003 with Obsessive Compulsive Disorder, major-depression. Linder Law Office filed an appeal with the Appeals Council and the Appeals Council agreed the ALJ erred and remanded the case for further proceedings. Medical evidence the ALJ failed to consider prior to 1998 was pancreatitis, peptic ulcer disease, chronic iron deficiency anemia, diplopia, herniated disk and numbness of the left 4th and 5th fingers. Linder Law Office gathered and submitted a child custody evaluation from claimant's divorce (1989) and solicited testimony from psychiatrist and the consultative medical expert that it would be medically impossible to determine that claimant's ailments did not or could not have been severe prior to onset. Collateral evidence and testimony indicated that claimant would not throw away garbage; could not maintain activities of daily living and social functioning; had repeated episodes of decomposition. The ALJ indicated that it was a two pronged question -- was the claimant disabled as of the 1998 DLI date and since the claimant did not file until February 27, 2004 was there reason to warrant not filing. ALJ found fully favorable for claimant after lengthy testimony and legal argument. Onset date of disability December 31, 1998.


Case Conclusion Date: September 17, 2008
Practice Area: Social Security
Outcome: Fully favorable decision - over $50,000 in benefit
Disability: Seizures, Depression, COPD, Diabetes
Description: Claimants past relevant work was as a coal miner; surveyor; and greeter at Wall Mart. Counsel argued that the surveyor's position occurred prior to 15 years ago and could not be considered as relevant under social security standards. Claimant had the following severe impairments: seizure disorder; depression; CAD; pulmonary disease; diabetes; disorders of the back and status post CVA. claimant had further limitations on mental disorders under 20 CF, Part 404, subpart P, Appendix 1. The ALJ disregarded the state agency medical opinions and gave controlling weight to the treating physician as it was more consistent with the medical record as a whole. The Administrative Law Judge ruled that the claimant was disabled since April 8, 2006 the date of the alleged onset.


Case Conclusion Date: September 2, 2008
Practice Area: Social Security
Outcome: Fully Favorable Outcome
Disability: Obesity, Arthritis, Epilepsy, Depression
Description: Claimant had the following severe impairments: Obesity; rheumatoid arthritis; epilepsy; restless leg syndrome; depression; restrictive airway disease. Claimant had moderate restrictions in daily living with restrictions of activities of daily living; moderate difficulties in maintaining social functioning; moderate difficulties in maintaining concentration; persistence or pace and no episodes. The additional nonexertional imitations of BMI and rheumatoid arthritis prevent claimant from performing even sedentary work. Onset date was June 15, 2007.


Case Conclusion Date: August 6, 2008
Practice Area: Social Security
Outcome:
$70,000 in back Social Security benefits awarded
Disability: Low IQ
Description: Claimant/Plaintiff only had a second grade education. Claimant was 62 years old and had been receiving SSI since 1992. Claimant had been shot and determined medically eligible for SSI. The Claimant applied for SSDI dating back to date last insured (DLI). Linder Law Office secured an IQ test demonstrating Claimant had an IQ of 56 and supported it with testimony of family members that claimant had to have assistance in all areas of daily living. The Administrative Law Judge ruled in the Claimants favor with an onset date of 1969. Application for SSDI was submitted to SSA in 2006.


Case Conclusion Date: March 28, 2008
Practice Area: Social Security
Outcome: Reversal of ALJ decision - four years back dating
Disability: Medical vocational Grid Ruling
Description: Claimant was 59 years of age on the alleged onset date. Administrative Law Judge issued a partially favorable decision establishing onset as of November 1, 2006. Linder Law Office appealed the ALJ decision in that the Vocational Expert testified that the claimant had transferable skills in the customer service and could work as a receptionist. Claimant previously worked as a cosmetologist and caregiver for the elderly. The Appeals Council was not similar to past relevant work and the ALJ was in error in considering work that was not past relevant work with no transferable skills. The Appeals Council reversed the ALJ decision of an onset date of November 1, 2006 and established a disability onset date of January 1, 2002.


Case Conclusion Date: Not yet concluded, Successful win on Remand
Practice Area: Social Security
Outcome: Successful remand to ALJ
Description: Plaintiff/Claimant was suffering from various mental and physical disorders. Previous law firm had held an ALJ hearing and lost. Claimant filed an appeal with the Appeals Council and got the case successfully remanded, but lost at a second hearing. Plaintiff/Claimant hired Linder Law office that reviewed the transcript and decision and appealed the decision on the basis that the ALJ returned the Claimant to past relevant work when the Plaintiff/Claimant was prescribed a cane and had problems with bilateral manual dexterity. The Appeals Council remanded and sent the Plaintiff/Claimant for an additional Consultative Exam. Plaintiff/Claimant was successful on third hearing and is now receiving Social Security benefits.


Case Conclusion Date: September 15, 2007
Practice Area: Social Security
Outcome: $50,000 back social security/Railroad Ret Board
Disability: Physical Injury & Mental Conditions
Description: Plaintiff/Claimant was a railroad conductor. Had previous work experience so Claimant had Social Security benefits as well as Railroad Retirement Board benefits. Claimant had back injury and was not able to perform full range of functions. Linder Law office arrange for a psychological evaluation which revealed a Global Assessment Functioning score of 35. Railroad Retirement Board adjudicator awarded disability and back benefits to claimant.


Case Conclusion Date: August 8, 2007
Practice Area: Social Security
Outcome: $50,000 in back Social Security benefits awarded
Disability: PTSD
Description: Plaintiff/Claimant was a Vietnam veteran suffering from PTSD and other problems. Social Security failed to secure Veteran's Administration records outlining claimant's disabilities. Linder Law Office secured VA records and submitted them to SSA. At the Administrative Law hearing, a licensed counselor from the VA testified supporting claimant's disabilities and handicaps. The Administrative Law Judge ruled in favor of the claimant dating the disability to the time of the VA treatment/records.


Case Conclusion Date: July 20, 2007
Practice Area: Social Security
Outcome: Successful claim for back benefits over $50,000
Disability: Depression, OCD, Parkinson's
Description: Client was 57 year old male suffering from Major recurring depression; obsessive compulsive disorder and Parkinson's disease. Claimant had been hospitalized at VA hospital for attempted suicide. SSA denied claimant after failing to precure records from VA. Claimant also had a DLI issue in that claimant was self employed and failed to have substantial earnings. Linder Law Office and their accountant amended prior three year tax returns to voluntarily pay into Social Security thus satisfying the DLI issue resulting in a successful claim.


Case Conclusion Date: April 27, 2007
Practice Area: Social Security
Outcome: Client won $2,000 per month benefits
Disability: Traverse Myelitis
Description: Claimant was a 54 year old nurse in a supervisory position suffering from Transverse Myelitis. Linder Law office successful compiled medical information and information regarding her conditions so that the claimant was successful on the initial application stage. Claimant had previously been denied but the time to reopen the case had expired.


Case Conclusion Date: February 23, 2005
Practice Area: Social Security
Outcome: Claimant won back benefits totally over $50,000
Disability: Back Injury, Colon Cancer, Vision Problems
Description: Claimant was a 62 year old computer programmer. DDS only collected information on his back injury in mid 1980's. Claimant had been treated for colon rectal cancer at Mayo clinic and had glaucoma surgery. Linder Law Office collected medical information and forwarded it on for Reconsideration level and then filed a Request for an Administrative Law Judge Hearing upon denial at Reconsideration level. Claimant had problems with irregular bowels and inability to perform at a sedentary level of work. Claim granted at an on the Record Request.


The listed cases are a sample of cases that Linder Law Office and Kevin Linder have dealt with successfully. It is not a comprehensive case listing, but should be used as a reference of the type of cases (and medical conditions) that Kevin Linder has successfully handled in the past. Every case is different and case development is very important to pursue a successful Social Security Disability Case

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