Disability Attorney Daniel Messenger
A few of Mr. Messenger’s disability cases.
Daniel helps those who have been denied both Social Security and private Long-Term disability benefits. His experience, case preparation and knowledge of disability law enable him to be highly successful in winning claims at the hearing level. Clients find Daniel caring and easy to talk to, he understands how hard it can be being disabled and having to navigate the legal system that seems to be stacked against you. Put Daniel in charge of your claim and let him take the worry out of the process for you.
SSDI Radiculopathy, Chronic Pain Syndrome and Obesity Claim
We had a client from the Panhandle of Texas who suffered from disorders of the cervical spine,
extremity radiculopathy, chronic pain syndrome, degenerative joint disease, obesity, and hypertension.
The initial disability claim was denied; the SSA stating the claimant does not have an impairment or combination of impairments that meets or equals the severity of a listed impairment, and that the claimant can perform light work. Upon reconsideration, they found the claimant’s physical impairments to be non-severe once again. Our attorney Daniel Messenger gathered and presented medical evidence to prove the claimant is limited to light exertion work with a low maximum lifting amount. Our client’s limitations included ongoing issues involving degeneration of the cervical spine along with degenerative joint disease of the right upper and right lower extremities, compounded by morbid obesity and chronic pain syndrome.
At the disability hearing it was determined that the claimant was unable to perform any past relevant work, was declared disabled and awarded full disability benefits.
SSDI Peripheral Neuropathy Claim
A man from the Rio Grande Valley of Texas had applied for disability benefits for peripheral polyneuropathy, diabetes mellitus, and obesity.
The Social Security Administration in their original assessment had declined him benefits; stating that the claimant did not have an impairment that meets the severity of one of the listed impairments and that the claimant had the residual functional capacity to perform sedentary work. They stated that the claimant could occasionally lift and carry 50 pounds, and frequently lift and carry 25 pounds. They found that the claimant could stand and walk for a total of about six hours in an eight-hour workday, and sit for about six hours in a workday and did not find any postural, manipulative, or environmental limitations.
Our attorney Daniel Messenger represented the client at his disability hearing. Occasionally lifting and carrying 50 pounds and frequently lifting and carrying 25 pounds are actually the exertional criteria for medium work. Daniel presented current medical evidence to prove that the client, due to his polyneuropathy and other neuropathy, in conjunction with his obesity, support a limitation to no more than sedentary work. We proved that the claimant’s ailments support a limitation that is more restrictive than that proposed by the original assessment.
In the hearing it was determined that the demands of the claimant’s past relevant work exceeded his residual functional capacity, which limits him to no more than sedentary exertion. The claimant’s acquired job skills were found to not transfer to other occupations given his limitations.
Consequently, the judge ruled that considering the claimant’s age, education, work experience, and residual functional capacity, there were no jobs that exist in significant numbers that the claimant could perform and he was awarded full disability benefits.
SSDI Migraine Headaches Claim
A client suffering from migraines headaches from the Central Texas area applied for disability benefits and was initially denied. She hired us to represent her at her disability hearing.
Initially the SSA found that the claimant did not have an impairment that meets or medically equals the severity of one of the listed impairments. The claimant was determined to have the residual functional capacity to engage in sedentary work, with the ability to occasionally lift or carry 10 pounds. Additionally, they can stand and walk for a total of 2 hours during an 8-hour work day, while being able to sit for a total of 6 hours during the same period. The client was said to have psychological limitations such that they can understand, remember, and carry out routine instructions and interact occasionally with the public.
Attorney Daniel Messenger presented significant medical documentation to demonstrate the extent of his client’s limitations. He proved that the claimant was more limited than the SSA previously assessed, and unable to sustain competitive work on a regular and continuing basis. Mr. Messenger proved that the claimant’s migraine symptoms negatively impaired her functioning and that the claimant was not able to hold any employment that requires reading of printed or digital text, presence in a nosy or bright environment, operation of a vehicle or other machinery, or manual labor.
According to the testimony of the vocational expert, the claimant would experience excessive off-task behavior and frequent absences, making it difficult for them to sustain employment in a competitive job.
The judge found that claimant’s acquired job skills do not transfer to other occupations within the
residual functional capacity defined, and considering the claimant’s age, education, work experience, and residual functional capacity, there were no jobs that exist in significant numbers in the national economy that the claimant could perform.
The judge ruled that a finding of “disabled” was appropriate and the client was awarded full disability benefits.
At The Texas Disability law firm Bemis Roach & Reed, our attorneys are committed to helping injured or disabled clients receive the benefits they deserve. Mr. Lonnie Roach is AV Preeminent and SuperLawyers rated and has become a recognized leader in the field of Long Term Disability law. Mr. Bemis focuses his practice on Social Security disability while Mr. Reed handles both LTD and SSDI claims. Both are AV Preeminent and SuperLawyers rated. Mr. Daniel Messenger and Mr. Jake Roach handle both LTD and SSDI cases and have been highly successful at winning disability claims for their clients earning high praise for their efforts in both client and peer reviews. All our attorneys have been successfully helping people fight for their rights against big insurance companies and the government since 1993. If you have applied for benefits and been denied call 512-454-4000 for a free consultation and get help NOW.
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