The Injury Board Commentary - Spinal Cord Injuries

Treating Doctors' Opinions' Weight in Social Security Disability Cases

Doug Landau — Mon, 13 Feb 2012 06:28:00 GMT

In many disability claims brought before the Social Security Administration, the treating physicians' records are reviewed along with the reports from medical doctors hired by the Federal Government. These medical examiners and records reviewers retained by the government often support a denial of the disabled worker's claim. According to Loudoun County Social Security disability lawyer Doug Landau, the treating doctors' opinion are supposed to be given more weight than a one-time examiner or medical records reviewer, neither of whom have ever spoken with any of the health care providers who have actually cared for the disabled claimant. A recent Washington DC Social Security Disability case illustrates how the Federal Administrative Law Judge ("ALJ") is supposed to weigh the medical evidence in these claims. The ALJ rejected the opinion of the claimant's treating doctor that his patient could not sit more than 4 hours in an 8 hour day (which would eliminate the ability to do most sedentary work). Under the the treating physician rule, if an ALJ does not give a treating doctor's opinion controlling weight, the judge must always provide a good reason for the weight given.

In Jones v. Astrue,* the DC Federal Circuit Court of Appeals held that,

"Because the ALJ failed to explain his reason for rejecting [the treating doctor's] opinion regarding Jones ability to sit, his decision cannot survive review. On remand, the ALJ is instructed to explain what weight he attaches to the treating physician's conclusions. If he gives the opinion no weight, he must explain his reason for doing so."

The decision denying Social Security benefits was reversed and the case was remanded for consideration of new and material evidence. Adds lawyer Landau, when a Federal disability judge fails to give the proper weight to a long-time treating or family doctor's opinions, and does not have a good reason for doing so, the Appeals Court should reverse the decision and, as happened here, send the case back so that the evidence can be properly weighed. If you or someone you know or care for has become disabled and there are questions about Social Security Disability, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

*Jones vs. Astrue, 647 F.#rd 350 (D.C.Cir., 2011)

Originally posted at InjuryBoard by Doug Landau

Social Security Disability case won BEFORE Hearing !

Doug Landau — Fri, 27 Jan 2012 05:50:00 GMT

Our Herndon Reston area disablity law firm receives thanks from grateful clients and their families whoses trial we have won. However, there are times when we are able to win Social Security Disability cases before going before the Federal Administrative Law Judge. All of the ABRAMS LANDAU clients who get to this stage have been denied their disability benefits twice already by the Federal Government. What grates Northern Virginia Social Security lawyer Landau is that no one is being sued, the clients are not claiming that someone has been negligent, and they are simply seeking the money that was taken out of their pay checks earlier than retirement age because of their disability from work!

That is why is was heartwarming to receive the following note, sent to Sterling Virginia Social Security Disability case manager Dianna Meredith of ABRAMS LANDAU, Ltd.:

Hi Dianna,

I wanted to take this time to thank you from the bottom of my heart. I still can't believe it! And, I know my approval is due to your persistence and ongoing efforts supporting my disability case. You are truly a "GEM" !!!!

Warm regards, RLP

If you or someone you know or care for is disabled from work and is seeking Social Security Disability benefits, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once. While we cannot guarantee that you will not have to go to court and appear before an Administrative Law Judge, we prepare every case thoroughly, and have a unique approach to preparation that includes the only law firm in the country that publishes its calendar online and proudly asks clients and their families and witnesses to come "see us in action" so that they can be prepared for their "day in court."

Originally posted at InjuryBoard by Doug Landau

Start with Snowmobiling Safety

Mike Bryant — Mon, 05 Dec 2011 09:24:00 GMT

It's not unusual that we see snowmobiling injuries in the office. They are usually people running into objects, such as posts, fences or lines, in the right away of snow trails or people being hit by out of control snowmobiles. We also see those riders that are hit by vehicles. In 2008 nine people died from snowmobile accidents, and four of those crashes involved alcohol.

In order to prevent more of those types of injuries, I pass on the DNR's safety tips :

1) Keep in mind that the maximum speed limit is 50 mph.

2) Don't Drink and ride.

3) Residents born after Dec. 31, 1976 need a valid snowmobile safety certificate.

4) Check the ice at least every 150 feet, especially early in the season or any situation where the thickness varies widely.

5) Slow down, especially at night, over-riding your headlight is another major cause of accidents.

6) Stay off the roadway, shoulder, and slope of state and county highways.

7) Come to a complete stop and look both ways before crossing a public roadway.

8) Never ride alone.

For a copy of DNR’s 2009-2010 Minnesota Snowmobile Safety Laws, Rules and Regulations handbook,visit the DNR Web site: www.dnr.state.mn.us or call 800-366-8917.

If you are in a snowmobile accident , it's important that you get medical help right away. Snowmobile operators who are involved in an accident resulting in medical attention, hospitalization, death, or damage exceeding $500 must file a written report with the DNR.If the operator is unable to file a report, any peace officer investigating the accident can do so within 10 business days.

If you have questions, contact an experienced Personal Injury lawyer who has dealt with these type of cases. As always, make sure you talk to someone knowledgeable before you sign off on a claim or give away the rights of your children.

Originally posted at InjuryBoard by Mike Bryant

What wheel chair cushions are top rated for pressure sore relief?

Wayne Parsons — Sat, 27 Aug 2011 05:15:26 GMT

For individuals who have suffered spinal cord injuries, pressure ulcers caused from wheelchair use are a serious concern during rehabilitation and are the most common long-term secondary medical complication for spinal cord injury patients. That’s why a study conducted in 2001 by researchers at the University of Florida Department of Occupational Therapy deserves attention.

The study examines how wheelchair design—and more specifically, wheelchair cushion design—helps to mange and prevent this type of complication. Because almost all wheelchairs are marketed as “the best” for pressure reduction, the researchers wanted to provide useful information to occupational therapists that would help them distinguish between wheelchairs that were actually effective at doing this versus those that were not.

This particular study focused on a single patient, with the hypothesis being that the Roho cushion, as compared to Jay or gel cushions and Pindot or polyurethane foam cushions, would provide the most pressure relief. The researchers used a computer pressure-mapping pad called Xsensor to determine and measure the patient’s pressure points on each of the three different types of cushions during the course of the study. The study concluded that the Roho cushion was in fact the most effective in relieving pressure on the seating surface for the patient who participated in the study, a conclusion that aligns with other research on the same question.

The study is purposefully not empirical. That is, the researchers note from the outset that prescribing an appropriate wheelchair cushion requires an occupational therapist to evaluate each individual separately—there is no “one size fits all” approach to preventing pressure ulcers. Instead, the study offers a methodology for therapists to use in order to prescribe the best cushion for each patient and to monitor its effectiveness over time.

This type of one-on-one treatment and the use of technology to measure pressure points with different cushions could go a long way to helping spinal cord injury patients manage the complications associated with their condition.

Originally posted at InjuryBoard by Wayne Parsons

Spinal Injuries in Summer Months

Diego Madrigal — Tue, 09 Aug 2011 12:02:57 GMT

An interesting article, written mainly for the benefit of spinal surgeons, sheds some light on trends in Spinal cord injuries, specifically during the summer months. Some of the more interesting tidbits are that patients' viisits to the doctor for chronic spinal injuries decrease. Professionals attribute this to patients wanting to remain active in summer months and then undergo elective treatment during the winter. However, medical professionals point out this can be counter productive because as patients hold out for longer, they can actually develop serious conditions that may require surgery.

Another trend that doctors have confronted is the increased number of incidents of trauma during the summer. This also makes sense, since people tend to participate in more physcial activity during warmer months, and more particpation leads to more injuries.

These are all things to consider if injured this summer. It's better to deal with the injury right away rather than delay and make it worse. The medical community is informing its members to be prepared for these trends.

Originally posted at InjuryBoard by Diego Madrigal

Car crash victim wins Social Security Disability case

Doug Landau — Sat, 09 Jul 2011 19:40:41 GMT

An unhappy client is not a good thing. So, when a woman disabled by spinal stenosis after a terrible car crash came to the Landau Law Shop to help with her Social Security Disability claim, we had our work cut out for us. This widowed mother of 2 was unhappy because the lawyer she had hoped would help her with her car crash case settled the case for an amount that did not come close to compensating her for all the harms and losses she sustained. This lawyer, who advertises heavily, did not take the case to trial, and this woman's condition deteriorated. She was very disappointed with the Fairfax personal injury lawyer who took her car crash case. A good lawyer will meet with you, answer all of your questions, review your evidence, show you how the case will proceed, prepare you for court and even have you watch other Hearings and read similar case decisions so that you will be ready for your "day in court." However, when she came to meet with Doug Landau at the Herndon law firm ABRAMS LANDAU, Ltd., she saw that we cared about her, would fully prepare her case for court, and make sure that her questions were answered. Lawyer Landau met with the disabled woman and her family, prepared them for the Federal judge's questions, and filed a brief with the court in advance of her Hearing. After her testimony, the Administrative Law Judge indicated that he would not need to hear her son's testimony, as he was prepared to issue a "fully favorable" opinion. When Landau and this happy family went down from the DC Social Security Hearing Office to their cars, he collected hugs and knew that her faith had been restored in the legal profession. If we can help you or someone you care for in their time of need, with a disability, personal injury, occupational disease and/or workers compensation on the job accident matter, please e-mail us or call us at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

Drunk Driving : Real Life Story

Mike Bryant — Sat, 25 Jun 2011 09:17:00 GMT

The Minneapolis Tribune had a sad but true follow up on a recent DUI sentencing. The story looked at the two people involved. The Driver:

Kristin Kealy, a single mother who had a clean driving and criminal record, drove drunk on a Coon Rapids road at a speed police say reached 90 miles per hour last August

Kellie Stein the person injured:

Paralyzed from the neck down, Stein left the hospital Thursday for the first extended trip since the accident to tell an Anoka County judge how Kealy shattered her happy life.

The point of the story was how Kealy will get 1 year in jail and Stein will spent the rest of her life paying for what was done. How Kealy was .24 after being at Biff's bar in Spring Lake Park and Stein had been a regular person who enjoyed " fly fishing, gardening, painting, landscape designing. She has a bachelor's degree in psychology and criminal justice and had plans to continue her studies."

The Victim Impact statement included:

"I just lie in a hospital watching television," she said. "I consider myself an artist, but I can't even write my own name."

What a tragic example of all of those that are affected with drunk driving. It is a bad choice and it has life changing consequences. Kealy should not have been out on that road that night and Stein should still be enjoying her regular life. She's alive, so there is always hope for her, but what a penalty to pay for someone else's tragic actions.

These stories need to be told. I applaud the Tribune for the follow up. I also hope that Ms. Stein's message gets across to all of those that need to hear it.

Recent research indicates that deaths involving motor vehicles are down in Minnesota, but deaths linked to drinking and driving have remained to high. The rules are simple and must always be followed:

Don't Drink and Drive
Use designated drivers
Always remember that the more you drink, the more your odds of making bad choices increase.

Originally posted at InjuryBoard by Mike Bryant

Improper Supervision and Set Up of Bounce Houses Result in Serious Injuries

Shapiro, Lewis & Appleton — Thu, 09 Jun 2011 19:01:55 GMT

Bounce houses in Virginia look like fun when they are shaped like castles and ships, but accidents involving the inflatables have resulted in serious injuries and death all over the United States.

In June 2010, a breezy afternoon in Long Island, NY sent three bounce houses aloft, seriously injuring a woman and hurting 12 others. Thirteen people ended up at the hospital, with bumps and bruises. One woman, age 36, of Oceanside, New York (NY), suffered head and spinal injuries when the slide landed on her.
In 2009, an 11-year-old boy suffered bruises after a gust of wind tossed a slide about 70 yards at a church festival near Cincinnati, Ohio (OH).
A Pennsylvania (PA) man was killed in June 2010 after an inflatable slide collapsed and pinned him.
A boy, age 5, was killed in March 2010 when he fell off an inflatable and landed on a concrete floor in Wichita, Kansas (KS).
Children were blown in a bounce house across three lanes of traffic near Tucson, Rizona (AZ), in April 2011.

It is not the bounce houses that cause injuries, but the way they are set up and supervised, according to The Associated Press. Not all amusement operators are trained on securing inflatables. Some only have insurance, and most follow no guidelines.

A Consumer Product Safety Commission report released in 2005 linked the popularity of inflatables with an increasing number of injuries at emergency rooms from 1997 to 2004. The agency identified an estimated 1,300 injuries in 1997 and 4,900 in 2004. The National Association of Amusement Ride Safety Officials noted the rides were not suppose to float away if they were properly installed with stakes securely anchored in the ground.

Suffering serious injuries from a VA accident is a life-altering change that may require the assistance of Virginia personal injury attorneys against the responsible parties to get justice for losses.

To learn more about how VA personal injury lawyers can help in a serious injuries recovery, and what to do if you or a loved one is hurt in an accident, check out our Frequently Asked Questions devoted to the subject.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Shapiro, Lewis & Appleton

Summer Safety – Part 3: Swimming

Millie Suk — Thu, 09 Jun 2011 16:48:34 GMT

On a hot summer day, there’s no better way to cool off than by taking a dip in a pool or spending the afternoon at a lake. But a day full of sunshine and splashing around can quickly turn tragic if you aren’t careful.

Each year approximately 6,000 people drown in the U.S. The second leading cause of accidental death among individuals aged 5 to 24 years of age is drowning. I don’t cite these sad statistics in an effort to deter you from enjoying the water; rather, I merely hope that you will remember some of these basic safety tips so that you and those around you can have a safer and more enjoyable time in the water.

Always swim with a partner. Whether you’re in a pool or open water, even the most skilled swimmers can grow tired or get a muscle cramp. If you can’t find someone to jump in the water with you, at least make sure that someone on shore or the pool deck knows you’re out there.

Know your limits. If you don’t know how to swim or are just learning, make sure you are in water that is shallow enough for you to touch the bottom. Consider a life jacket or other flotation device. If you are in open water, remember when swimming out that you have to get back!

Avoid alcohol. It impedes your judgment and your coordination. Alcohol is involved in approximately ½ of adolescent and adult deaths associated with water recreation.

Swim in designated areas. This is most important in rivers and lakes, as there are often boats and other watercrafts in the water. If you are outside of the designated area, boaters won’t be looking for you.

Never dive into unknown waters. If in a pool, pay attention to the signs indicating which areas are safe to dive in. The American Red Cross recommends a depth of at least 9 feet before diving or jumping in. If you are swimming in a lake or other open water, it is best to never dive head-first even if you think it’s deep enough – there may be a sandbar or other object that’s not readily apparent from the surface.

Know and obey colored beach flags. If there is a colored flag flapping in the wind at the beach and you don’t know what it means…ASK! The various colors are there to warn you of different dangers.

Wear sunscreen. And/or other protective clothing. Apply sunscreen 20-30 minutes before going out into the sun. Make sure it is water-proof. Reapply throughout the day.

For more tips, check out my previous posts on hiking and camping safety. As always, feel free to comment and add some of your basic swimming safety advice! Cool off in a nice body of water this summer and remember to swim safely!

Think about it.

Originally posted at InjuryBoard by Millie Suk

"Team Injury Board" to run in support of the Challenged Athletes

Doug Landau — Mon, 16 May 2011 22:08:58 GMT

In addition to working together to help injured victims during their upcoming annual meeting, Injury Board lawyers are teaming up to support a worthy cause at this weekend's Winter's Family Beach Fest in Clearwater, Florida. The charity the Injury Board attorneys will be supporting is the Challenged Athletes Foundation (CAF). The CAF's mission is to provide opportunities and support to people with physical disabilities so they can pursue active lifestyles through physical fitness and competitive athletics. I have always held, and the CAF agrees, that involvement in sports at any level increases self-esteem, encourages independence and enhances quality of life. CAF's laudable mission is to provide opportunities and support to people with physical disabilities so they can pursue active lifestyles through physical fitness and competitive athletics.

Team Injury Board members will race in the 5km or 15K runs sponsored by the Clearwater Marine Aquarium in support of the Challenged Athletes Foundation (CAF). The CAF recognizes the athletic greatness inherent in all people with physical challenges and supports their athletic endeavors by providing unparalleled sports opportunities that lead to success in sports — and in life. Stay tuned - lawyers active in the courtroom, advocating for innocent victims and active on the roads and in competition are a rare breed.

Originally posted at InjuryBoard by Doug Landau