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Case Summaries

Osterhout Berger Disability Law > Case Summaries (Page 2)

OBL On Fire: A Month FULL of Wins!

OBL has a strong track record of monthly favorable decisions outnumbering unfavorable decisions.  For 2019 we have been successful at an average rate of over 66%.  June was an especially amazing month of wins with almost 30 decisions being received and over 70% of those decisions being favorable for our clients. As many who are familiar with the Social Security Disability process know, it's becoming more difficult to be successful in a disability claim over the last several years.  In response, OBL has worked hard to meet those challenges by developing the argument of your case earlier in the process...

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Case Update: Another Reversal With Award of Benefits – Karl’s Hot Streak Continues!

I recently went 32 straight hands at blackjack without losing (ok, there were several pushes, and two times when I luckily bought insurance against the dealer having blackjack); I may never have run like that again. I also may never have another run again of reversals with award of benefits in Social Security federal court appeals like I’m having now. You may have noticed I recently posted two items regarding other cases where I had been able to obtain this rare result. And, now I get to report it AGAIN! In this case, my client, who was over 60 years old at...

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Following an appeal by Osterhout Berger Disability Law The Hartford overturns its denial of Own Occupation benefits to a highly-skilled Project Director.

Our client, a professional in the construction field, was awarded benefits in 2016 due to severe and constant back pain. Despite very little change in his condition The Hartford terminated his benefits in April 2018 after determining that he could return to his own occupation. The claimant retained Osterhout Berger and we agreed to represent him on a contingent basis, accepting a fee only if we were successful in having his benefits reinstated. We immediately ordered the claim file and obtained an Independent Medical Examination from a well-qualified physician. We also updated medical opinion evidence from our client’s treating physician. Our...

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OBL Applauds AALJ Statement Regarding Hearing Scheduling

The Association of Administrative Law Judges (AALJ) is the professional association that 80% or more of Social Security ALJs belong to, and carries as part of its mission statement a commitment to the "independent and honorable administrative judiciary as indispensable to justice in our society." In the President’s Newsletter dated November 16, 2018, the AALJ responded to a new regulation proposed by SSA to give sole discretion in how hearings are scheduled (in person or by video) to the Agency, thereby taking away the claimant's ability to opt for an in-person hearing with the ALJ who is going to decide...

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Pennsylvania Reinstates General Assistance Program

OBL is delighted to forward the following message from Richard Weishaupt, the Director of Community Legal Services in Philadelphia: It is with great thanks that I can say that Pennsylvania has reinstated the General Assistance program.  As you may recall, the Pennsylvania Supreme Court unanimously held that Act 80, which eliminated the GA program, had been enacted in a manner that violated the Pennsylvania Constitution.  It has taken several months for the state to revise their computer programs and retrain their staff, but they have been accepting applications while they were reprogramming.  Finally, eligible Pennsylvanians began getting benefits today, just in...

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Osterhout Berger Disability Law Files Brief Before the Supreme Court

In Biestek v. Berryhill the Supreme Court will consider whether a Social Security judge erred when she failed to require the vocational expert to produce evidence that, in part, formed the basis for her testimony that there were a significant number of jobs the claimant could perform despite his limitations. Specifically, when asked on cross-examination by the claimant’s representative (we did not represent this claimant at his hearing) to explain the basis for her opinion that there were a significant number of jobs the claimant could perform, the vocational expert explained that she based her opinion on a combination of...

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Cigna Awards Benefits after Osterhout Berger Disability Law File a Lawsuit in Federal Court

Our client, a Patient Services Representative, was forced to stop working in 2016 because of medical conditions to include fibromyalgia, chronic fatigue syndrome, neuropathy, lumbar radiculopathy, and rheumatoid arthritis. She filed a claim with Cigna for Long Term disability benefits and was denied these benefits in early 2017. The former Patient Services Representative then hired Osterhout Berger Disability Law and following a review of Cigna’s claim file, Attorney Berger obtained medical treatment records and medical opinions from our client’s treating doctors revealing the severity of her impairments. Attorney Berger filed an appeal but Cigna failed to issue a decision in a timely...

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Software Engineer’s Long Term Disability Benefits Reinstated by The Standard

Our client, a Software Engineer, began receiving long term disability benefits in 2015 because of difficulties with his back. In October 2017 his long term benefits were terminated after The Standard determined that he could return to his own occupation. The former Software Engineer immediately contacted Osterhout Berger Disability Law. Following a review of the claim file Attorney Berger noted that The Standard failed to adequately evaluate all of our client’s physical and mental difficulties and obtained detailed statements from his treating physicians as to the severity of his medical problems and the limitations they caused. Following the submission of an appeal,...

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Paralegal whose LTD claim was denied by Hartford gets Approved after Appeal filed by Osterhout and Berger

A paralegal was forced to stop working in June 2016 as a result of a traumatic brain injury, cognitive impairments, and neck, hip and knee pain. She applied for Long Term disability benefits from Hartford but was denied because it was determined that she was never disabled and could perform her own occupation. The former paralegal retained Osterhout Berger and we agreed to represent her on a contingent basis. We immediately order the claim file and after a review noted that it failed to contain evidence from numerous physicians and an inadequate evaluation of our client’s functional limitations. We obtained medical...

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