Cerebral Vascular Accident Case Argument for Social Security Disability Income Determination
I evaluated the following case study from Medical, Psychosocial and Vocational Aspects of Disabilities the fourth edition, Brodwin, Siu, Howard, Brodwin, & Du (2014) and presented a case argument including a vocational argument in favor of La Shaun Jackson’s award for Social Security Disability Income (SSDI).
“La Shaun Jackson is a 59-year old African American widow with an adopted 15-year old boy who has a record of substance abuse and juvenile delinquency. She has worked as a Claims Processor for the Internal Revenue Service (IRS) in Fresno, California for over five years. Prior to returning to school to earn her Associates of Arts Degree in accounting,
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The review of her residual functional capacity along with her vocational profile exhibits that she is a candidate for Social Security Disability (SSDI). The multiple effects of the hemorrhagic CVA including her current cognitive functioning at an 80 percent level in combination with La Shaun being a person of advanced age according to the Social Security regulations demonstrate that she would be unable to learn a new position. Over six years ago La Shaun was awarded an Associate in Arts degree and her work history consist of semiskilled work in a sedentary setting. La Shaun’s current position as an IRS Claims Processor requires multitasking in a fast-paced environment with the ability to communicate clearly on the phone and in person. La Shaun would not be able to execute the required tasks required by her employer as La Shaun’s ability to communicate has been severely impacted as her dominant side has hemiplegia and her speech is slurred as a result of the stroke. La Shaun would also be required to work in a stressful environment as she is expected to communicate with customers about problems with their claims and she is only released to work in a non-stressful environment. La Shaun lacks emotional support her husband passed and she is the sole caretaker for her adopted 15-year-old son who suffers from drugs and juvenile delinquency. away and her physical condition deteriorated before the stroke she suffered from hypertension and chorionic headaches since she was 46 years old and struggled with obesity her entire life with her weight steadily increasing her entire life. successfully fulfilled working credits. After 8 months, she is not a full capacity and will remain permanently disabled for longer than 12
Mary L Walsh is a 84 y.o. female who presented on 5/6/2017 with chief complaint of back pain and leg pain after a fall. Mary was tearful and reported feeling sad. Mary reported she was in significant pain and requested I asked her nurse for more pain medication. Mary reported she fell at home on Saturday but did not tell anyone until her son David came to the home later that day. Mary reported "I am just getting old and having lots of problems".
In Higgins-Williams v. Sutter Med. Found. the question of whether or not an employee’s inability to work with a specific supervisor qualified as a “disability” was put to the test in court. Michaelin Higgins-Wiggins was a clinical assistant in Sutter’s Shared Services Department. She reported to her physician that she was experiencing stress as a result of her involvement with both her direct supervisor and the human resources department on the job.
As you know, we previously have taken the testimony of the claimant and a lay witness for the employer. We do not have an IME in this case but we are taking the testimony of the attending surgeon, Dr. Noce. Dr. Noce testified today that he was familiar with the claimant. He said he first saw the claimant at St. Peter’s emergency room just prior
I attended a hearing on your behalf in the above-referenced matter before Judge O’Connor in New Windsor, New York on 07/19/2017. The claimant was present and was represented by attorney Nancy Flaherty. As you know, this case has previously been established for an injury to the head. Prima facie medical evidence has been found for the neck and post-traumatic syndrome.
In 1964, she moved to the United States. While working she developed a bad back injury and also developed hypertension (High Blood Pressure) from moving a laundry truck. (Court, 1983) Ms. Campbell applied for disability benefits in 1979 due to the nature of of her illness/injury. While the process was being reviewed it was determined that she would be denied her ability to seek benefits by the state agency Health and Human Services (HHS) to which Margaret H. Heckler was the Secretary, to which she then requested a hearing by an ALJ.
Everyday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
In this case, Brunner failed to persuade the ALJ that her disability was the natural and proximate result of her fall on December 10, 2003. The ALJ was free to find Draper’s opinions more credible than Fanchetti’s “conclusory” assessment. Draper’s testimony that Brunner’s disability was the result of preexisting degenerative disc disease constitutes substantial evidence supporting the ALJ’s finding. Moreover, Draper’s testimony was supported by medical records originating before the alleged fall.
Ontario (Disability Support Program) v. Tranchemontagne, 2010 ONCA 593: Case analysis Introduction In a unanimous and significant ruling on a human rights issue, in 2010 the Court of Appeal for Ontario has held that denying disability benefits to those who are severely disabled by alcoholism or drug addiction is discriminatory and violated the Ontario Human Rights Code. The Court of Appeal affirmed a Divisional Court ruling that the prohibition of benefits to those disabled due to addiction according to the Ontario Disability Support Program Act, is a case of discriminatory legislation1. According to the Court of Appeal the respondent or Director of Disability Support Program was needed to show that the distinction between the disabled did
The people with disabilities that would want to apply for a specific job would have to show that in the job their disability would ultimately slow down or cause an extreme downfall in the business in order to not be considered at least to obtain the job. However, afterwards every employee with or without disabilities will have to go through an entrance exam once they have already been moved to the maybe pile. The act will disapprove of the employer to ask questions on the disability unless and only unless their disability might pose as a future downfall in the business. For the sum of the hiring process this will not interfere if the company
Of the 919,500 disability applicants who had served in the military after the Sept. 11, 2001, terror attacks, eight hundred forty five thousand or nearly ninety two percent received compensation. When Dr. Gilbert’s office increased the number of VA examinations conducted each week as the caseload rose, he said he worked weekends to keep up without compromising quality. After taking early retirement three years ago, he said associates in the field have told him the problem has only
In April 2016, Oregon and the physicians it employs within its Department of Corrections were sued for medical malpractice when an inmate’s unchecked kidney stone caused an abscess and ultimate removal of her kidney which occurred in 2013 and 2014. (Peterson, 2016) In 2015, an inmate was awarded almost $16 million in damages due to paralysis. In November 2006 the physician employed by the state facility failed to recognized the severity of the inmate’s spinal injuries and send him for the proper neurological evaluation and treatment.
Campers Discount Warehouse: The Discount Warehouse duty to act with reasonable care was breached because they cooking stoves where not placed properly, which resulted in it falling on Laura. If the Discount Warehouse were more cautious on how they stack there merchandise Laura would have suffered no harm. Since the Warehouse was negligent, it resulted in Laura having a loss of consortium, meaning physical intimacy, loss of enjoyment of life, wage/income. Also Laura has the costs of medical expenses, living with the disability, and mental distress. Laura v. Hospital: I would advise Laura to sue the hospital for negligence, and damages since she lost her valuable engagement gifts (necklace and ring).
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Society from time immemorial has struggled with how to integrate those persons born with intellectual and developmental disabilities. Often lumped in with those that could be defined as mentally ill, one of the most prevalent solutions for dealing with both categories of people was shutting them away from society, or in other words, permanent or semi-permanent treatment in a mental institution. However, beginning in the mid twentieth century, a new trend entitled ‘deinstitutionalization’ began transitioning the care of thousands of intellectually and developmentally disabled persons out of institutions and into community care programs. Ultimately, this trend has managed to successfully integrate thousands of intellectually and developmentally disabled persons back into society and make a marked improvements on their quality of life. Although, work to integrate this community back into society is far from over.
Disabled people who do manage to make their way into the work force tend to encounter numerous disadvantages such as advancement and on average earn around one quarter of the income of their able bodied counterparts (Barnes, Mercer & Shakespeare 1999, p.110). In addition, the majority of well paid, high skilled, and rewarding positions are commonly taken by non-disabled people (Barnes, Mercer & Shakespeare 1999, p.111). It is possible that employers are not interested or unmotivated to make possible changes or allowance for physically disabled people within their organization