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Mobile Social Security Disability Law Blog

Testosterone & Low-T Injuries

The Federal Food and Drug Administration have approved several testosterone therapy medications for men that have been diagnosed with hypogonadism, a medical condition where the body fails to produce normal levels of testosterone. However, due to an over-aggressive marketing campaign by drug producers and manufactures, testosterone medications have been over-proscribed due in-part to the promises of an improved sex-drive and performance, increased muscle growth, and a reduction in body-fat.

Nation Prescription Drug Take-Back Day - April 26

Many people with disabilities are prescribed strong medications. Sometimes these medications are never used and are just sitting around your home. Having these unused medications sitting around can be a serious safety issue as these medications may be misused or abused. Flushing the medication or just throwing it away can lead to contamination of the water supply.

In-Office Meetings for Social Security Disability Clients

There is no doubt that technology has played a large and successful role in assisting lawyers during their representation of their clients. Websites such as iPhoneJD and The Mac Lawyer demonstrate such usefulness. Our law firm, Gardberg, Clausen & Kemmerly, P.C. utilizes much of the modern day technology in a way that allows us to stay in constant contact with each other and our clients. However, I am often reminded that perhaps our greatest asset is not our ability to adapt to the changing demands of the legal world, but our unwavering importance of face-to-face contact.

Mobile Street Closings

There are plenty of upcoming events happing in and around Mobile, Alabama this time of year. Even though Mardi Gras has come and gone, there will still be some traffic concerns for those visiting Downtown Mobile. The following are some upcoming street closures for construction and the filing of the movie, Vice:

VA Rule Change For Disability Benefits

The Department of Veterans Affairs has adopted a final rule which establishes secondary service connection for certain diagnosable illnesses associated with service connected traumatic brain injuries. The rule became effective on January 16, 2014, and, although it does not provide for presumptive secondary service connection, it provides for a framework for identifying circumstances under which certain illnesses will, absent clear evidence to the contrary, be found to be the secondary result of a service connected traumatic brain injury. The VA rule promotes efficiency and consistency in claim adjudications and making it easier for qualifying claimants to establish service connection for the conditions.

WHEN CAN THE VA REDUCE MY VETERANS DISABILITY RATING?

The VA can reduce a veteran's VA disability rating if it determines that the veteran's disability has improved. The VA can reduce a disability rating at any time a medical examination indicates improvement - the veteran does not have to file a new claim or file for an increased rating for the VA to reduce a disability rating.

Veterans Disability Benefits and Clear and Unmistakable Error

Previous decisions of the VA which are final and binding such as decisions of service connection, age, marital status, duration of service, dependency, line of duty, extent of disability, and other issues decided by the VA are accepted as correct in the absence of clear and unmistakable error (CUE). Clear and unmistakable error is a legal argument that a VA decision was wrong. It is not enough, however, to simply allege that the VA was wrong. The veteran must prove that VA regulations and facts specific to his or her case, in existence and in the case file at the time the VA issued its decision, could have led to only one conclusion and that the VA adopted the wrong conclusion. The veteran must show that the VA's decision would have been manifestly different but for the alleged error of fact or law. Generally, CUE comes into play when the correct facts were not before the Board of Veterans' Appeals or the regulatory provisions in existence at the time were incorrectly applied by the Board of Veterans' Appeals.

Veterans Disability Benefits and TDIU

Total Disability based on Individual Unemployability (TDIU or IU) allows a veteran to receive compensation for 100% disability even if the veteran has less than a 100% schedular rating. TDIU is based on the fact that the service connected disability, though less than 100%, causes the veteran a total inability to work. VA regulations provide that for a veteran to receive TDIU the veteran must have one service connected disability rated at 60% disabling or a combination of disability ratings totaling 70% with one of the included ratings being at least 40% disabling. To be entitled to TDIU, however, the veteran must also prove that he or she is unable to secure or follow gainful employment as a result of his or her service connected conditions. Call the experienced Veteran's Disability attorneys at Gardberg, Clausen & Kemmerly, P.C. today for a free case evaluation to determine if you are entitled to TDIU.

WHY DO I NEED A DISABILITY ATTORNEY?

Many individuals entitled to disability benefits are denied by the Social Security Administration on a daily basis. Although the Social Security Administration does not require you to have a disability attorney, there are numerous benefits to hiring a disability attorney to represent you in your application for Social Security disability benefits.