...Kristi Houston 08/05/2014 Kaplan University PA350 Social Security and Disability Law Unit 1 Assignment To: Kelly Magic, Attorney at Law From: Kristi Houston, Paralegal Date: August 5, 2014 Re: Mrs. Shirley Uber Caretaker After meeting with Mrs. Caretaker about her potential disability claim I will be providing you with the facts and issues that I believe will be important to her claim. The top five facts that I see that are important are: 1) Mrs. Caretaker had been working as a LPN at a local nursing home for ten years where at the age of 55 she dropped a bottle of pills on the floor and began to pick them up when she slipped on a pill and fell on the ground. On her way down she grabbed a filling cabinet to try and stop her from falling but the heavy filling cabinet fell also and landed on her back. 2) Due to working at this nursing home and lifting patients in to bed, showers, and on and off the toilet it caused her to have severe knee pain. 3) Mrs. Caretaker did not receive any worker’s compensation or unemployment insurance benefits instead they gave her Short Term Disability for six months where at the end of the six months she was terminated from her job because she was unable to return but was awarded Long Term Disability from her company’s insurance provider. 4) Mrs. Caretaker is on COBRA insurance that is about to expire but it does not pay for all the expenses that she needs in order to get the surgeries, medications...
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...Katherine Lund Unit 5 Assignment PA350 Social Security and Disability Law April 1, 2014 Step 1: Work Test-Is the claimant working and earning more than substantial gainful activity? Johnny Superton is working for his brother’s lawn mower shop and getting paid $320.00 per week which equals $1,376.00 per month. This is over the $1070.00 amount that Social Security has set in place for substantial gainful activity. Therefore, he would be denied benefits in step 1 of the SSA’s five step Sequential Evaluation Process for Determining Disability. Step 2: Severity Test- Does the claimant have a severe impairment that significantly limits his or her ability to do basic work activities and that also meets the duration requirements? Johnny Superton does have a severe impairment that significantly limits his ability to do basic work activities. Because of his accident, the doctors had to amputate his right leg just below the knee due to an uncontrollable MRSA infection, amputate his left foot due to gangrene. Although he has prosthetics, he is unable to use them because they do not fit well. The injury occurred on March 1, 2013 which also means he is within the duration requirements. Step 3: Medical Listing Test-Does the condition meet the SSA’s medical listings, or is the condition equal in severity to one found on the medical listings? Section 1.04 of the Disability Evaluation Under Social Security is disorders of the spine. In his accident Johnny’s L5-S1 disc burst and...
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