Lebau & Neuworth Wins Disability Benefits For Persons With Migraines

The law firm of Lebau & Neuworth recently obtained long-term disability benefits on behalf of two clients who suffered from migraines. Both clients, one who worked for Maryland hospital for many years and the other at a D.C. tech company for just a few years, initially had their claims denied before seeking our representation.

Representing these clients and many others in employment and disability-benefit law matters, Lebau & Neuworth knows how difficult it is for a migraine sufferer and his/her family to cope with this disorder. 

The two primary sources of disability benefits that may be available to them are from Social Security and from disability benefit insurance policies (through an employer or a privately owned policy).

Social Security Disability Benefits 

(From the National Headache Foundation)

If you experience chronic migraine that makes it difficult or impossible for you to work, you can file a claim for Social Security disability (SSD) benefits. You will need to provide medical documentation of your illness in order for your claim to be approved. This medical documentation will help support that you are unable to work for at least 12 months, which is a requirement for applying for disability.

A migraine attack can incapacitate someone for days. The light and sound sensitivity, as well as the physical toll that migraine disease takes on the body, can mean that the person needs days of recovery time. But in order to be approved for disability benefits due to migraine disease, there needs to be an underlying medical condition or a person needs to ask for a Medical Vocational Allowance.

All of the conditions that qualify for Social Security disability benefits are listed in the Social Security Administration’s Blue Book, and there is no official listing for migraine disease. However, migraine can be symptoms of other health problems that are listed in the Blue Book. If you experience migraine due to any of these conditions you can be approved for disability benefits based on Blue Book listing for these conditions:

You will need to provide medical documentation such as a diagnosis, treatment plans, test results, medical bills and other documents to prove that you cannot work because of your medical condition. 

Disability Insurance Benefits

Short-term disability is offered by many employers, and the coverage length and amount of benefits are set by the terms of the plan.

Long-term disability benefit insurance is also offered by many employers and covers a percentage of your salary. Again, the plan terms set forth the applicable amount of the benefits, length of the benefits and limitations, if any.

Several insures also offer private disability insurance that you can use to supplement an employer-provided disability policy or to be your sole source of disability benefits.

There are no precise guidelines you must meet to qualify for disability due to migraines. Generally, you will need to prove to the insurance company that your disability and related symptoms prevent you from perform your job. You will have to show that migranes cause significant restrictions such as the inability to concentrate, communicate and interact with others, and additional limitation could be sensitivity to noise and light. Further, side effects from medication can also be considered as causing significant work restrictions.

Our Advice: Get A Good Lawyer

Lebau & Neuworth has seen too many people not get the employment benefits they deserve due to not getting a good lawyer soon enough. There are many pitfalls in trying to deal with an insurance company and the SSD bureaucracy if you do not use a lawyer – and a lawyer who is an expert in disability benefits.

If we take your case, we will work closely with you to develop and prove the best possible case. We will work with you to develop the record and history of your condition, complete all necessary forms, and coordinate communications with your treaters.

Even if you have been denied benefits in the past, we still may be able to help since you may have the right to file an appeal. Getting expert help is often the difference between being denied and being approved for benefits, so contact Lebau & Neuworth at (410) 296-3030 or lebauneuworth.com/contact-us.

CORONAVIRUS PANDEMIC: COVID 19 Created Additional Ways to Prove Disability in Various Benefits Cases

On July 19, 2021, Lebau & Neuworth partner attorney Richard Neuworth made a presentation on the issues of COVID 19 and Social Security Disability, Workers Compensation and Long-Term Disability to the viewers of Lawline. The program was designed to show that COVID 19 produced a new paradigm that created additional ways to prove disability in Social Security Disability, Workers Compensation and Long-Term disability benefits cases.

Through the program, Richard provided particular emphasis concerning long-haul syndrome and how that increases the ways that claimants can obtain both a source of income and medical coverage for COVID or fears of COVID that prevent individuals from returning to work or their past relevant program.

Richard also offered other information concerning sources that examined what long-haul syndrome is and how it affects individuals depending on age and amount of infection; and other information concerning how to prove disability.

To view all of the information presented by Richard, click here.

The attorneys at Lebau & Neuworth are highly experienced in Worker Disability issues. If you need any advice, assistance and representation for COVID-related disability benefits, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.

CORONAVIRUS PANDEMIC: COVID-19 and Its Effect on Social Security Disability Cases

Lebau & Neuworth partner attorney Richard Neuworth delivered a presentation on COVID-19 and Social Security disability cases to the National Organization of Social Security Claimants Representatives on October 30, 2020, at its national convention.

The presentation discussed how COVID-19 has actually opened new ways for claimants to obtain disability benefits from the Social Security Administration. In fact, there are several different scenarios to consider in disability cases, including:

Other important topics are how to cross examine vocational and other medical experts during the course of Administrative Law Judge hearings.

If you believe your Social Secuity disability has been wrongly affected by the Coronavirus pandemic, contact the attorneys at Lebau & Neuworth at at (410) 296-3030 or lebauneuworth.com/contact-us.

Article in Maryland Bar Periodical by partner Richard Neuworth Addresses Elderly & Employment Law

Lebau and Neuworth partner Richard Neuworth had just published an article addressing “The Elderly, Employment Law, and Federal Benefits” in the recent Maryland Bar Journal. Published quarterly by the Maryland State Bar Association, the scholarly essay appears in Volume 1, Issue 3, of the journal.

Among the issues Richard examines, he notes that more elderly persons are forced to work while collecting federal benefits. Practitioners need to consider these benefits when addressing employment law questions. He further discusses that significant numbers of baby boomers continue to work on a part-time basis or look for work due to inadequate retirement savings, credit card debt and/or mortgage obligations. According to Richard, “These aging individuals present numerous challenges and opportunities to practitioners.”

Having handled disability, personal injury and employment and employee-benefits litigation for more than 35 years, Richard is uniquely qualified to speak on these topics. He has extensive experience in employee benefit, discrimination, harassment, personal injury, workers compensation, personal injury and social security disability cases. He has successfully represented individuals and groups of employees in significant employment disputes.

In the article, Richard also notes that courts have never counted regular Social Security benefits as an offset against economic loss in discrimination cases. Therefore, he states, “In order to properly represent the elderly in employment litigation, one must have a fundamental understanding of federal benefits and how those benefits will be impacted both by monetary severance packages and litigation.”

To read the full article, click here.

Elderly individuals who are seeking legal assistance with employment issues should acquire knowledgeable attorneys. The lawyers at Lebau & Neuworth are highly experienced with such cases and may be able to assist you. Contact us at (410) 296-3030 or lebauneuworth.com/contact-us.

Forbes Quotes L&N Partner Richard Neuworth on Health Care Costs & Social Security

Recently, Forbes magazine, a preeminent American business publication, featured Lebau & Neuworth partner attorney Richard Neuworth in an article focusing on healthcare costs and social security. Richard was cited in the magazine as an expert in employee benefits.

In the article, he is quoted as stating: “If many people understood the long-term care and health insurance consequences, they might decide instead to get a separation agreement or give up on the divorce. If you don’t have health insurance and you have a serious accident or illness, financially you are done.”

The article noted that Richard was selected to lead a discussion on the impact of divorce on benefits for older people and the disabled at the National Aging and Law Conference of the American Bar Association in Fall 2019.

If you need expert legal assistance with an issue involving employee benefits and social security, the attorneys at Lebau & Neuworth may be able to help. For more information, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.

Lebau & Neuworth Partner Speaks to National Body on Supreme Court Social Security Decisions

As a featured speaker at the American Association for Justice 2019 Annual Convention, Lebau & Neuworth partner attorney Richard Neuworth addressed thousands of attendees on decisions made by the Supreme Court in 2018 and 2019 that affect Social Security disability cases. The Association, which promotes a fair and effective justice system and supports attorneys in their efforts to obtain justice for any person who is injured by the misconduct or negligence of others, held its yearly summit July 27 through 30 at the San Diego Convention Center.

Richard spoke on the Supreme Court's decision on fees in the case Culbertson v. Berryhill. Among his conclusions, he pointed out the Court ruled that fee agreement(s) permits separate fees for representation before the Social Security Administration, including ALJ hearings and Appeals Council, regardless of the fee amount received at the administrative level.

Next, Richard the Court's decision on federal court appeals following adverse decisions in the case Smith v. Berryhill. He specifically noted that the Court permitted federal court review provided that there was an adverse or partially adverse decision by an Administrative Law Judge, which was final.

Citing the case Biestak v. Berryhill, Richard addressed Vocational Expert Testimony. He spoke on the decision by the Court to grant certiorari to consider the issue of whether or not a vocational expert had to provide supporting data concerning job numbers at a Social Security disability hearing if requested at the hearing -- expanding on the Court's suggestion on what can and should be asked during cross-examination of a vocational expert, among other related topics.

Next, Richard took on Kisor v. Wilkie, a Veterans Administration disability benefits case (which can easily apply to Social Security disability cases), in which the Supreme Court decided that in order for a regulation to be ambiguous, courts must use all tools before deciding that the regulation is ambiguous. The Court also ruled that courts should not provide Auer deference if a regulation is genuinely ambiguous.

Richard concluded his presentation with a look at the Supreme Court's decision in Lucia v. SEC that Administrative Law Judges (ALJs) are officers -- and not employees -- and had to be appointed by heads of their departments. But as he pointed out, the same argument has been made regarding the Social Security disability judges with mixed results.

The American Association for Justice membership consists of trial attorneys who are "committed to promoting safety and corporate accountability, advocating for a balanced civil justice system, improving our communities and educating lawyers to provide excellent advocacy for their clients."

Lebau & Neuworth keeps apprised of the latest Supreme Court decisions and their impact on employment law so that they are prepared to provide their clients with the best representation. If you are in need of an attorney because you believe your rights in the workplace may have been violated, contact Lebau & Neuworth at (410) 296-3030 or lebauneuworth.com/contact-us.