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Case Summaries

Success Story: A Fantastic Win For Our FDC Team!

We write a lot about the challenges of getting Social Security disability benefits, but sometimes keeping the benefits can be just as difficult! There are many complicated medical and vocational issues that Social Security analyzes when reviewing whether a beneficiary can continue to receive their disability benefits. Sometimes during this “Continuing Disability Review,” or “CDR,” technical errors occur or claimants are denied due process. When a claimant receives a Notice of Termination they have the right to appeal and, just like when initially applying for benefits, a CDR case that gets denied by an ALJ can be appealed to the...

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Lindsay Osterhout’s Technical Expertise Results in Another Case Win!

[caption id="attachment_3882" align="alignleft" width="220"] Lindsay Osterhout, OBL Partner, Administrative Division[/caption] When applying for Social Security disability benefits, many underestimate the importance of knowing Social Security regulations and policy. Lindsay Osterhout recently worked on a case that had been denied at the application and reconsideration levels. The claimant’s impairment was a primary type of cancer. The initial cancer occurred while the claimant was still insured for Social Security Disability. Shockingly, SSA denied the claim, IMPROPERLY labeling it secondary cancer. With that misclassification, SSA IMPROPERLY found that the claimant did not meet the cancer listing.  Upon Lindsay pointing out the misclassification by DDS, it...

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Aetna Reverses its Decision to Terminate Long Term Disability benefits after Osterhout Berger file its Appeal

Aetna terminated the benefits of our client, an Executive Administrative Assistant, after she had been receiving disability benefits for only eleven months.  Our client suffered from significant limitations in the use of her arms and hands as a result of medical conditions to include neuropathy, carpal tunnel syndrome and cubital tunnel syndrome. After the client retained us, Attorney Berger obtained updated medical treatment notes and medical opinions from our client’s treating physicians and a detailed vocational report.  Attorney Berger also filed an extensive brief arguing why Aetna was unreasonable in terminating benefits and after a review of all of our submissions,...

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The Hartford Reconsiders its Termination of Benefits

Our client was a College Registrar when she became unable to work due to physical impairments to include fibromyalgia, vertigo, lumbar spondylosis, Post Traumatic Stress Disorder, Depressive Disorder and Panic Disorder.  She received benefits from The Hartford for approximately 14 months before it was determined that she could return to her own occupation. Attorney Berger obtained medical evidence from eight different physicians along with medical opinions from four different physicians.  He also obtained a detailed vocational report and, following a review of all of this evidence and Attorney Berger’s argument, The Hartford reversed its previous decision and reinstated our client’s...

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Osterhout Berger assists Amazon Employee in her Claim for Benefits from The Hartford

The Hartford denied our client’s claim for Long Term disability benefits due to a lack of medical documentation.  Our client suffered from significant mental impairments, to include a persistent mood disorder and anxiety disorder.  After being retained by the client, who worked for Amazon, Attorney Berger obtained all of the medical evidence, along with a detailed statement from our client’s treating physician and a comprehensive vocational report.  This evidence was enough to persuade The Hartford to overturn its previous decision and award our client her much-needed Long Term disability benefits. If your Short Term or Long Term benefits have been denied...

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Osterhout Berger Helps a Financial Executive Get His Benefits Reinstated from The Hartford

Our client had been receiving Long Term disability benefits from The Hartford for difficulties stemming from a sleep disorder for approximately 10 years before The Hartford terminated the benefits after finding he could return to work.  Our client immediately contacted Attorney Berger and after extensive development of his claim file, to include obtaining multiple statements from our client’s treating physicians, an Independent Medical Examination and a comprehensive vocational evaluation, The Hartford reversed its decision and reinstated our client’s Long Term Disability benefits. If your application for Long Term disability benefits or your appeal of a decision denying or terminating has been...

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Tenacious Representation Leads to Incredible Success Story Out of Minnesota

Disability appeals have, unfortunately, become standard practice for many claimants. Judges frequently make errors in hearing decisions. OBL partners with many firms who are fierce advocates for their clients, yet come to us with unfavorable decisions due to legal error. Disability Specialists of Minnesota is one company we work with on a regular basis. They recently delivered incredible news related to an appeal Karl Osterhout handled, all because they refused to give up on their client’s case! “This case really demonstrates the value of working with a group like mine, who offers all services related to appeals. In fact, the...

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OBL on FIRE: Three MORE federal court reversals with outright award of benefits!

A few months back my office had a run where we had obtained three federal court decisions which not only overturned a terrible ALJ decision, but also took the rare step of finding the ALJ’s errors so egregious that it ordered Social Security to begin paying our client benefits. Because by far the most typical outcome in a federal court appeal is a remand to Social Security for further proceedings, I remember saying at the time that I might not see another decision like it for a long time. I’m happy to report that I was wrong; my team has managed...

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OBL on FIRE: OBL Win Results in Over $300,000 to Claimant

This case falls into the "it never hurts to ask" category. But, before you can ask, you really need to dig into a case, and Lindsay was very persistent with SSA about producing files related to applications for benefits the claimant told her he had filed in the distant past. Because she was so persistent and focused in her strategy for the case, she obtained evidence that SSA had actually found our client disabled in the late 90s (he never actually received any benefits because of excess resources). However, the finding of disability was made by SSA prior to our...

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OBL on Fire: Allstate Overturns Its Denial of Benefits Under A Dismemberment Accident Policy and Awards Osterhout Berger’s client $100,000

Our client lost vision in one of her eyes and filed for benefits under her employer-provided Dismemberment/Accident Policy back in 2016.  After being denied numerous times she hired Attorney Berger and within weeks Allstate reversed its decision and awarded our client the maximum amount allowable under her policy - $100,000! If you need help filing a claim for benefits under an Accident Policy or have been denied benefits Osterhout Berger will review your case free of charge. Call us today: 866.438.8773...

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