An Extraordinary Social Security Disability Result with Retroactive Benefits of Nearly $70,000

Published

A woman turned to Marasco & Nesselbush after previously being represented by another law firm. With her prior attorney, she received a denial of benefits from an Administrative Law Judge. She was suffering from severe carpal tunnel syndrome due to complications from arthritis. She had great difficulty using her hands for any productive activity. Due to the vagaries of Social Security law, in order for her to receive benefits, she needed to prove that she had been disabled since at least 2007.

By the time the claimant came into our office, she was struggling financially. Having lost before a judge, M&N Partner Donna Nesselbush and the attorneys at Marasco & Nesselbush knew that the client would be forever barred from re-filing for disability benefits unless we filed a federal complaint in United States District Court.

We did so, and the Marasco & Nesselbush Social Security team led Attorney Joseph P. Wilson convinced the United States District Court that the Administrative Law Judge had made harmful and material errors of facts, and that she should be granted a second chance to prove her case. At the second hearing, Attorney Wilson did, in fact, convinced the judge to change his mind and award our client Social Security disability benefits. Our client received a favorable decision in October of 2010, paving the way for an award of retroactive benefits of nearly $70,000, just in time for Christmas for our client, her husband, and her two young children. Now that’s an extraordinary result!