Recently, a 55-year-old maintenance worker and member of a local labor union contacted our office. We learned that he became unable to work due to problems with his shoulders, right knee, and complications from diabetes.
The Marasco & Nesselbush Social Security disability team led by partner Donna Nesselbush first assisted our client with his Social Security disability application and obtained a favorable decision at the initial level. However, the Social Security Administration (“SSA”) claimed his disability began several months after he left work, instead of the date last worked.
The Marasco & Nesselbush Social Security disability team did not give up the fight and filed an appeal with the SSA. Since the medical evidence supported a finding of disability on the date last worked, our client’s union pension benefits would be adversely affected by the SSA’s original findings.
Donna Nesselbush and the Marasco & Nesselbush team were able to successfully prove the claimant’s disability started when he last worked, restoring his union pension rights. The new award of reconsideration also resulted in additional retroactive Social Security Benefits. Our client went from happy to happier with the new results.