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Date: 09-19-2023

Case Style:

T.C.H. v. Social Security Administration

Case Number: 6:20-CV-1957

Judge: Alan Graf

Court: United States District Court for the District of Oregon (Lane County)

Plaintiff's Attorney:



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Defendant's Attorney: Kevin C. Danielson and Franco L. Becia

Description: Portland, Oregon social security disability lawyer represented Plaintiff seeking review of the denial of her application for social security disability benefits.

"Social Security disability law is a complex and ever-changing area of law. It is important to consult with an experienced Social Security disability attorney to discuss your specific situation and get the best possible advice.

However, here is a general overview of social security disability law:

To be eligible for Social Security disability benefits, you must meet the following criteria:

You must have a physical or mental impairment that prevents you from engaging in substantial gainful activity (SGA). SGA is defined as the ability to earn more than a certain amount of money per month (the amount changes each year).
Your impairment must be expected to last for at least one year or result in death.
You must have sufficient work credits. The number of work credits you need depends on your age and when you became disabled.

If you meet all of the above criteria, you may be eligible for Social Security disability benefits. However, the Social Security Administration (SSA) will also consider the following factors when making a decision about your claim:

Your medical records
Your work history
Your age and education
Your ability to perform different types of work

The SSA uses a five-step sequential evaluation process to determine whether you are disabled:

Are you currently working? If you are earning more than the SGA limit, you will not be considered disabled.
Do you have a severe impairment? If your impairment is not severe enough to limit your ability to work, you will not be considered disabled.
Does your impairment meet or equal one of the impairments listed in the SSA's Blue Book? If it does, you will be considered disabled.
Can you perform your past relevant work? If you can still do the same type of work that you did in the past, you will not be considered disabled.
Can you perform any other type of work? If you can do any other type of work, even if it is less skilled or lower paying, you will not be considered disabled.

If you are denied Social Security disability benefits, you have the right to appeal the decision. You can appeal to a Social Security administrative law judge, and then to the Appeals Council. If you are still denied benefits, you can file a lawsuit in federal court.

Social Security disability law is complex, but it is important to remember that you have rights. If you are disabled and unable to work, you may be eligible for Social Security disability benefits. If you are denied benefits, you have the right to appeal the decision."

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Outcome: Judgment in favor of Plaintiff.

Based upon the stipulation of the parties, Plaintiff is here by awarded $11,500.00 in fees under the EAJA.

Plaintiff's Experts:

Defendant's Experts:

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