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Cookeville Law Blog

Bittersweet reflections

Posted by Donna Simpson | Apr 27, 2020 | 0 Comments

Death always hits us hard. Sometimes it hits harder than others - especially when a young person dies.

Today I received a remand from the Appeals Council. The Appeals Council had sent this claim back to the ALJ for another hearing to consider issues not well decided.

I called my client to tell her the promising news. I reached my client's husband only to learn that his wife had died from complications of weight loss surgery.

My client had worked as a medical billing clerk. When her pain reached the point she could no longer physically go into work, she worked in bed for several months until she reached a point she was not effective at her job. She had worked for ten years in a job she loved, and she hated to give it up. With no other place to turn, she applied for Social Security disability.

I represented her after she was initially denied, through reconsideration, a hearing, and the Appeals Council. Her claim was now coming back from the Appeals Council to an ALJ to look at least two issues not properly decided.

Part of my client's disability had been her arthritic joints, complicated by being too heavy. Ironically, to correct one problem, she lost her life.

Her husband can substitute as a party and pursue her claim but winning a claim after your loved one is gone is bittersweet.

About the Author

Donna Simpson

Throughout my career, I have been fortunate to work with many people in the Upper Cumberland area. I have both enjoyed my work with them and enjoyed getting to know more about life from each one of them. I grew up in Sparta, TN. My father brought livestock markets to farmers in this ar...

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