OBL's Unyielding Teamwork Secures Disability Victory

This case is about the many benefits that OBL offers to its clients, but especially our emphasis on tenacious teamwork. Here, our client, who worked in an airport security position both before and after 9/11, experienced firsthand the numerous changes that were made in airport security after that dreadful day.

The job became more demanding in terms of time spent at work, much longer periods of more focused concentration, numerous (and practically daily) stressful meetings discussing possible terror threats, and on top of that, the job also became more physically demanding, requiring the ability to climb ladders and scaffolding to perform in the air surveillance.

All of this hastened the deterioration of various orthopedic impairments that preexisted 9/11 and caused significant anxiety, depression, and post-traumatic stress disorder. Eventually, it was too much, and a claim for disability benefits was filed in December 2013.

Following a denial by the Social Security judge in early 2017, OBL became involved in appealing the unfavorable decision to the federal district court and won that appeal on the basis that the judge had improperly evaluated the mental impairments (in fact, found that the claimant didn't really have any serious mental impairments, directly contrary to the evidence).

Unable to continue making this claim, the Social Security judge at the new hearing (OBL was now lead counsel), despite Lindsay Osterhout’s excellent marshaling of the evidence and presentation of the case at the hearing, again denied the case, but this time based on a finding that the claimant could perform the above-described past job. But, in so finding, the judge mischaracterized the job altogether to fit her intention to deny the claim.

That case was also appealed to federal court, again by Karl Osterhout, and the case was sent back for reconsideration of the claimant's past work. Despite a full investigation of the vocational issues, including a concession by the vocational expert at the third hearing in this case that the first vocational expert had mischaracterized the job, the Social Security judge again denied the claim.

Again, it was appealed to federal court, and this time, even Social Security agreed that the judge had made a mistake and that a new hearing was necessary.

Finally, about three months ago, the new judge agreed that our client was disabled, and he has been awarded is full benefits all the way back to 2013, including very important retroactive Medicare coverage that will help him pay off old medical bills.

This would not have been possible without Lindsay and Karl's close collaboration and expertise in their respective roles at OBL. And our client is just a super nice guy, and it's really satisfying to see all of this finally turn out in his favor.