Gardberg & Kemmerly, P.C., was established in 1986 by Jonathan P. Gardberg. The goal of the firm has from its inception been to provide outstanding legal representation for the disabled and injured from all walks of life. The firm has represented thousands of claimants for the following types of claims:

Call us at 251-243-7872 or 877-539-1739 or contact us by e-mail.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Free background information available upon request.

 

Media

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    [[[4]]]
    I recommend that you get a representative for your hearing days. So many people come into us that have never had a representative before, and it is right before their hearing. And sometimes we may not have time to adequately prepare your file and give you the best representation that you need when you come in just days before your hearing.
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    [[[5]]]
    3M settled with the US government for 9.1 million dollars. The lawsuit was based on a whistle blower who actually notified the government that 3M was selling these earplugs that they were under a defense contract with the US government to provide and with known defects.
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    [[[6]]]
    If you are having problems with your medications, one of the third things that I want to recommend to you is to reach out to affordable care options for your healthcare and medical prescription purposes.
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    [[[7]]]
    We will talk a little bit today about age determination and why age matters when you're applying for Social Security Disability.
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    [[[8]]]
    Agent Orange is basically a slang term for any kind of herbicides used during the Vietnam War to kill dense jungle vegetation.
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    [[[9]]]
    Aid and Attendance is one of the most under-utilized benefits out there. We encourage veterans to do some research and figure out if they think they're entitled to it or call our office and we will help you.
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    [[[10]]]
    Workers' compensation is a compromise between the employer and the employee where the employee, if they get hurt at work, will get medical treatment right away. In exchange for that, the employee cannot sue the employer for negligence.
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    [[[11]]]
    Starting on February 19 of 2019, basically if you get a statement of the case or a supplemental statement of the case, then you are eligible to opt-in to the Appeals Modernization Act, which gives you various different, new tracks that you can go to for your appeals.
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    [[[12]]]
    If you're waiting for your Social Security Disability hearing, you don't want to perform what Social Security defines as substantial gainful activity. And that amount actually changes year to year, just like cost of living adjustments, etc. They will change, for this year it's about $1,180.00 gross.
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    [[[13]]]
    The changes in regulations with Agent Orange involve three new conditions: hairy cell leukemia, Parkinson’s disease, and ischemic heart disease. Changes allow veterans with any of these who were exposed to Agent Orange to file for disability.
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    [[[14]]]
    Just like an adult there's a wide variety of things that children can have that can qualify them for benefits. There could be certain learning disabilities, intellectual disorders, or physical disorders.
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    [[[15]]]
    If you are a veteran who has received Social Security Administration Disability benefits, you should submit that disability award to the VA for consideration on your claim for VA benefits.
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    [[[16]]]
    The Compassionate Allowances Program was developed by social security for the people that have these really rare, aggressive illnesses that would obviously meet the disability requirements. It was developed in order for them to kind of speed up that system. Instead of getting benefits in months, it potentially could only take days or weeks.
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    [[[17]]]
    Service connected conditions receive a compensation rating. For each particular condition there's a diagnostic criteria, a percentage and specific symptoms.
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    [[[18]]]
    A consultative examination is basically when Social Security schedules a claimant, somebody applying for disability, schedules them a doctor's appointment. They either do it because they don't think that they have enough evidence in order to make a disability determination, or they want just some kind of clarification of the evidence that they already have.
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    [[[19]]]
    Military veterans benefits are also going up with the cost of living increase for 2019. That includes retired military veterans, VA rates for compensation claims, and pension claims for disabled veterans and surviving families.
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    [[[20]]]
    At Gardberg & Kemmerly it doesn’t cost anything to hire us. You only pay us if we win your case. Social Security lawyers are governed by Social Security Administration regulations which provides that they can charge 25% of your past due benefits.
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    [[[21]]]
    If you're a qualified surviving spouse and, in some cases but much more rare cases, if you have a qualified surviving child or surviving parent in even more rare circumstances, they may be entitled to benefits after the veteran's passing if that veteran had a service connected cause of death or if they had a total rating for a period of 10 years prior to their passing, then they'd be presumed to have a service connected cause of death.
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    [[[22]]]
    Obtaining Social Security Disability Benefits is a long process. It takes a long time, and so the sooner you get started, the sooner you get benefits.
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    [[[23]]]
    A Widow's Disability Benefit is usually for people that, if they have not worked, but they've had a spouse that has recently passed away, they can draw off of their spouse's work record as opposed to their work record. It's good especially if a spouse was making more than the person that is disabled, they are able to draw off of that spouse's earnings record.
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    [[[24]]]
    It is possible to handle your auto accident claim without the help of an auto accident lawyer, but it will probably be much more difficult.
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    [[[25]]]
    One question that I frequently get asked is: Have I worked long enough to qualify for Social Security Disability? And there is a general rule of thumb. The general rule of thumb is that a person must have worked five out of the last 10 years in order to qualify for Social Security Disability.
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    [[[26]]]
    Technically speaking, you can call an attorney at any time. But as far as the VA goes, an attorney can't be engaged, or you can't have a contract with a veteran, to help them with a disability claim until they receive their initial rating decision.
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    [[[27]]]
    A VA rating increase is for someone who already has a service connected disability.
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    [[[28]]]
    All our clients come in and get a blue folder. It has some resources and Catholic Social Services and some other things that help with bills and stuff all during the year, but during the holidays for specific holiday help, I think the Salvation Army is one of the greatest resources that we have here on the Gulf Coast.
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    [[[29]]]
    If you need assistance with your claim or if you have any questions, you can contact us at (251) 343-1111. Our website is www.gardberglaw.com.
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    [[[30]]]
    To prepare for a SSD hearing you need to dress appropriately and know the names of your medications and doctors. Listen carefully to the judge’s questions and answer with detailed facts about the case that will help him make a good decision.
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    [[[31]]]
    Every veteran who has a service connected disability will have either a specific rating for that one disability, which would also be his total rating, or if they have multiple, they would have individual ratings for each condition and then a total rating.
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    [[[32]]]
    The higher your total percentage is, the harder it is to get an increase if you get another grant. What unemployability does is, if you were at 60% for one particular condition or 70% for multiple, one of which, with some different variations, is at 40%, you can apply for unemployability, and at that point, they can grant you 100% payment even if you're not, technically, at 100%.
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    [[[33]]]
    We are getting started early this year because we have BIG DREAMS for CURE FOR CHRISTINE! We encourage you to watch, LOVE and share. Join us in our fight for a Cure for Christine!
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    [[[34]]]
    SSI is supplemental security income. SSDI is social security disability insurance.
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    [[[35]]]
    A Nexus Medical Opinion essentially establishes a relationship between something that happened in the service and a current disability.
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    [[[36]]]
    "I don't think that it's any secret that the VA suffers from an incredible backlog of cases. They take an enormous amount of time to get any decision back to veterans, no matter what stage of the process they're in."
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    [[[37]]]
    The VA made a change to the PTSD regulations in 2010 conceding that the structure involved in getting a PTSD award can be from fear of hostile military activity; allowing veterans who may not have been technically in combat to obtain PTSD disability.
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    [[[38]]]
    The RAMP program is an acronym for the Rapid Appeals Modernization Program.
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    [[[39]]]
    Scuttlebutt Network a voice of veterans for veterans. It's on 106.5 FM in Mobile, Alabama. We're also on the internet and we have a podcast, it's FM talk 106.5.
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    [[[40]]]
    There are two basic types of service connections. There's direct service connection and there's secondary service connection.
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    [[[41]]]
    And sometimes it comes down to the day you're in front of the judge. And this can really lead to your credibility, and you can completely lose all benefits for those years that you filed this return. In some cases you can lose your case completely because of the tax refund and because of this earned income credit and self-employment that you filed.
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    [[[42]]]
    When you file for Social Security Disability, not only do they have to consider if you're disabled, but they also have to look at the work that you've performed, and if you can still perform that work. And then, they also have to look and see if there's other jobs that you could perform out there in the national economy.
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    [[[43]]]
    Ruling 18-3P went into effect October 29 of 2018, and it is effective on any decisions that Social Security makes after that date. It means that someone can be denied benefits if he or she does not follow the prescribed treatment that their doctors have ordered or said that they needed without good cause.
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    [[[44]]]
    One question I frequently get asked is am I allowed to work and still be qualified for Social Security disability? And the answer is yes, but Social Security does limit the amount that you're allowed to make and still be qualified.
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    [[[45]]]
    You can't have worked and made $14,000, but also tell the judge that you can't work. And so we see it with our claimants. One, it's tax fraud. Please don't commit tax fraud. And two, it really, really can just kill any chance you have of getting approved for your social security disability benefits.
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    [[[46]]]
    Disability Representative Noell Black of Gardberg & Kemmerly talks about Social Security Disability Hearings, things you need to know as well as pitfalls to avoid.
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    [[[47]]]
    "How do I file for Disability?" There's a few different ways. I think the easiest way is to call Social Security, your local Social Security office, and to make an appointment.
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    [[[48]]]
    The main reason for filing for social security disability benefits early is because getting a hearing can take up to two years from start to finish. So, it's very important to apply as soon as you feel that you are unable to continue working. There is rarely any kind of benefit to waiting.
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    [[[49]]]
    Without having doctor's visits or hospital visits, there's no documentation so there's no way to prove that somebody is disabled. Getting medical treatment is the most important thing in applying for disability.
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    [[[50]]]
    The most important thing you can do to help your lawyer win a Social Security Disability Claim is go to your doctor on a regular basis. Even if the judge likes you, he cannot approve your claim without good medical records to back up your disability.
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    [[[51]]]
    So, now when you do want to appeal, you'll still file a notice of disagreement, but what you'll do is file it directly with the board of veteran's appeals, and then at that point, there are three different tracks that you can choose based on what your case looks like, what kind of evidence you have, what the issues are and appeal.
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    [[[52]]]
    A TBI is just short for traumatic brain injury. And essentially what that means is there is any kind of action or reaction or anything that basically impacts the head or the brain whether it be the force of blast or potentially a gunshot or just different types of shrapnel fragments, different things like that.
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    [[[53]]]
    Having an attorney or non-attorney representative to assist you is really in your best interest. It really is difficult to understand the process of having a Social Security disability claim and all that goes into it. You throw in a mental impairment, physical problems, lack of social support, family support, and all of the issues that go with that and it can be just really overwhelming, so having a representative really allows them to focus on handling these issues for you.
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    [[[54]]]
    A Compensation and Pension Exam is an examination that's set up by the Department of Veterans Affairs in connection with a claim for disability benefits that's been put in by a veteran.
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    [[[55]]]
    Attorney Jennifer Caldwell Byrd of Gardberg & Kemmerly talks about veterans disability law and the importance of making sure the VA has been notified of your dependents if you are receiving disability benefits.
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    [[[56]]]
    Victory Health Partners is a medical clinic. We take care of low- and moderate-income adults who don't have health insurance.
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    [[[57]]]
    Non-service connected pension is a needs based program and may apply if you're totally and permanently disabled. It doesn't have to be for a service connected injury or disease.
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    [[[58]]]
    In a veterans disability claim, lay evidence is basically any evidence and all evidence that is not medical. If you have a statement from the veteran, a statement from his family members, friends, people that they served with, any statement regarding the veteran's condition or things that happened in the past, anyone who's not a medical professional but would have personal knowledge regarding the veteran's either current condition or in service injury, things like that. It'd be any kind of non-medical expert that can provide some kind of information that's pertinent to the claim.
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    [[[59]]]
    Social Security disability benefits are for disabled individuals who have a steady and good work record and paid into the system via payroll taxes. Supplemental Security Income is for individuals who have been disabled and not had a good work record.
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    [[[60]]]
    The Social Security process is a long process and it can be time-consuming. The sooner you get filed, the sooner you get the ball rolling, hopefully the sooner you'll get benefits.
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    [[[61]]]
    Having an attorney to help with a VA disability claim is useful to identify evidence needed to win the claim by establishing service connection or to get a rating increase, and to work to best represent the veteran through the entire appeals process.
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    [[[62]]]
    A VA rating increase is for someone who already has a service-connected disability. As soon as you think your condition worsens, you should file a claim for a rating increase with the VA as soon as possible.
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    [[[63]]]
    The Court of Appeals for Veterans Claims is a federal court that is specifically there to adjudicate claims from the Board of Veterans Appeals. So if you have a decision from the Board of Veterans Appeals, you went to your hearing or you didn't request a hearing but let's say you get denied for whatever the issue may be, your next step if you don't want to file a motion for reconsideration with the Board is to appeal to the Court of Appeals for Veterans Claims.