Ash Law

Ash Law

SCOTT ASH - DENVER COLORADO & TULSA OKLAHOMA SOCIAL SECURITY DISABILITY AND WORKERS' COMPENSATION LAWYER

Firm Overview

We are a small craft law office. We help injured and disabled people. We maintain offices in both Denver, Colorado and Tulsa, Oklahoma.

The practice of law has changed profoundly over the past twenty-five years. While we have embraced these changes we have also held fast to the ethics and standards many in our profession abandoned years ago. We are both high-tech and old-school. We are small and agile. Bottom linewe get results.

ASH | LAW has recovered more than fifty-million dollars in judgments, settlements and awards for injury victims. We have won several thousand Social Security Disability an and SSI cases for our disabled clients.

ASH | LAW enjoys a 5.0/5.0 Preeminent AV Peer-Review Rating from the Martindale-Hubbell Legal DirectoryAV Preeminent being the absolute highest rating possible. We maintain a 5.0/5.0 client rating from this publication as well.

ASH | LAW was established in 1989.
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Main Office
Oklahoma Office
110 W Seventh, Suite 110
Tulsa  OK  74119
Phone
  • (918) 599-0001
Fax
Websites

Other Offices

Colorado Office
4100 E Mississippi, Suite 1900
Denver,  CO  80246
SSDI
M. Scott Ash has over twenty-five years experience representing injured and disabled people. He is licensed to practice law in Colorado ('89) and Oklahoma ('94).
INTRODUCTION TO STEP THREE OF SOCIAL SECURITY'S FIVE-STEP SEQUENTIAL EVALUATION PROCESS: THE LISTING OF IMPAIRMENTS

In an effort to be efficient in the adjudication of a particular case Social Security employs a five-step sequential evaluation process in deciding disability claims. Disability applicants and their Social Security Disability attorneys should be keenly aware of the process and each of its steps. Suffice to say the steps are supposed to be worked in order and if a given applicant is determined to either be disabled or not disabled at a given step the process is over and no further examination of the case is had. Step three of this process is discussed below. The other four steps and the complete disability determination process is discussed elsewhere on this site.

It should be noted that step three is the first step in the process where a Social Security Disability applicant can be awarded benefits. At steps one and two a claimant's case can only be summarily denied or if an applicant and his or her social security disability lawyer prevail at this step the case moves on to step two or three, in order and as the case may be.

Although there are certain steps in the disability adjudication process where the Social Security Administration decision maker has the burden of proving certain thingslet it be clear that at step three of the process the applicant and his or her social security disability lawyer have the clear burden of proving by a 'preponderance' of the evidence that said applicant's condition 'meets' or 'equals' in severity a given listing of impairment.

WHERE ARE THE LISTINGS AND HOW DO THEY WORK?

The Listings of Impairments detail for each of the major body systems impairments that the Social Security Administration deems severe enough to prevent an individual from doing any substantial gainful activity (i.e. work) regardless of that applicant's vocational factors (i.e. age, education and previous work experience).

NOTE: although an applicant's work history and current work activity are not considered at step three, if an individual is working at a full-time pace his or her case would fail at step one of the sequential evaluation process.

TWO PARTS TO THE LISTINGS: The Listing of Impairments come in two parts:

PART A: The first part of the listings apply to adult disability applicants (i.e. those over eighteen years old)
PART B: The second part of the listings apply to minor children applying for disability or SSI benefits (i.e. those under eighteen years old)
It should be noted that PART A of the listings can, in very limited circumstances, apply to children applicants. These circumstances are:

NO PART B LISTING: If a child suffers from a medical condition for which a listing is not provided under the child listings at Part B, and there is a Part A adult listing that appears to adequately cover and describe the severity of this impairment, a child disability applicant &/or his or her Social Security Disability applicant can argue for the application of a Part A Listing provision; or
PART A LISTING PROPERLY DESCRIBES SEVERITY OF CHILD'S IMPAIRMENT: Even if there is a Child listing at Part B that appears to cover a given child's disability-said child &/or his or her Social Security Disability lawyer can argue that the Adult Listings at Part A more closely fit the child's particular impairment and should be used instead. However-usually if there is a Child Listing at Part B that appears to cover the child's particular medical impairment it will be hard for an applicant's Social Security Disability or SSI Attorney to argue that a Part A Listing should be used instead. It should be noted that the criteria put forth in Part B will never be used to evaluate an Adult Disability case.

MEETING A LISTING: It will be found that a particular individual's medical condition 'meets' the requirements of a given and applicable listing when it satisfies each and all criteria of that listing and meets the duration requirement provided in Step Two of the sequential evaluation process (i.e. the condition meets the precise requirements of the described listing for twelve continuous months-or it is expected that the listing will indeed be met for twelve continuous months or result in death).

NOTE: Understanding the profound and severe nature of the symptoms and conditions described in the Listings-virtually all of the impairment listings are indeed permanent or even expected to eventually result in death. However-for some listings a time unique and specific to that listing may be called for in order to meet that listing. For all others-the evidence and argument must demonstrate that an impairment has lasted or can be expected to last for a continuous period of not less that at least twelve continuous months.

Scott Ash

BIOGRAPHY

M. Scott Ash has over twenty-five years experience representing injured and disabled people. He is licensed to practice law in Colorado ('89) and Oklahoma ('94).

EDUCATION:
University of Oklahoma College of Business Administration; B.S. Business Economics '86
University of Tulsa College of Law; Juris Doctorate '89
Queen's College, Oxford University; International Law Student Program '87
University of Denver College of Law; Visiting Law Student '88-'89

HONORS & AWARDS:
5.0/5.0 AV Preeminent Peer Review Rating from Martindale-Hubbell Legal Directory
5.0/5.0 Client Rating from Martindale-Hubbell Legal Legal Directory

REPRESENTATIVE CASES:
City of Tulsa v. Rod Mays, 2017 OK CIV 1
SHORTER v. TULSA USED EQUIPMENT AND INDUSTRIAL ENGINE SERVICES, 2006 OK 72, 148 P.3d 864

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