Mental Health Disabilities

Applying for Social Security Disability (“SSD”) benefits can be challenging under the best of circumstances, but individuals living with mental health conditions often face unique hurdles in the process. Unlike many physical impairments, mental health disorders are not always visible, can fluctuate in severity, and may be difficult to document in a way that Social Security recognizes.

We represented a 47 year old teacher from Huntington with PTSD, Anxiety, Depression, autism and ADHD. Our client had strong documentation and support from her mental health providers.  Social Security places significant weight on consistent and well supported evidence from treating providers such as psychiatrists, psychologists, and therapists. Treatment notes, detailed diagnoses, and professional opinions on functional limitations establish the consistency and support for a claim.

Unlike other medical providers, some mental health professionals do not keep psychotherapy notes in a format that can easily be shared with Social Security, or they may be reluctant to release them due to confidentiality concerns. To address this, the Social Security Administration provides alternatives when psychotherapy notes are unavailable.  We availed ourselves of that alternative, and prevailed.

SSD benefits for mental health conditions requires persistence, careful evidence gathering, and skilled advocacy. By working closely with providers and ensuring Social Security receives the appropriate documentation, applicants can greatly improve their chances of a successful outcome. If you or a loved one are struggling with a mental health condition that makes it impossible to work, our office, located in Melville, NY,  is here to guide you through the process and fight for the benefits you deserve.   For your convience, our office offers a free phone consultation.

 

 

 

CE's Proved Unnecessary

We recently represented a 59-year-old phlebotomist from Smithtown living with chronic obstructive pulmonary disease (“COPD”), essential tremors, chronic pain, and several other serious medical conditions. Before retaining our office, she had applied for Social Security Disability benefits on her own and was denied twice.

Because she had already completed consultative examinations through the IMA Disability Services during her prior applications, we filed a new application for her in April 2025. This time, we focused on gathering and submitting comprehensive medical records and detailed summaries from her treating physicians — the doctors who know her history best, and whose consistent opinions carry significant weight under Social Security’s rules. With this evidence, we secured a fully favorable decision in just four months.

This case highlights how experienced legal representation can make a meaningful difference in the disability process. Understanding what Social Security looks for, and how to present the strongest evidence, can be the key to moving from repeated denials to a timely approval.

If you are facing challenges with your own disability claim, our office is here to guide you through the process and fight for the benefits you deserve.  Our office, located in Melville, NY, offers a free phone consultation.

Autoimmune Diseases

Autoimmune diseases affect a significant percentage of the population, affecting substantially more women then men.  It is not unusual for someone to suffer from multiple autoimmune diseases.

We represent a 54 year old nurse from Tom's River, New Jersey, who suffers from Rheumatoid Arthritis, Fibromyalgia, Hashimoto's disease, along with several other disabling conditions.  Our client retained us after she had been denied Social Security Disability ("SSD") benefits at the initial application stage.  The Administrative Law Judge approved our client's application following a hearing, finding that the opinions from all of the treating doctors were consistent with each other, and showed a pattern of documented pain and fatigue.

If you are planning on applying for SSD benefits, we cannot stress enough the importance of speaking with your treating doctors first, to confirm that they will support your claim, and will be willing to attest to the restrictions and limitations that prevent you from working any fulltime job.

Strokes

According to the CDC, approximately 800,000 people in the United States have a stroke every year, causing many of them to be paralyzed.

We represent a 41 year old physician's assistant from Wading River who suffered a stroke, leaving him with left sided hemiparesis, vision loss, and post stroke epilepsy.  We provided the State agency with supportive medical evidence from our claimant's treating providers, yet they still "needed" to send our client to a Consultative Exam ("CE").  We asked the State agency to send us in writing what information they contended was missing so we could request that information from our client's doctor, who Social Security cites as the "preferred" sources for information.

Once the State agency received the requested information, they approved our client's application, proving once again, that the CE was not needed.  Our client was very appreciative that we avoided the necessity for him to have to go for the CE.

Long Covid

COVID pandemic may be over for most of us, but it's not over for those people suffering from Long COVID.  According to the Mayo Clinic, common symptoms of long COVID include extreme fatigue, problems with memory, lightheadedness or dizziness, sleep problems, shortness of breath and headaches.  These symptoms can last weeks, months, and in many cases years.

We represent a 48 year old Underwriting Analyst from Williston Park, whose Social Security Disability ("SSD") benefits were approved by ALJ Linda Stagno, On The Record "OTR".  After reviewing the same medical records that the State agency doctors reviewed, ALJ Stagno recognized the obvious severity of our client's condition and approved the OTR.  This illustrates the waste of time spent by the Stage agency, whose doctors continue to deny people who have sufficient supportive medical evidence to be approved.

It may seem obvious to a claimant that their medical condition renders them disabled from working a fulltime job.  However, it is not so obvious to Social Security, which is why you should retain an experienced disability attorney who understands exactly what is needed to obtain a successful outcome.  Our office in Melville, Long Island offers free phone consultations for anyone considering applying for disability benefits.

Veteran Approved for SSD

When a veteran applies for disability through the Veteran's Affairs ("VA") Department, when they are approved, they get a disability rating based on the severity of their medical condition.

We represent a 50 year old former electrician from Manhasset, NY, who suffers from severe PTSD, major depressive disorder, acute stress disorder, and back problems.  The VA gave him a rating of 100% disability based on the severity of his conditions.

It would seem obvious that Social Security would find him disabled based on the VA's rating.  However, the State agency denied him both at the initial application and at the reconsideration level, even though he had strong support from his doctors, and we provided them with his VA disability approval.

Today, administrative law judge ("ALJ") Michelle Allen issued a Fully Favorable decision, finding all the evidence we submitted from his doctors and the VA supported finding him disabled.

Even though to many people applying for disability, it seems obvious that they qualify for Social Security Disability ("SSD") benefits and should be approved, their outcome is not always favorable.  It is imperative to retain an experienced, knowledgeable disability attorney who knows what medical evidence is needed for a favorable outcome.  Medical records alone are not enough to win an approval for SSD benefits.

Our Melville, NY office offers free phone consultations for anyone considering applying for SSD benefits.  We will discuss our strategy to provide you with what information you would need to have a strong, successful claim to win your case.

  

Rare OTR

It has become increasingly rare for an Administrative Law Judge ("ALJ") to approve an on the record ("OTR") request, and when they do, it typically is for individuals over 50 years of age.  Social Security recognizes that people over 50 may have difficulty adapting to new job requirements, and possess fewer transferable skills, which is why approval of OTRs are more likely if the claimant is older than 50.

We represent a 48-year-old claimant from Williston Park, NY, who suffers from Long Covid. Her symptoms include severe migraines, brain fog, chronic joint pain, and pulmonary problems. The claimant's physicians provided detailed medical records and impairment questionnaires to support her claim. Although her case was very strong, it was denied at the initial application and reconsideration levels by the State agency.

We appealed her claim, and a hearing was eventually scheduled with ALJ Linda Stagno at the Long Island hearing office. Despite the claimant being 46 years old at her onset date, we submitted an OTR due to the substantial medical evidence from her doctors.

ALJ Stagno approved the OTR, and issued a Fully Favorable decision. Our client was overwhelmed with gratitude. The favorable outcome of this claim underscores the importance of retaining an experienced disability attorney if you are planning on applying for Social Security Disability (“SSD”) benefits. Our office in Melville, NY offers free phone consultations. Our primary goal is obtaining approvals for our clients while also alleviating the stress associated with applying for SSD benefits independently.