Meeting SS Grid Rules

When applying for Social Security Disability (“SSD”) benefits, your likelihood of approval at the initial application stage increases significantly if you meet the criteria outlined under the “Grid Rules.”  These rules are designed to assess disability claims based on three main factors: your age, your highest level of education completed, and your past employment history.  Satisfying the Grid Rules can be crucial in securing benefits, as the Social Security Administration uses these benchmarks to determine whether a claimant can adjust to other work given their impairments.

I represent a 54 year old laborer from Port Washington, NY.   My claimant’s highest completed education was the 5th grade, and he began working as a laborer during his teenage years.  He remained in this occupation until health issues, specifically cardiovascular problems and musculoskeletal ailments, prevented him from continuing.  Social Security classifies the laborer role as an unskilled occupation, meaning it does not provide transferrable skills that could be applied to other types of work.

In this case, the client’s doctors provided substantial support by completing questionnaires that clearly detailed the patient’s restrictions and limitations.  These medical opinions, combined with the client’s age, limited education, and unskilled work history, created a compelling record that led to his approval at the initial application stage.  Although the State agency attempted to delay the decision by requesting a Consultative Exam (“CE”), the evidence provided from the client’s treating physicians was so strong and conclusive that the CE was ultimately canceled. The approval was granted based solely on the evidence already in the file.

Obtaining a favorable decision from the Disability Determination Services (“DDS”) has become increasingly difficult. Rather than thoroughly reviewing claimants’ files, DDS analysts often overlook submitted evidence.  In many cases, it falls upon us to identify and direct the analyst to the relevant documentation within the file.  Effectively, this means doing both our job and part of the analyst’s job to ensure the claim is properly considered.

This case underscores the importance of retaining an experienced disability attorney when applying for SSD benefits.  An attorney can ensure that all necessary evidence is submitted and highlighted for review, increasing the chances of a favorable and expeditious decision.  For those considering an application, my office, located in Melville, NY in Suffolk County, offers a free phone consultation to assist with the process and answer any questions.

Absenteeism Not Tolerated

 Applying for Social Security Disability ("SSD") benefits is rarely a simple process. Many people face denial, even when their health conditions clearly prevent them from working. One of our recent clients, a 37-year-old banking operations manager from St. Albans experienced this firsthand.

Our client was diagnosed with endometriosis, adenomyosis, fibroids, and uterine hypertrophy. These conditions caused severe pain and fatigue, making it impossible for her to maintain the demands of her profession. Despite this, her initial disability applications were denied by the Social Security Administration (the "SSA") twice.

Her physicians provided strong, detailed support explaining that, if she were employed, she would likely miss more than five days of work per month due to her medical conditions. The Administrative Law Judge recognized that no employer would even tolerate missing half that much time, and issued a fully favorable decision.

The SSA places significant weight on a medical provider’s assessment of a claimant's functionality.  Because a person's mental or physical limitations are rarely contained in medical records, special forms are needed from treating doctors.  Supportive doctors who are willing to complete these forms thoroughly and honestly should make all the difference. Medical input is virtually always the key to approval of SSD benefits. Our law firm ensures these opinions are properly documented and presented to the SSA.

If you or someone you know wants to file for SSD benefits, please contact our office for a free phone consultation.

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.