Federal Court Win

Yesterday, District Court Judge Ann Donnelly rejected the decision of administrative law judge (“ALJ”) Sommattie Ramrup, who had denied Social Security Disability (“SSD”) benefits to my client, who was a petition clerk from Brooklyn, and who suffers from depression. 

Judge Donnelly concluded that ALJ Ramrup had cherry picked medical findings as an excuse to substitute her judgment for the opinions of the claimant’s psychiatrists. Judge Donnelly indicated that the claimant met listing 12.04, but remanded the case anyway so the ALJ can “”re-evaluate” the treating psychiatrists’ opinions. Judge Donnelly also indicated that if ALJ Ramrup does not find that the claimant meets listing 12.04, then she must ensure that the hypothetical question she poses to a vocational expert reflects the claimant’s actual limitations.

 

Whether you are thinking of applying for SSD, or have applied on your own and realize you need an attorney who specializes in disability, please feel free to call my office for a free telephone consultation.  We are conveniently located on Long Island in both Nassau and Suffolk counties. 

Waiting for SSD

It seems to be common knowledge that applying for Social Security Disability ("SSD"), and then waiting for a decision, is a very slow process. On a daily basis, clients ask us how are they supposed to support themselves and pay their bills while waiting for a decision from Social Security? Unfortunately, there is no good answer. The more you work, the more Social Security ("SS") will argue that you are not disabled. But even more heart wrenching, and less commonly known, is the amount of people that pass away while awaiting a decision from SSD. Over the years, we have had clients pass away while waiting for their hearing or decision. As we work very closely with our clients, and develop a relationship with them and some of their family members, it is very difficult and frustrating for us when a client passes away. 

The system is broken in so many ways, and has only gotten worse over the last several years. We have no choice, but to continue to wait and hope that SS gets the help and funding it needs, so people's lives are not ruined while they wait for a decision from SS.

State Agency Employee Fraud

HALLEX I-1-3-9 requires an Administrative Law Judge (“ALJ”) to refer a State agency adjudicator suspected of fraud to refer the matter to the Office of Inspector General (“OIG”).

We represent a Social Security Disability (“SSD”) claimant from East Meadow with spine problems. Reports from adjudicators named M. Jackson and M. Censor said the treating physicians were not allowed to do the claimant’s consultative examination (“CE”) because “Prior experience raises a question as to the objectivity, accuracy, or validity of the evidence from the source(s).” 

The adjudicators conspicuously failed to identify the actual name of the medical source or sources whose prior experience was questioned. We contacted the claimant’s medical sources about their prior experience with the State agency, and none of them stated that they have had any prior experience with it. 

Knowingly making a false boilerplate assertion in order to prevent a treating doctor from performing a CE is fraud. I asked the ALJ to issue a subpoena for the attendance of the adjudicator at the claimant’s hearing for cross-examination. Additionally, I asked the ALJ to notify the OIG about the potential misconduct, especially since was no reason to suspect that it had been limited to this one case. 

The ALJ did not make the adjudicator available for cross-examination, and it is unclear if the ALJ referred the matter to the OIG. If anyone waiting for a hearing has a file with similar boilerplate language from an adjudicator, then request that the matter be referred to OIG. Such misconduct should not be overlooked or condoned. 

If you are looking for an attorney on Long Island who specializes in disability claims, please call my office for a free phone consultation.