Too Long

We represent a 55 year old construction worker from St. James with hip and spine impairments, whose Social Security Disability (“SSD”) benefits were approved today, six months after we filed his application.  While we are glad that we were able to obtain SSD benefits without the need for a hearing, six months was still too long a time for the approval.

Based on the claimant’s work history, age and education, he was entitled to SSD benefits under the medical-vocational rules even if he were physically able to perform “light work.”  Light work is more strenuous than sedentary, desk work.

The claim file contained close to 1,500 pages of medical records.  There were plenty of objective diagnostic test results that showed the claimant would be unable to stand and walk for the requisite 6 hours a day to perform light work.

Social Security has many excuses when we challenge their delay tactics.  The undeniable fact is that if we do not constantly call the local office, and the Stage agency analyst handling our clients’ claims, the delays would be much longer.  Do not accept their perpetual cycle of delays.  Call our office for a free phone consultation, whether you are considering applying for SSD, or if you applied on your own and realize that you need an experienced disability attorney to navigate the administrative process.  Our offices are located on Long Island in Nassau and Suffolk counties.

 

LTD Benefits Reinstated

We represent a claimant whose long term disability (“LTD”) benefits were denied by Lincoln Life.  After we filed suit Fredrich v. Lincoln Life and Annuity Co. of N.Y., 2022 WL 1537162 (E.D.N.Y. 05/13/2022)  Lincoln approved LTD benefits on June 22, 2022, and paid past due benefits.  However, last month, Lincoln terminated the LTD benefits.  We requested the claim file, and began gathering medical and vocational evidence for the appeal.

When I reviewed the claim file, I found notes dated February 28, 2023, from the Lincoln claim handler who terminated the LTD benefits.  Her notes stated that a peer review dated February 27, 2023, supported the claimant being disabled from August 1, 2020 to present and ongoing, and that the claim would be re-evaluated in three months.  Therefore, I sent a letter to the Lincoln claim handler on March 9, 2023, asking why she terminated benefits if the file was not even due to be reviewed for another three months.  Perhaps more importantly, I asked what medical tests, exam findings, and symptoms, did Lincoln contend changed after June 22, 2022, which Lincoln believes shows the claimant was no longer disabled.

I received a call today from Lincoln’s LTD Manager.  After reading the March 9, 2023, the LTD Manager agreed that the claimant remained disabled, and advised me that Lincoln was reinstating LTD benefits.  While the claimant had already incurred some costs in obtaining updated reports, he was happy to receive an expeditious reversal of the termination.

This is the second time in a week where an insurance company reversed its adverse disability decision, and we obtained a favorable outcome for our clients' LTD claims.  You need an attorney representing you when navigating the LTD claim and appeal process.  Lincoln would not have reversed itself if the claimant had been unrepresented.  Call our office for a free phone consultation.  We are located on Long Island, with offices in both Nassau and Suffolk counties.

 

Hartford Settles

Nearly three years after commencing an action against Hartford to recover long term disability (“LTD”) benefits, and a few months after getting Hartford to start paying monthly LTD benefits, we have an agreement in principle to settle the remaining cause action in connection with a buy-out of the claimant’s future benefits.

Disability insurance companies, like Hartford, are notorious for deciding to deny LTD claims before they have even started reviewing a claim, and for terminating benefits without a medical reason, they just want to avoid paying the claim anymore.  The disability insurance companies only care about their profitability.  They do not care about claimants, which is why you need an experienced disability attorney to represent you for your LTD claim.   Our office offers a free phone consultation with offices located on Long Island in Nassau and Suffolk counties.

Witnesses

Many people seeking Social Security Disability (“SSD”) benefits do not include third party support statements when applying, or have third parties testify at hearings.  Having witness attestations should not be overlooked.

We represent a 57 year old Financial Vice President from Queens Village with spine impairments.   The claimant had two SSD applications that were denied before we were retained.   The good news is that we succeeded in getting the claimant’s third application approved on-the-record without a hearing.  The bad news is that the ALJ would not reopen the prior applications, which resulted is a substantial loss of benefits.

One difference in the third application was a report from the claimant’s friend, which the ALJ specifically considered in accordance with Social Security Ruling (SSR) 16-3p.  Specifically, he considered the personal observations in terms of how consistent those observations are with the claimant's statements about their symptoms as well as with all of the objective medical evidence in the file. Third party statements are not evaluated using the same criteria as medical source statements; however, they were considered to complete the narrative of the claimant's subjective complaints in accordance with accordance with and 20 CFR 404.1520b(c) and 416.920b(c).

The claimant made the right decision when he realized that he needed to retain an experienced disability attorney after filing on his own, and being denied twice.  We cannot emphasize enough the importance of  his decision.  Please feel free to call our office for a free phone consultation if you are considering applying for SSD benefits.  We are located on Long Island with offices located in both Nassau and Suffolk counties.