Thursday, May 11, 2023

Disability Synergy

The Social Security Administration is required to consider the combined effect of all your medical impairments when determining if you are disabled.  Thus, even if none of your impairment renders you disabled, you can still be found disabled by the combined impact of all them.  We represent a 56 year old financial planner from Manhasset with cervical radiculopathy and Crohn’s disease that illustrates the aforementioned synergistic principle.

The claimant’s application for Social Security Disability (“SSD”) benefits was denied by the State agency.  When the case proceeded to a hearing, the administrative law judge (“ALJ”) sounded surprised when the medical expert testified that the claimant’s severe Crohn’s disease would pose no limitation on her ability to stay on task and avoid sick days.

The ALJ issued a fully favorable decision today.  Among other things, the ALJ accepted the treating physician's opinions  that the claimant would be absent from work more than three times per month, and would be off task greater than 20% of the workday, which would preclude all work.  He accepted these opinions without asking the Vocational Expert, assigned to the hearing, to testify, after my intense cross examination of their Medical Expert.

Only an experienced disability attorney would know how to navigate the hearing in order to obtain the approval of the claim.  Please call my office for a free phone consultation if you are considering applying for disability benefits.  Our offices are located on Long Island, in Nassau and Suffolk counties.

No comments: