A fairly regular question is how much weight should Social Security give to the opinion of a workers compensation (“WC”) doctor. Federal courts usually hold that reports from WC doctors are not substantial evidence because their conflict of interest may have dictated their contents.
We represent a 49 year old security guard from Levittown with back and cardiovascular vascular problems whose Social Security Disability (“SSD”) application was approved today despite an adverse report from a WC doctor. While we pointed out how federal courts treat WC medical opinions, the administrative law judge (”ALJ”) rejected the WC report on different grounds. The ALJ found that the opinion of the WC doctor was rendered solely for the purpose of determining disability under WC, which used standards and criteria that are different than Social Security.
It is imperative to address any negative evidence in the file at an SSD hearing, if not sooner. The ALJ might have relied on the WC medical opinion if we had not done so.
This is another example of why it is so important to retain an attorney who specializes in Social Security Disability when applying for SSD benefits. If you are considering applying for SSD, please call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
Friday, June 26, 2020
Saturday, June 6, 2020
Updating Records
Claims for Social Security Disability (“SSD”) benefits have always proceeded slowly, and the pandemic has only compounded matters further. As a result, an SSD claimant can wait close to two years for a hearing. Consequently, medical reports and records can become stale by the time the hearing arrives.
We represent a 50 year old truck driver from Plainview with knee, back and shoulder problems whose SSD application was filed in 2018. His hearing was transferred to another hearing office, which then rescheduled the date of the hearing.
The medical evidence that had been submitted would be a year old by the new hearing date. Although complicated by pandemic, we were able to obtain and submit updated reports. Shortly afterwards, we were notified that the claimant’s SSD application would be approved on the record, and the therefore, there was no need for a hearing.
If you are planning on applying for disability, or have already applied and are looking for legal representation, please feel free to call our office for a free phone consultation. Our offices are conveniently located on Long Island in Nassau and Suffolk counties.
We represent a 50 year old truck driver from Plainview with knee, back and shoulder problems whose SSD application was filed in 2018. His hearing was transferred to another hearing office, which then rescheduled the date of the hearing.
The medical evidence that had been submitted would be a year old by the new hearing date. Although complicated by pandemic, we were able to obtain and submit updated reports. Shortly afterwards, we were notified that the claimant’s SSD application would be approved on the record, and the therefore, there was no need for a hearing.
If you are planning on applying for disability, or have already applied and are looking for legal representation, please feel free to call our office for a free phone consultation. Our offices are conveniently located on Long Island in Nassau and Suffolk counties.
NYS OTDA
The New York State Office of Temporary & Disability Assistance (“OTDA”) continues to order Social Security Disability (“SSD”) claimants to be examined by IMA Disability Services for consultative examinations (“CE’s”) under questionable circumstances.
The regulations state that OTDA may decide a CE is needed, but only “If we cannot get the information we need from your medical sources.” The OTDA ignores the regulations. On a continuing and regular basis, the OTDA orders claimants to go to IMA for a CE without any attempt to obtain any information from claimants’ medical sources.
We filed an SSD application for a 32 year old salesperson from East Meadow with mental impairments. A few weeks later, the OTDA insisted that the claimant attend an IMA CE, even though we had already provided disability reports and narrative medical summaries and explanations, from the claimant’s psychologist. The OTDA never made any written or oral request for records from the claimant or his doctors, which we also provided.
We objected to the CE. We asked that the OTDA identify what additional information they contended had not been submitted, and that we would ensure that the claimant’s doctors would provide it. As usual, the OTDA ignored our letter, simply sent another notice that ordered the claimant to attend to the CE. In response, we told OTDA that any CE needed to obtain additional information would have to be conducted by telephone because he has agoraphobia. OTDA said they would see what their doctor said about the agoraphobia.
We did not hear back from OTDA about the CE. However, the OTDA did approve the claimant’s SSD application.
This is another example of why it is beneficial to be represented by an attorney who specializes in disability law when you file a claim for benefits. I have helped thousands of clients obtain SSD benefits, many of whom would have been denied. Please feel free to call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
The regulations state that OTDA may decide a CE is needed, but only “If we cannot get the information we need from your medical sources.” The OTDA ignores the regulations. On a continuing and regular basis, the OTDA orders claimants to go to IMA for a CE without any attempt to obtain any information from claimants’ medical sources.
We filed an SSD application for a 32 year old salesperson from East Meadow with mental impairments. A few weeks later, the OTDA insisted that the claimant attend an IMA CE, even though we had already provided disability reports and narrative medical summaries and explanations, from the claimant’s psychologist. The OTDA never made any written or oral request for records from the claimant or his doctors, which we also provided.
We objected to the CE. We asked that the OTDA identify what additional information they contended had not been submitted, and that we would ensure that the claimant’s doctors would provide it. As usual, the OTDA ignored our letter, simply sent another notice that ordered the claimant to attend to the CE. In response, we told OTDA that any CE needed to obtain additional information would have to be conducted by telephone because he has agoraphobia. OTDA said they would see what their doctor said about the agoraphobia.
We did not hear back from OTDA about the CE. However, the OTDA did approve the claimant’s SSD application.
This is another example of why it is beneficial to be represented by an attorney who specializes in disability law when you file a claim for benefits. I have helped thousands of clients obtain SSD benefits, many of whom would have been denied. Please feel free to call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
Wednesday, May 27, 2020
Disability Insurance Approvals
Disability insurance companies are working remotely because of the pandemic, which has slowed down the processing of claims. Nonetheless, decisions are getting made.
We represent a 60 year old finance manager from Glen Cove with cancer whose Disability Insurance (“DI”) application was approved by Mutual of Omaha. We also represent a 55 year old business analyst from North Babylon with back problems whose Long Term Disability (“LTD”) application was approved by MetLife.
Navigating the claims process is more cumbersome during the pandemic, and requires more effort than usual. Obtaining medical records when doctors’ offices are barely staffed is difficult, and claimants even have trouble being able to schedule appointments.
It is risky for an insured to try to navigate a disability insurance claim on their own. While it may seem the insurance company is on your side, they are not. Please feel free to call my office for a free phone consultation. We are conveniently located on Long Island in Nassau and Suffolk counties.
We represent a 60 year old finance manager from Glen Cove with cancer whose Disability Insurance (“DI”) application was approved by Mutual of Omaha. We also represent a 55 year old business analyst from North Babylon with back problems whose Long Term Disability (“LTD”) application was approved by MetLife.
Navigating the claims process is more cumbersome during the pandemic, and requires more effort than usual. Obtaining medical records when doctors’ offices are barely staffed is difficult, and claimants even have trouble being able to schedule appointments.
It is risky for an insured to try to navigate a disability insurance claim on their own. While it may seem the insurance company is on your side, they are not. Please feel free to call my office for a free phone consultation. We are conveniently located on Long Island in Nassau and Suffolk counties.
Wednesday, May 20, 2020
What Was DDS Thinking
Sometimes the decision of the State agency adjudicator makes absolutely no sense. I represent a 54 year old school aide from East Meadow who suffered broken legs, neck, shoulder, ribs, arm, and multiple vertebrae with a TBI in a car vehicle accident on August 6, 2016, which was the alleged onset date (“AOD”). A State agency adjudicator named K. Vollmer said the claimant did not become disabled until February 7, 2018, which was the established onset date (“EOD”).
There was absolutely no evidence that the claimant’s medical condition got worse between the AOD and EOD. Common sense and logic dictate that the claimant’s condition would be worse immediately after the car accident, not two years later. If you ask a Kindergartner if a person would feel better right after a car accident, or two years later, I would bet everything I had that they would correctly answer the latter.
To make matters even worse, J. Diaz, a second State agency adjudicator, “thoroughly reviewed” the claimant’s file, and nonetheless, concluded that Vollmer was correct. It would seem highly unlikely that two people could independently arrive at the same moronic conclusion. It is more likely that Diaz blindly rubberstamped Vollmer’s decision.
Thankfully, administrative law judge (“ALJ”) Andrew Weiss ended the travesty. Upon reviewing the file, the ALJ determined that a hearing was not necessary, and approved the claimant’s Social Security Disability benefits. Unfortunately, the claimant had to wait over a year before the ALJ could correct the State agency’s obvious error.
My client initially applied on her own, believing that she would be approved easily, but was denied almost immediately. She was referred to me by her husband, a former client for whom we obtained SSD benefits. They are both very appreciative because they were unaware that they could appeal the onset date. This is another example of why it is important to retain a disability attorney if you plan on applying for SSD benefits. Please feel free to call my office for a free phone consultation. The office is currently closed due to the pandemic, but we are still able to take phone calls and work remotely. Our offices are conveniently located in both Nassau and Suffolk counties on Long Island.
There was absolutely no evidence that the claimant’s medical condition got worse between the AOD and EOD. Common sense and logic dictate that the claimant’s condition would be worse immediately after the car accident, not two years later. If you ask a Kindergartner if a person would feel better right after a car accident, or two years later, I would bet everything I had that they would correctly answer the latter.
To make matters even worse, J. Diaz, a second State agency adjudicator, “thoroughly reviewed” the claimant’s file, and nonetheless, concluded that Vollmer was correct. It would seem highly unlikely that two people could independently arrive at the same moronic conclusion. It is more likely that Diaz blindly rubberstamped Vollmer’s decision.
Thankfully, administrative law judge (“ALJ”) Andrew Weiss ended the travesty. Upon reviewing the file, the ALJ determined that a hearing was not necessary, and approved the claimant’s Social Security Disability benefits. Unfortunately, the claimant had to wait over a year before the ALJ could correct the State agency’s obvious error.
My client initially applied on her own, believing that she would be approved easily, but was denied almost immediately. She was referred to me by her husband, a former client for whom we obtained SSD benefits. They are both very appreciative because they were unaware that they could appeal the onset date. This is another example of why it is important to retain a disability attorney if you plan on applying for SSD benefits. Please feel free to call my office for a free phone consultation. The office is currently closed due to the pandemic, but we are still able to take phone calls and work remotely. Our offices are conveniently located in both Nassau and Suffolk counties on Long Island.
Tuesday, May 5, 2020
SSD Backlog
Statistics from the Social Security Administration ("SSA") show that working from home has increased federal employees' productivity, and actually reduced the backlog at the SSA local offices. So even though the employees from the local SSA offices are working from home, they are still processing new applications and appeals. Unfortunately, the same cannot be said for the State agency, who make the initial decision for Social Security, as they seem to be at a stand still.
COVID-19 Disability
According to a Johns Hopkins expert on lung disease, COVID-19, the disease caused by the new coronavirus, can cause lasting lung damage in at least three ways.
COVID-19 can lead to acute respiratory distress syndrome (ARDS), a form of lung failure, where patients are often unable to breath on their own and may require ventilator support to help circulate oxygen in the body. People who survive ARDS and recover from COVID-19 may have lasting pulmonary scarring.
COVID-19 can also lead to sepsis when an infection spreads through the bloodstream, causing tissue damage everywhere it goes. Sepsis, even when survived, can leave a patient with lasting damage to the lungs and other organs.
Because COVID-19 makes the immune system work hard to fight it, COVID-19 leaves the person more vulnerable to a different disease, which can result in additional lung damage. Permanent lung damage can adversely affect the ability to work. Like any chronic lung disease, the after effects of COVID-19 can result in severe fatigue that precludes even the easiest full time work.
If you suffer from a respiratory or lung disease, whether it's COVID-19 related or not, and you are unable to work, please feel free to contact my office for a free phone consultation.
COVID-19 can lead to acute respiratory distress syndrome (ARDS), a form of lung failure, where patients are often unable to breath on their own and may require ventilator support to help circulate oxygen in the body. People who survive ARDS and recover from COVID-19 may have lasting pulmonary scarring.
COVID-19 can also lead to sepsis when an infection spreads through the bloodstream, causing tissue damage everywhere it goes. Sepsis, even when survived, can leave a patient with lasting damage to the lungs and other organs.
Because COVID-19 makes the immune system work hard to fight it, COVID-19 leaves the person more vulnerable to a different disease, which can result in additional lung damage. Permanent lung damage can adversely affect the ability to work. Like any chronic lung disease, the after effects of COVID-19 can result in severe fatigue that precludes even the easiest full time work.
If you suffer from a respiratory or lung disease, whether it's COVID-19 related or not, and you are unable to work, please feel free to contact my office for a free phone consultation.
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