Nystagmus

Nystagmus is a condition where the eyes move rapidly and uncontrollably, that causes reduced vision and depth perception, and can affect balance and coordination.  The involuntary eye movements, which can occur from side to side, up and down, or in a circular pattern, prevent the eyes steadily viewing objects.  People with nystagmus hold their heads in unusual positions to compensate for the condition.  Fatigue and stress can make nystagmus even worse. Even disregarding the effect that fatigue and stress has on nystagmus, nystagmus can be disabling.

We represent a claimant with nystagmus from West Hempstead, who had to prove that he was disabled before he turned 22 years old.  There was evidence that the claimant’s visual acuity with glasses was 20-200 after he turned 22, which meets a listing.  However, records before he turned 22 were sparse because his treating doctor had retired.

At the hearing, a medical expert (“ME”) testified that while it was unclear if the claimant met a listing before he was 22, his ability to see was  definitely equal to 20-200 or worse before he turned 22.  The ME explained that the claimant’s borderline visual acuity was exacerbated by the nystagmus because it required the claimant to look at odd angles as opposed to straight ahead, and objects would not remain still.

After hearing the ME’s testimony, the administrative law judge (“ALJ”) agreed that it would be unnecessary to ask the vocational expert to testify, which meant that the ALJ intended to approve the claimant’s benefits.

The claimant originally applied on his own, and was denied.  He retained us after the denial, and we made certain to obtain all the medical evidence that we needed to get his claim approved.  If you are planning on applying for Social Security Disability, it is in your best interest to hire an attorney who specializes in disability claims.   My office offers a free phone consultation and has offices conveniently located on Long Island in both Nassau and Suffolk counties.

SSD Wait Times Increase

This pandemic has taken a toll on so many people, but none so much as the disabled.   We have always told our clients, whether we are applying for Social Security Disability ("SSD") benefits or Supplemental Security Insurance ("SSI") benefits, that the wait time from the initial application to the initial decision can easily take half a year.  Last year, there was a significant decrease in the number of people applying for SSD or SSI benefits; due in large part to the fact that the local Social Security offices have been closed to the public since March 2020, due to Covid.  Many people who would have gone into a local Social Security office to file an application have yet to file, even though they are in dire need of benefits.  That is why it is so tragic that there are close to one million people waiting for a decision for their initial application or reconsideration.

Increase in Benefits

In a time where everything seems to be going wrong, something actually went right.  This year, people with disabilities who receive benefits from the Social Security Administration ("SSA"), will see a 5.9% increase in their checks, starting this month.  This is the largest annual increase to the cost of living adjustments ("COLA") since 1982.   Beneficiary's will receive a letter in the mail from the SSA, and can also check the amount of their increase through their online account at ssa.gov.

Objective Medical Evidence Remains Key

People usually seek disability benefits because their symptoms are too severe for them to work.  As a result, these disability claims require adjudicators to make credibility determinations.  When it comes to Social Security Disability (“SSD”) benefits, an administrative law judge (“ALJ”) frequently has to make that determination.

We represent a 55 year old claimant from St. Albans who worked as a mail processor and home health aide with musculoskeletal impairments.  I supplied the ALJ with legal opinions where the vocational experts testified those occupations provided no transferable skills.  As a result, the Medical-Vocational Rule required finding the claimant disabled if she were limited to sedentary work.

I had previously filed a report from the claimant’s orthopedist, who provided less than sedentary functional assessments.  Moreover, I had filed an EMG report that revealed chronic L5-S1 and C5-C6 radiculopathies, and eight (8) MRI reports revealing serious impairments in the thoracic, cervical and lumbar spine, both shoulders and elbows, and the right knee.  That wealth of objective diagnostic test data is uncommon.

In light of the quantity and quality of the test reports, and the fact that the claimant had a 35 year work history, the case seemed ripe for an on-the-record (“OTR”) decision.  Both of those factors strongly support a claimant’s credibility.  ALJ Crawley agreed, and approved the OTR, which eliminated the claimant’s need to attend a hearing.

Another Win in Federal Court

U.S.D.C. Judge Gary Brown took the Social Security Administration (“SSA”) to task for denying our client’s claim for years, and ordered the SSA to pay her benefits.

Judge Brown criticized the SSA for its dilatory practices involving Social Security Disability (“SSD”) claims, which includes delaying litigation by moving for extensions of time to file the administrative record (“AR”).  While Judge Brown rejected my opposition to the SSA’s motion to extend the time to file the AR, in today’s decision he indicated that he may deny similar extensions in the future.

Judge Brown also criticized Administrative Law Judge (“ALJ”) Brian Crawley, whose decision Judge Brown called “indefensible,” involved “crucial errors,” and was “rife with error.”  The SSA agreed that it could not defend ALJ Crawley’s decision.  Nonetheless, the SSA told Judge Brown that the case should be remanded so ALJ Crawley could review the case again.  Judge Brown refused to do so.

To avoid “the seemingly interminable review cycle,” the SSA was ordered to pay the claimant SSD benefits.  Judge Brown asked if it was readily apparent to the SSA that the ALJ’s decision was unsupported, then, “why did reaching this fairly obvious decision require so much time, effort and expense?”

The answer to Judge Brown’s question is a cynical policy that the SSA has seemingly taken in recent years.  The denial rate of the State agencies that make the initial benefit decisions has remained steady, but the ALJ denial rate has increased over the years.  More importantly, the SSA has precipitously reduced the percentage of cases that it approves and remands since 2016.  The SSA must believe that many claimants will not go to court, and if they do, then the court will decide if a remand is needed.  The SSA has foisted its obligation to determine if a remand is needed onto the courts.  The SSA probably hopes that the courts will respond by denying more cases in order to discourage appeals, and even if they do not, it significantly delays the time when the SSA has to pay benefits.  The SSA does not pay interest on past due benefits.

This is our second Federal case in recent months that has been approved solely for calculation of benefits.  Our client would have given up a long time ago, if she had applied on her own.  And this is what the SSA hopes for.  But we do not give up,  so if you need a disability attorney who will fight for you, then please call our office.  We offer a free phone consultation and have offices on Long Island in both Nassau and Suffolk counties.

 

 

 

ANS Disorder

The autonomic nervous system (“ANS”) regulates virtually all of our body functions and systems, including blood pressure, pulse, heart rate, body temperature, breathing, sweating, digestion, swallowing, bowel function, sleep patterns, urination, and sexual response.   An ANS disorder can affect all or part of the ANS, which obviously can cause seriously disabling problems. An ANS disorder can be caused by other medical conditions.

According to the CDC, “myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS) is a disabling and complex illness.”  Studies have found that ANS dysfunction symptoms were strongly associated with ME/CFS.

We were retained by a 35 year old former attorney from Great Neck after he was denied Social Security Disability (“SSD”) benefits based upon ME/CFS.  We secured various sources of medical records and reports.  SSD benefits were approved on reconsideration, without having to wait for a hearing, after we demonstrated how the claimant’s comorbid ANS disorder and ME/CFS precluded any type of full time activity.

Our claimant is overwhelmed with gratitude over the speed in which we were able to get him approved, and because he won't have to suffer through a hearing.  Even though he is an attorney, he realized that he needed to retain an attorney who specialized in disability, and that he shouldn't be handling the claim himself.  He found us on AVVO, and based on the reviews, decided to call us for a free phone consultation, and then retained us.  You can call us for a free phone consultation if you plan on applying for disability.  We have offices on Long Island in both Nassau and Suffolk counties.

Pain Management

We represented two claimants with orthopedic  impairments seeking Social Security Disability (“SSD”) benefits at hearings with administrative law judge (“ALJ”) Patrick Kilgannon today.  One was a 49 year old insurance agent from Syosset, and the other was a 33 year old Day Care Assistant from Baldwin.  What they had in common were extensive pain management records and diagnostic tests.

It is difficult to prove pain.  It is common sense that a pain management specialist is uniquely qualified to determine the extent to which pain affects a claimant’s functionality.  A pain management specialist’s opinion regarding the subjective effect of pain is bolstered when there is “objective” evidence of an impairment that can cause pain.

For each claimant, we submitted a significant quantity of pain management treatment notes, electrodiagnostic test reports, and functional restrictions and limitations from the treating pain management specialists.  As a result, the ALJ made clear that both claimants would be entitled to receive SSD benefits.

Our clients could not be happier with the outcomes of their claims.  One of the claimants retained us after she had applied on her own and was denied.  We appealed her claim and took over from there.   It is always a wise decision to retain an attorney who specializes in disability if you find yourself in a position where you need to apply for disability.  Please feel free to call our office for a free phone consultation.  Our offices are located on Long Island in both Nassau and Suffolk counties.