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.

Alzheimer’s Disease

The CDC determined that Alzheimer’s disease is the most common type of dementia.  This insidious condition is a progressive disease beginning with mild memory loss that can result in the inability to carry on a conversation and respond to the environment as it affects thought, memory, and language.  Alzheimer’s can prevent a person from being able to to carry out daily activities.

We represent a 52 year old from Fresh Meadows afflicted with Alzheimer’s who worked at a senior level for a large international advertising conglomerate.  Because of her medical condition, we had to deal with the claimant’s spouse, who was understandably under a great deal of emotional and financial stress.

By marshaling the requisite medical and vocational information, we were able to obtain both Long Term Disability (“LTD”) and Social Security Disability (“SSD”) benefits quickly.  The LTD and SSD application processes are not simple, and we are happy that at least we were able to help with the financial stress.

Disabling Migraine Headaches

You do not need to have experienced a migraine headache to recognize that they can be utterly disabling.  When seeking Social Security Disability (“SSD”) benefits, the problem is establishing how migraines disable you.

We represent a 49 year old psychologist from Syosset whose migraines gradually compelled her to reduce working from a full time basis to a very limited and irregular part time basis.  Retaining a vocational expert (“VE”) is helpful by explaining how functional limitations resulting from migraines impacts the ability to work.  The question becomes, how do you demonstrate that you have functional limitations due to migraines.

Our client was treated for migraines by a neurologist as well as a migraine specialist.  We obtained protracted treatment records for headaches, and testimony from multiple sources about how the claimant needs to lie down and avoid noise, light, and warmth when having migraines.  We also submitted reports that opined, among other things, how the claimant’s migraines would result in her being off task and absent from work.

The administrative law judge accepted the treating doctors’ limitations, found the claimant was unable to sustain any full time activity, and ruled that she was entitled to SSD benefits.

State Agency Notices

Some things never seem to change.  In 2018, I wrote about a persistent problem that claimants face when applying for Social Security Disability benefits.  In 2019, I wrote how the State agency sends claimants a letter stating that “it is necessary” to be examined by a doctor from IMA Disability Services (“IMA”).  However, these consultative examinations are rarely “necessary.”

According to Merriam Webster, “necessary” means required.  However, under the regulations, the State agency rarely meets the criteria for a claimant to submit to a consultative examination by IMA.  For years I have been asking for an investigation into the IMA boondoggle, but that request has fallen on deaf ears.

We represent a 56 year old from Great Neck with orthopedic problems and prostate cancer, who had worked as a security supervisor.  He received six (6) letters from the State agency insisting that

“IT WILL BE NECESSARY FOR YOU TO BE EXAMINED BY THE SPECIALIST NAMED BELOW,” which was IMA.  The claimant was approved today without having needed to attend a hearing, and without having been examined by IMA.  These misleading State Agency letters should stop.

If our client had not retained us, he would presumably have attended those examinations, and wouldn’t have known that he wasn’t required to go to them, and the outcome could have been very different.   You should plan on retaining a disability attorney if you are thinking about applying for SSD.  Your attorney has your best interests at heart; Social Security does not.  Please call one of our Long Offices for a free phone consultation.  We have offices located in both Nassau and Suffolk counties.

Rheumatoid Arthritis

We represent a 51 year old warehouse manager from Plainview with Rheumatoid Arthritis. Like most listings the Social Security Administration (“SSA”) has made the listing for Rheumatoid Arthritis more difficult to meet. Nonetheless, we were still able to get the claimant’s application for Social Security Disability (“SSD”) benefits approved without having to wait for a hearing.

The SSA has determined that most unskilled sedentary jobs require good use of both hands and the fingers; i.e., bilateral manual dexterity. As the Mayo Clinic has noted, “rheumatoid arthritis tends to affect your smaller joints first — particularly the joints that attach your fingers to your hands.”

We submitted the relevant diagnostic and clinical medical evidence showing that rheumatoid arthritis had attacked the claimant’s hands. We also submitted medical evaluations from the claimant’s treating specialists explaining how the rheumatoid arthritis limited the claimant’s ability to use his hands. Apparently, because the claimant lacked bilateral manual dexterity, he was found disabled under the “Grid” rules.