LTD Surveillance Games

We constantly warn our clients, who are applying for Long Term Disability benefits, or are receiving them, of the certainty of being surveilled.  Usually, the surveillance occurs over a 3 day period, but obviously you have no knowledge of when the surveillance will occur.  We advise our clients if they see a strange car by their house, or one following them, to call the police.  However, the LTD companies will stop at nothing to try and "catch" you doing something they believe proves that you are not disabled and use that information to deny or terminate your claim, even  for something as simple as walking your dog, or answering your front door.  They will pose as UPS workers, or sales people, nothing is too low for them.  So when we say be careful, we mean be careful.

SSA Strikes Again

Last week, we received a phone call from a former client, who received a disturbing and erroneous letter from Social Security's payment center in Baltimore.  The letter said they were terminating her Social Security Disability benefits ("SSD") benefits, and would be asking her for money back, because of her "significant earnings" over substantial gainful activity ("SGA").  The client's application was approved in January 2022.  Before securing her SSD benefits, we had to submit evidence showing the client was not working, and that her income was from a pension.

Even though our representation ends when a client's application is approved, we still called the local office in Mineola, as well as the payment center who sent her the letter, on her behalf.  As usual, neither Mineola nor the payment center would take any responsibility for the error.  The Mineola office said the client would have to have her former employer complete a form, and the payment center said they would "send a note to a benefits authorizer to look into it."  The representative we spoke with at the payment center claimed she had no idea what to do.  Worst of all, there was no urgency or remorse for our client's situation from either the Mineola office or the payment center.  Just imagine their urgency if their income were being terminated.

Today, we received a phone call from another former client who received a similar letter from Social Security.  The letter stated that Social Security was terminating her benefits due to the fact that she was "working," and said that she immediately had to repay $60,000.  Again, when our client was approved, Social Security knew that she was receiving pay for unlimited sick days.

The client called her local district office in Jamaica, and was told that she would have to appeal the decision.  Therefore, not only are her SSD benefits being terminated, but Social Security also wants her to pay them $60,000, and to file an appeal, even though she has not worked since she was approved.  To make things even worse, the problem is wholly due to Social Security's own error.

Lightning doesn't strike twice.  These letters indicate that Social Security has embarked on a program that terminates SSD benefits without due process.  The program shakes down claimants who are lawfully receiving SSD benefits after administrative law judges already accepted the claimants' receipt of passive income.  No one at Social Security ever contacted either one of our clients to ask them if they were working.  If they had, then they would have known that the clients were not working, and that they were receiving passive income, which does not affect their entitlement to SSD benefits.

We advised both clients to do two things.  First, to contact their local offices again.  Second, to contact their congressional representatives, and the media, about Social Security's actions, how they were being treated, and that Social Security is taking absolutely no responsibility for their errors, and does not even care.

If you receive a letter like this, you should immediately contact your local Social Security office, as well as your congressperson or senator, and the media.

Neurogenic Claudication

Neurogenic claudication is the most common symptom of lumbar spinal stenosis.  It refers to intermittent leg pain from impingement of the nerves emanating from the spinal cord.  The symptoms of neurogenic claudication include pain, tingling, or cramping in the lower back and one or both legs, hips, and buttocks, as well as weakness or heaviness in the legs.

We represent a 59 year old from Babylon with neurogenic claudication, who worked as a nurse.  The State agency was holding up her Social Security Disability (“SSD”) application because she did not want to attend a consultative examination.

The SSD application was supported by MRI testing.  However, shortly after we submitted a copy of her lumbar laminectomy operative report, whose postoperative diagnosis was lumbar stenosis with neurogenic claudication, her benefits were approved.  While an operative report is not a diagnostic laboratory test, it is just as persuasive as objective testing.

It is important to retain an experienced disability attorney who knows what medical records and reports support a claimant's disability.  Our offices, located on Long Island in Nassau and Suffolk counties, offer a free phone consultation for anyone who is thinking of applying for SSD or has already applied and looking for legal representation.

EMG

Back pain has been the leading claim for Social Security Disability (“SSD”) benefits.  The question frequently arises, why do some claims based on back pain get approved, and vice versa.  When it comes to lumbar spine impairments, the answer is usually depends on what diagnostic evidence is provided.

We represent a 45 year old with back pain from Selden, who worked as a heavy equipment operator.  The State agency approved the SSD benefits relatively early in the application process.  What made this case different?

The claimant’s neurologist submitted an EMG, which the doctor described as extensive evidence of neuropathy.  The State agency and the Social Security Administration frequently disregard the opinions of claimants’ doctors, especially since the treating physician rule has been eliminated.  However, when the opinion of a claimant’s physician is accompanied by significant diagnostic testing, then that opinion is much more likely to be accepted.

Chronic Pain Fog

Pain adversely effects cognition.  Research shows that the more widespread the pain, the bigger the memory deficits. As WebMD points out, pain interferes with concentration and staying on task, and executive functioning.

Social Security constantly posits that if a disability applicant has a cognitive issue, such as concentration or staying on task, then it must be because they have a mental impairment.  Consequently, the State agency automatically directs such claimants to attend consultative examination (“CE”) for a “mental problem” in addition to a CE for the physical impairment.

If you do not have a mental problem, then there is no need to attend a CE for a mental problem because the cognitive problem is not due to a psychological disorder.  The irrelevant CE is a waste of time, usually delays processing the application, and can become the focus for denying benefits, regardless of the limitations resulting from the physical impairment.

We represent a 61 year old from Pennsylvania with multiple physical conditions that prevented him from continuing to work as a manager.  The State agency wanted him to go to a psychological CE because of his concentration problems.  We insisted that his concentration issues were due solely to his chronic pain, and he was not alleging a mental impairment.  The claimant was approved for Social Security Disability benefits the following week.

If you are thinking about applying for SSD benefits, it is in your best interest to retain an attorney who specializes in disability.  Our offices are located in Nassau and Suffolk counties on Long Island.  Please call us for a free phone consultation.

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.

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.