Veteran Approved for SSD

When a veteran applies for disability through the Veteran's Affairs ("VA") Department, when they are approved, they get a disability rating based on the severity of their medical condition.

We represent a 50 year old former electrician from Manhasset, NY, who suffers from severe PTSD, major depressive disorder, acute stress disorder, and back problems.  The VA gave him a rating of 100% disability based on the severity of his conditions.

It would seem obvious that Social Security would find him disabled based on the VA's rating.  However, the State agency denied him both at the initial application and at the reconsideration level, even though he had strong support from his doctors, and we provided them with his VA disability approval.

Today, administrative law judge ("ALJ") Michelle Allen issued a Fully Favorable decision, finding all the evidence we submitted from his doctors and the VA supported finding him disabled.

Even though to many people applying for disability, it seems obvious that they qualify for Social Security Disability ("SSD") benefits and should be approved, their outcome is not always favorable.  It is imperative to retain an experienced, knowledgeable disability attorney who knows what medical evidence is needed for a favorable outcome.  Medical records alone are not enough to win an approval for SSD benefits.

Our Melville, NY office offers free phone consultations for anyone considering applying for SSD benefits.  We will discuss our strategy to provide you with what information you would need to have a strong, successful claim to win your case.

  

Rare OTR

It has become increasingly rare for an Administrative Law Judge ("ALJ") to approve an on the record ("OTR") request, and when they do, it typically is for individuals over 50 years of age.  Social Security recognizes that people over 50 may have difficulty adapting to new job requirements, and possess fewer transferable skills, which is why approval of OTRs are more likely if the claimant is older than 50.

We represent a 48-year-old claimant from Williston Park, NY, who suffers from Long Covid. Her symptoms include severe migraines, brain fog, chronic joint pain, and pulmonary problems. The claimant's physicians provided detailed medical records and impairment questionnaires to support her claim. Although her case was very strong, it was denied at the initial application and reconsideration levels by the State agency.

We appealed her claim, and a hearing was eventually scheduled with ALJ Linda Stagno at the Long Island hearing office. Despite the claimant being 46 years old at her onset date, we submitted an OTR due to the substantial medical evidence from her doctors.

ALJ Stagno approved the OTR, and issued a Fully Favorable decision. Our client was overwhelmed with gratitude. The favorable outcome of this claim underscores the importance of retaining an experienced disability attorney if you are planning on applying for Social Security Disability (“SSD”) benefits. Our office in Melville, NY offers free phone consultations. Our primary goal is obtaining approvals for our clients while also alleviating the stress associated with applying for SSD benefits independently.

DDS Wastes ALJ's Time

The analysts at the State agency deny too many cases when there is more than enough medical evidence to approve a Social Security Disability ("SSD") claim.  Sometimes, the State agency, known as Disability Determination Services ("DDS"), will issue a partially, favorable decision, which means they find the claimant disabled after the date when the claimant maintains they became disabled.  This was the case for one of our clients.

We represent a 61 year old police officer from Glenwood Landing, who worked at Ground Zero.  Due to PTSD from the work he did at Ground Zero, our client took a job as a handyman.  After performing that work for several years, he had to stop because his PTSD, depression and anxiety worsened.  He also suffers from musculoskeletal conditions.  The treating doctors were very supportive, and we submitted objective and subjective  medical evidence to the State agency.   The DDS issued only a partially favorable decision.  We filed an appeal for reconsideration with DDS, but they denied him again.

 

Our claimant had a hearing scheduled with the hearing office on Long Island.  I submitted an on the record ("OTR") request, explaining that there was no need for a hearing to approve the claimant for the additional benefits.  ALJ Allen agreed with my OTR request that no hearing was necessary, and issued a fully favorable decision today.

 

It is important to retain an experienced, disability attorney who knows what medical information you need from your doctors, to support that you are unable to work a fulltime job based on the restrictions you have from your medical conditions.  You need someone to fight for you.  Our office, located in Melville, Long Island, offers a free phone consultation.  We will fight for you.

SS Mistakes

DOGE has made staffing cuts to an already understaffed Social Security Administration (SSA). President Trump, without evidence, accused the SSA of paying benefits to deceased individuals. The SSA's review revealed errors in declaring living people as dead, leading to wrongful termination of benefits.  Today, an old client of ours called us because the SSA terminated his benefits because they said he was working, and he was not.  They also told him he had an overpayment of $34,000.  These errors, and others like them, cause significant inconvenience for affected claimants, who must waste their time trying to get the SSA's mistakes fixed.

Persistence is Key

When it comes to applying for Social Security Disability (SSD) benefits, many applicants face roadblocks along the way—especially when the evidence is clear,  but still gets overlooked by the Social Security Administration (SSA). This was the case for our client, a 42-year-old ophthalmic technician from Hicksville, who suffered from severe mental health conditions. Despite having strong support from her doctors and submitting their expert opinions, her claim was repeatedly denied. However, after persevering and bringing the case before an administrative law judge (ALJ), we were finally able to get her SSD claim approved.

Our client had a long history of mental health conditions, including severe anxiety and depression. Although her treating doctors were fully supportive of her disability claim, their expert opinions were repeatedly rejected by the SSA during the Disability Determination Services (DDS) review process.

The district courts in New York continue to hold that the opinions of the claimant’s treating doctors should be found more persuasive than SSA doctors, even if they are no longer required to be given controlling weight under the regulations, because the former are the most familiar with the patient's condition and treatment history. However, in this case, the DDS analysts repeatedly disregarded the expert testimony and supporting documentation provided by our client’s doctors. Despite their detailed, professional assessments and consistent backing of her claim, the SSA denied her initial claim as well as the reconsideration.

At this point our client’s case was sent to an ALJ for a hearing.  At the hearing level an ALJ reviews the evidence in person and makes the final decision. The ALJ was presented with a full range of medical records, including detailed opinions from our client’s treating doctors. The ALJ also had the opportunity to hear our client’s testimony about how her mental health conditions had prevented her from being able to work. Without any contradictory opinions or expert analysis from the SSA to challenge the treating doctors’ assessments, the ALJ approved the claim.

For anyone struggling with a denied SSD claim, particularly for mental health conditions, this case shows that persistence is key. Even if the SSA denies your claim or ignores important medical evidence, you have the right to take your case further, and an ALJ might be more likely to understand your situation.

Having a lawyer who knows how to navigate these challenges can significantly increase your chances of success. We’re here to help guide you through the SSD process and fight for the benefits you deserve.  Our office, located in Melville, NY, offers a free phone consultation.

Impairment-Related Work Expenses

Impairment-Related Work Expenses (IRWE), as defined by the Social Security Administration (SSA), are "costs for items or services that you need in order to work because of your disability. Social Security will deduct the costs of an IRWE from your countable income when determining your eligibility for Social Security disability benefits."

We represent a 36-year-old claimant from Brooklyn who suffers from schizoaffective disorder, bipolar disorder, cognitive decline, and hypersomnia. He met the criteria for an IRWE because he was paying out-of-pocket for his medical costs, which enabled him to continue seeking treatment with his longtime psychiatrist, without being reimbursed by an insurance carrier. He could not work at all without receiving his medications and treatment from his doctor. The costs were reasonable, which met other criteria of the IRWE.

The claimant was working with accommodations, provided as a favor to his father, who worked for the same company, enabling our client to work part-time. We had to submit all of our client's earnings to his local SSA office, including pay stubs and tax returns, so that the local field office could calculate how much his medical expenses offset his salary. We also submitted a statement from his employer confirming his accommodations and salary.

The State agency approved the medical portion of our client's disability claim based on the information we submitted from the treating doctor. Ms. Kircher, at the Borough Hall field office in Brooklyn, undertook the complicated project and determined that our client's income fell below SS's Substantial Gainful Activity threshold, approving the non-medical portion of the claim.

Overcoming SSD Denial

Dealing with a disability claim can be a long and often frustrating process. Many applicants face challenges in getting their claims approved, even when their medical conditions are severe. This was the case for one of our clients who had been living with rheumatoid arthritis, lupus, and several orthopedic issues. Despite the gravity of their conditions, their initial Social Security Disability (“SSD”) claim was denied. However, with perseverance and the right approach, we were able to get their claim approved on reconsideration.

It is not uncommon for SSD claims to be rejected, especially when the medical documentation provided doesn’t align perfectly with the Social Security Administration’s (SSA) criteria for proving disability. In many cases, the issue lies not in the severity of the condition, but in how the evidence is presented.

We represent a 54 year old USPC worker from White Plains, NY with rheumatoid arthritis and Lupus.  After she was initially denial, we requested a reconsideration of her claim. The reconsideration process allows applicants another chance to have their case reviewed, by a different analyst. This time the new analyst gave us specific information that was needed by the SSA doctors. These details, which hadn’t been part of the initial claim, were critical in strengthening the case. To meet these specific requirements, we reached out to our client’s doctors to request additional, more detailed documentation.

After we submitted the updated, more comprehensive medical documentation, the SSA reassessed the claim. This time, the application was approved on reconsideration. Our client was granted the SSD benefits they rightfully deserved. This outcome shows how crucial it is to have the right medical evidence to meet the requirements to meet the SSA’s disability criteria.

While the process can be lengthy and complex, persistence and attention to detail are crucial. Having a lawyer who knows how to navigate these challenges can significantly increase your chances of success. We’re here to help guide you through the process and fight for the benefits you deserve. My office, located in Melville, NY, offers a free phone consultation.  Please feel free to reach out if you are applying for SSD benefits.