Rare Decision

In June of 2022, we appealed a decision of ALJ Suarez to the Second Circuit after Magistrate Judge Davidson upheld Suarez’s denial in district court.  Last September, the Second Circuit rejected Suarez’s decision, and remanded it to the district court to send the case for a new hearing with the Social Security Administration (“SSA”).

Last January, the district court sent the case back to the SSA.  Specifically, the case was sent to the Appeals Council, which normally prepares a remand order with instructions for the ALJ.

We learned today that, unbeknownst to us, last February, rather than issuing instructions, the Appeals Council issued a rare ruling that the claimant was disabled and entitled to benefits.  The Appeals Council rejected Suarez’s finding that the claimant did not meet listing 12.04.

DOGE Trying to Break SS

Former commissioner of the Social Security Administration ("SSA"), Martin O'Malley, warns US citizens about Elon Musk's mission to destroy the SSA. The SSA has been understaffed and underfunded for many years which causes long delays for people applying for benefits, and poor customer service.  Musk is exacerbating those delays and poor service, as impossible as that seems.

 

Anyone who has worked and paid into the SSA system expects to receive benefits when they are eligible for them.  If DOGE continues to interfere with the SSA, people will see even longer wait times, interruptions in receiving their checks, that they are unable to reach anyone to speak with at the SSA.  DOGE is compelling the most experienced people to resign or be fired, leaving the agency in far worse shape than when he found it.  

 

If you plan to apply for benefits, or already have a case pending, it could be years before you receive a decision.  People who are unable to work due to medical impairments could be without income for years, which in some cases, can lead to homelessness, or even death.  People who are collecting retirement as their only means of income will see their checks delayed.  

 

DOGE is serious a problem.  You are entitled to the money you have paid into the SSA trust fund if you become disabled.  Benefits are not an entitlement, and you need to fight for it.  Flood your senators and congressional representatives with phone calls to protect the SSA and your money.  Make your opinions known at the town halls where they appear.  Do not let Musk wreck the SSA. 

 

By Susan Golden  

 

 

 

 

 

 

 

Unconscionable Cuts to SS

CALL YOUR CONGRESS REPS AND SENATORS! Making cuts to an agency which is already understaffed and underbudgeted is unconscionable. These cuts are going to cause the experienced employees to retire or resign, leaving us with a lot of employees that haven't been properly trained, and don't know or care, what they are doing. This is going to affect anyone that receives Social Security Disability ("SSD") benefits, Supplemental Income ("SSI") or retirement benefits, and anyone planning on applying for them. It affects people of all ages, races and gender. If you don't have a Social Security Number, you cannot get benefits. If you do have one, you still have to meet rigid criteria to get any kind of benefits.

If DOGE wanted to save money at the SSA, then it should consider trying to reduce waste and fraud rather than firing employees.  DOGE could require eliminating Reconsideration in SSD and SSI cases.  DOGE could reduce the excessive amount of paper that is wasted by SSA constantly mailing duplicate letters and forms.  DOGE could insist on sufficient training for SSA employees to ensure they all know how to do their jobs correctly.  What agency is trying to fix the delays that  plague the SSA due to lack of staff and funds?  What agency is trying to avoid having claimants with no income, who are unable to work at a fulltime job, to lose their homes, or to die before a decision is made? DOGE is obviously making everything worse at the SSA.  What agency is trying to improve anything at the SSA?

SS Comm'r Resigns

Elon Musk's DOGE has turned its sights onto the Social Security Administration ("SSA"), prompting Michelle King, the Commission of Social Security to resign.  So many people depend on their Social Security benefits. The SSA is already understaffed and underfunded. Who wants Elon Musk to have access to their SSN's, earnings, bank account information, medical records and other sensitive information? If you are on disability, you should be extremely concerned. This is no joke.

SSD Even If Able To Work

In some circumstances you can get Social Security Disability (“SSD”) benefits even if you have the physical ability to work on a full time basis.  We received an approval today that illustrates this point.

We represent a 53 year old from Brooklyn with sleep apnea, who had made his living as a police detective, and had suffered a brain aneurysm.  The claimant’s pulmonologist provided reports with severe functional restrictions.  While the Administrative Law Judge (“ALJ”) believed the pulmonologist’s restrictions were excessive, the ALJ still determined that the claimant had the ability to perform sedentary work.

A vocational expert testified that the claimant had no transferable skills from his past work as a detective, which was classified as a light occupation.  Since the claimant had no recent education, the ALJ applied the medical vocational or “Grid” rules  to conclude the claimant was disabled, even if he were capable of performing the full range of sedentary work.

If you are thinking about applying for disability you should consider retaining an experienced disability attorney.   Our office is conveniently located on the Nassau/Suffolk county border in Melville.  Please call our office for a free phone consultation.

 

DDS v. ALJ

When an initial application is filed for Social Security Disability ("SSD") benefits, the first step is for the claim to be processed in the local office.  The claim then gets transferred to the State Agency, better known as DDS, to review and decide the initial claim.  If DDS denies the initial claim, then we appeal for reconsideration of the claim.  If DDS denies the claim again, then it goes to the hearing office to await the scheduling of a hearing.

I represent a 57 year old retired police detective, who spent a good deal of time at Ground Zero.  He suffers from pulmonary problems including sleep apnea, hypertension, severe back and shoulder problems, and had a cerebral aneurysm which affected his ability to do simple daily tasks.

We submitted a multitude of records from his treating doctors, including objective test results such as MRI's, and x-rays, to DDS at the initial application.  Today, his claim was approved by an administrative law judge ("ALJ") based on the same objective findings that DDS twice denied.  We provided the ALJ with additional information, including letters of support from friends and family, which helped obtain a Fully Favorable Decision.

It's important to know what information is needed to achieve a favorable outcome.  Not all medical records are supportive.  An experienced disability attorney can determine what evidence is supportive and should be submitted.  My office located in Melville, NY, offers a free phone consultation.  Please feel free to reach out if you are applying for SSD benefits.

 

SS Delays

It seems that every day we are reminded that the local Social Security offices and the State agencies are experiencing delays due to "backlogs."

We represent a 62 year old Ultrasound Technician from Longwood, Florida.  We filed her application for Social Security Disability ("SSD") benefits on January 8, 2024.  We contacted her local office in Florida repeatedly to discover why her case had not been transferred to the State agency.  We finally had to ask Public Affairs to get involved.

Ms. Love, from Public Affairs, told us that the average wait time in Florida for a claim to get assigned to an analyst at the State agency was 230 days.  With Ms. Love's diligence and help, she was able to get our client's case transferred to an analyst in October.  We submitted all of the supporting medical evidence we had been collecting, and the claimant was approved 2 months later.

It is a long and arduous process to apply for SSD benefits.  We are here to help.  Our office, located in Melville, Long Island, offers free phone consultations.  Please feel free to reach out if you are planning on applying for SSD benefits.