NYSLERS & SSD

When applying for disability benefits, the Social Security Administration (“SSA”) is required to consider evidence from other governmental agencies. While a decision from another agency awarding disability benefits is not binding on the SSA, the SSA can find such a decision to be very persuasive. 

I represent a 52 year old former teacher with back, knee, shoulder, and mental impairments. In May 2017, the SSA was given a report from the treating orthopedist that concluded the claimant could not work, and that report was supported with treatment notes and MRI test data. In October 2017, the SSA was given a report from the treating spine surgeon that concluded the claimant could not work, and that report was supported with treatment notes, surgical reports, and MRI test data. In December 2017, the SSA was given a report from the treating psychiatrist, which concluded that claimant could not work. Despite well supported opinions from three different specialists, the SSA did not approve SSD benefits. 

Two weeks ago, the SSA was provided with proof that NYSLERS found the claimant unable to work. Today, we learned that the SSA approved the claimant’s SSD benefits. While the NYSLERS approval was not binding under the regulations, the SSA must have found it to be convincing.