SSD and Working

Almost daily, potential, past and present clients, ask me if they are allowed to get a job while collecting Social Security Disability ("SSD") benefits. This article explains the different choices you have regarding working while receiving SSD benefits.

U.S.D.J. Azrack Reverses ALJ

U.S. District Court Judge Joan Azrack reversed the decision of Administrative Law Judge (“ALJ”) Andrew Weiss, in which he relied on opinion of disgraceful so-called medical expert named Steven Shilling. Judge Azrack’s decision is being added to the Court Decisions under our website’s Resources tab. 

Judge Azrack found that “the flaws in Dr. Shilling’s opinion clearly warrant remand.” Elaborating, Judge Azrack explained that, “The testimony from Dr. Shilling, the non-examining medical expert who testified at the administrative hearing, mischaracterized certain medical records and appeared to ignore others.” Judge Azrack proceeded to detail how Shilling manipulated and misrepresented the facts concerning the claimant’s stress tests. 

ALJ Weiss tends to overemphasize the objective evidence in his decisions. Therefore, it was not surprising that he predicated his decision on the stress test data. However, it was surprising that ALJ Weiss gave Shilling’s opinion “great weight,” and elevated it over the opinion of the treating cardiologist, who conducted the stress tests, and concluded it precluded the claimant from working.

Objective Testing

Two claims were approved today. The first involved a 58 year old construction excavator with cardiovascular problems, and the other involved a 48 year old tractor trailer driver with neck and back problems. What did they have in common? The answer is a significant amount of objective test reports for their respective conditions. 

Regardless of whether you are considering long term disability, individual disability income, or Social Security Disability, the law states that providing objective evidence is not required to establish entitlement to benefits. Nonetheless, claim adjudicators are almost always more liable to approve disability benefits when the claim is supported with objective test data. 

Treating physicians frequently do not request diagnostic testing due to cost and insurance issues, and the belief that the medical impairments are unlikely to change or improve. Nonetheless, if seeking disability is contemplated, if probably makes sense to push your doctors to prescribe objective testing as often as possible.

U.S.D.J. Amon Reverses ALJ Iwuamadi

Following oral argument, U.S. District Court Judge Carol Bagley Amon reversed the decision of Administrative Law Judge (“ALJ”) Ifeoma Iwuamadi, and ordered the Social Security Administration (“SSA”) to pay the claimant Social Security Disability (“SSD”) benefits. Judge Amon’s decision is being added to the Court Decisions under our website’s Resources tab. 

Judge Amon ruled that ALJ Iwuamadi failed (a) to give sufficient weight to the opinion of the claimant’s psychiatrist; (b) improperly relied on the opinion of a non-examining psychologist to determine the claimant’s limitations; (c) improperly substituted her opinion that the claimant could perform “simple, routine and repetitive tasks and simple work-related decisions with occasional contact from supervisors,” despite an absence of any support whatsoever for that conclusion in the medical evidence. 

Judge held that ALJ Iwuamadi’s decision was so deficient that it could not even be remedied by ordering further proceedings. Consequently, Judge Amon held that because ALJ Iwuamadi’s decision not only applied incorrect legal standards, but also lacked substantial evidence, the case was remanded solely to calculate and pay benefits.

Proposed SS Rule Hurts

As if getting approved for Social Security Disability benefits isn't hard enough, President Trump has proposed a rule that would eliminate people's constitutional due process right to an in-person hearing. We cannot let them happen. Fight for your rights and contact your Congressmen and Senators to oppose the change.