SS Hearings

Social Security ("SS") hearings are normally held at the claimant's assigned hearing office. Due to the pandemic, SS has been giving claimant's the choice of postponing their hearing, or agreeing to a telephonic hearing. SS has announced that they are extending this process through August. If you have a hearing scheduled, you should contact your hearing office to advise them whether or not you agree to a telephonic hearing, or if you want to postpone your hearing.

Some Good News!

This just out! Finally, some good news from the Social Security Administration. The Social Security Board of Trustees has just reported that the Disability Insurance Trust Fund will be able to pay full benefits until at least 2065, not 2035 as they had previously reported.

Medical Consultant C. Levit

According to Social Security, C. Levit is a medical consultant for the New York State agency, who specializes in internal medicine. According to the New York State Department of Health, the only licensed physician in New York with the last name Levit and first initial C, is Charles D. Levit, who coincidentally is an internist. 

I represent a 58 year old from Levittown that used to drive for car services, who applied for Social Security Disability (“SSD”) benefits due to cardiovascular problems. A board certified cardiologist, Thierry Duchatellier, Chief of Cardiology at Mercy medical Center, provided narrative and functionality reports stating that the claimant was disabled based upon the objective diagnostic testing and treatment records, which were also provided. 

Levit reviewed the claimant’s medical records. Levit asserted that the claimant’s medical sources, including Dr. Duchatellier, were not contacted because “Prior experience raises a question as to the objectivity, accuracy, or validity of the evidence from the medical source(s).” Levit failed to identify the medical source or sources whose prior experience was questioned. However, the claimant’s medical sources said they had no prior experience with the State agency. 

I advised the administrative law judge (“ALJ”) that Levit’s boilerplate statement that, “Prior experience raises a question as to the objectivity, accuracy, or validity of the evidence from the medical source(s)” – was fraudulent and defamatory. The statement must be boilerplate because I have seen it in other SSD files. I requested a subpoena for the attendance of Levit at the claimant’s hearing for cross examination, and that the ALJ notify the Agency’s Inspector General about the potential misconduct. 

In this instance, the fraudulent and defamatory was not addressed since the ALJ will be issuing a fully favorable decision. However, such assertions should not be ignored, and in my opinion, claimants should insist on the right to cross examine anyone who makes libelous representations.

COVID19 Impacts SSD

As the COVID-19 pandemic continues, Social Security has had to change some of their procedures regarding Social Security Disability ("SSD") claims. After an SSD claim is filed at the local office, the claim is transferred to the State agency for review. The State agency frequently and erroneously asks claimants to attend a Consultative Examination ("CE"). At this time, the agency obviously cannot send claimants to CEs, so any case they feel requires one will be paused until the shelter in place rules have been lifted.  However, they are still working on claims remotely, as are the hearing offices and the Appeals Council.

Claimants who currently have hearings scheduled will be offered telephonic hearings because the hearing offices are closed. While you do not have to accept a telephonic hearing, Social Security has said they cannot even begin to estimate when an in hearing person will be scheduled.

Prudential Approval

A 55 year old from Manhassett, who worked for Northwell as a nurse, applied for the long term disability (“LTD”) benefits because she could no longer work due to Lupus and back problems. Prudential denied the LTD claim by rejecting all of her treating doctors’ opinions in favor of its in-house doctor. The claimant contacted my office after researching Long Island disability attorneys, and visiting my website.  After her free phone consultation, she retained me to appeal the decision.

I gathered and submitted medical and vocational evidence that rebutted each basis for Prudential’s denial. Just a few days before its deadline for rendering a decision, on a Friday evening, Prudential sent me a medical review by Lucien Parrillo, a well-known insurance industry doctor. No surprise, Parrillo parroted the opinion of Prudential’s in-house doctor.

In just a few days, I managed to submit medical reports rebutting Parrillo’s review. Two weeks ago, when Prudential’s decision deadline expired, I commenced a lawsuit by filing a 37 page Complaint. Last week, Prudential’s attorney asked if I would stay litigation so Prudential could render a belated decision. I declined in order to preserve de novo review. Prudential faxed an approval letter to me today. 

Unfortunately, disability insurers are so driven by their profit motive that they usually do not take LTD appeals seriously until litigation is commenced.

CDC's Response to COVID19

Every day it seems we are getting inundated with so called facts about COVID19. The director of the CDC sets the record straight, explains what we can expect going forward during this pandemic, and provides reasons to be hopeful.