Alzheimer’s Disease

The CDC determined that Alzheimer’s disease is the most common type of dementia.  This insidious condition is a progressive disease beginning with mild memory loss that can result in the inability to carry on a conversation and respond to the environment as it affects thought, memory, and language.  Alzheimer’s can prevent a person from being able to to carry out daily activities.

We represent a 52 year old from Fresh Meadows afflicted with Alzheimer’s who worked at a senior level for a large international advertising conglomerate.  Because of her medical condition, we had to deal with the claimant’s spouse, who was understandably under a great deal of emotional and financial stress.

By marshaling the requisite medical and vocational information, we were able to obtain both Long Term Disability (“LTD”) and Social Security Disability (“SSD”) benefits quickly.  The LTD and SSD application processes are not simple, and we are happy that at least we were able to help with the financial stress.

Disabling Migraine Headaches

You do not need to have experienced a migraine headache to recognize that they can be utterly disabling.  When seeking Social Security Disability (“SSD”) benefits, the problem is establishing how migraines disable you.

We represent a 49 year old psychologist from Syosset whose migraines gradually compelled her to reduce working from a full time basis to a very limited and irregular part time basis.  Retaining a vocational expert (“VE”) is helpful by explaining how functional limitations resulting from migraines impacts the ability to work.  The question becomes, how do you demonstrate that you have functional limitations due to migraines.

Our client was treated for migraines by a neurologist as well as a migraine specialist.  We obtained protracted treatment records for headaches, and testimony from multiple sources about how the claimant needs to lie down and avoid noise, light, and warmth when having migraines.  We also submitted reports that opined, among other things, how the claimant’s migraines would result in her being off task and absent from work.

The administrative law judge accepted the treating doctors’ limitations, found the claimant was unable to sustain any full time activity, and ruled that she was entitled to SSD benefits.

State Agency Notices

Some things never seem to change.  In 2018, I wrote about a persistent problem that claimants face when applying for Social Security Disability benefits.  In 2019, I wrote how the State agency sends claimants a letter stating that “it is necessary” to be examined by a doctor from IMA Disability Services (“IMA”).  However, these consultative examinations are rarely “necessary.”

According to Merriam Webster, “necessary” means required.  However, under the regulations, the State agency rarely meets the criteria for a claimant to submit to a consultative examination by IMA.  For years I have been asking for an investigation into the IMA boondoggle, but that request has fallen on deaf ears.

We represent a 56 year old from Great Neck with orthopedic problems and prostate cancer, who had worked as a security supervisor.  He received six (6) letters from the State agency insisting that

“IT WILL BE NECESSARY FOR YOU TO BE EXAMINED BY THE SPECIALIST NAMED BELOW,” which was IMA.  The claimant was approved today without having needed to attend a hearing, and without having been examined by IMA.  These misleading State Agency letters should stop.

If our client had not retained us, he would presumably have attended those examinations, and wouldn’t have known that he wasn’t required to go to them, and the outcome could have been very different.   You should plan on retaining a disability attorney if you are thinking about applying for SSD.  Your attorney has your best interests at heart; Social Security does not.  Please call one of our Long Offices for a free phone consultation.  We have offices located in both Nassau and Suffolk counties.

Rheumatoid Arthritis

We represent a 51 year old warehouse manager from Plainview with Rheumatoid Arthritis. Like most listings the Social Security Administration (“SSA”) has made the listing for Rheumatoid Arthritis more difficult to meet. Nonetheless, we were still able to get the claimant’s application for Social Security Disability (“SSD”) benefits approved without having to wait for a hearing.

The SSA has determined that most unskilled sedentary jobs require good use of both hands and the fingers; i.e., bilateral manual dexterity. As the Mayo Clinic has noted, “rheumatoid arthritis tends to affect your smaller joints first — particularly the joints that attach your fingers to your hands.”

We submitted the relevant diagnostic and clinical medical evidence showing that rheumatoid arthritis had attacked the claimant’s hands. We also submitted medical evaluations from the claimant’s treating specialists explaining how the rheumatoid arthritis limited the claimant’s ability to use his hands. Apparently, because the claimant lacked bilateral manual dexterity, he was found disabled under the “Grid” rules.

Don't Give Up

We represent a 32 year old with bipolar disorder from Deer Park who worked in real estate.  We filed the claimant’s Social Security Disability (“SSD”) application in 2016.  We succeeded in getting the case remanded from federal court, and after it was denied a second time by the administrative law judge, we succeeded in getting the claim reversed by the Appeals Council.  Finally, after more than a five year war, we won the final battle, and obtained a fully favorable decision for the claimant.

We represent disabled claimants, including those seeking SSD benefits, at all levels of the application and appeal process.  If you are contemplating seeking or appealing a claim for disability benefits, please call us for a free phone consultation.  We have offices conveniently located on Long Island in both Nassau and Suffolk counties.