Lupus Anticoagulant

Lupus Anticoagulants are a type of protein antibody called antiphospholipids.  These proteins react to phospholipids, which are fat molecules in your blood cells that can stop your cells from working properly.  The problem with these antiphospholipids is that they can cause blood clots in your lungs, legs, heart and brain.

We represent a 59 year old security guard with Lupus Anticoagulant from Syosset whose Social Security Disability (“SSD”) application was approved today.  The claimant could not sit, stand or walk for more than 10 minutes without his legs swelling, despite being medicated with blood thinners. Consequently, the claimant has to spend as much time elevating his legs to reduce swelling, as he does sitting, standing or walking, which a vocational expert testified precluded all work.

Our office offers free phone consultations if you are thinking about applying for disability and want to retain an attorney who specializes in disability.   We have offices located in Nassau and Suffolk counties on Long Island.

Consultative Exams

The State agency continues to send claimant’s letters stating that they “need” to, and “must,” be examined by Social Security doctors.  They don’t.  I have regularly posted about why the DDS letters are misleading and inaccurate.

Once again, I represent a claimant, this one an attorney from Hewlett with cardiovascular and mental impairments, to whom the State agency sent repeated letters insisting that he attend a consultative examination (“CE”).  Because of COVID, he wanted his doctor to perform the CE, which is what the regulations actually require.

The claimant was awarded Social Security Disability (“SSD”) benefits without the need for a hearing.  Obviously, it was not necessary that he attend a CE in order to be eligible to receive SSD benefits.

The analysts at the State agency like to harass and threaten people.  If you don't have a disability attorney representing you who is experienced with dealing with these analysts, you will have a very difficult time doing so on your own, not to mention the stress and heartache it will cause you.  We have over 35 years of experience representing disabled workers.  You can call our office for a free phone consultation.  Our offices are conveniently located in both Nassau and Suffolk counties on Long Island.

45 Days Means 45 Days

Long term disability (“LTD”) insurers have made it a habit of taking too much time to decide if  claimants are entitled to benefits. Don’t let it happen to you.

A claimant with cardiovascular impairments from Huntington retained us after Lincoln Life denied his LTD application. We appealed.

LTD claims are governed by a federal law called ERISA. After an appeal, ERISA requires the insurance company to decide if a claimant will receive benefits, or request an extension of time, within 45 days. If the insurance company fails to do so, then its decision will be deemed denied.

When Lincoln Life failed to decide the claimant’s appeal in 45 days, we sued in federal court.  Afterwards, Lincoln Life continued to add documents to the claim file that, not surprisingly, were adverse to the claimant’s application.

We filed a motion to preclude Lincoln Life from including the belatedly created documents from the administrative file record that the district court judge will review when deciding if the claimant is entitled to LTD benefits. Magistrate Judge Locke granted the motion, and his decision can be found with the Court Decisions under the Resources tab on our website.

Updating Opinions

Waiting times for Social Security Disability (“SSD”) hearings are notorious.  A consequence of the delays is that by the time your hearing comes around, the evidence that you obtained, often at significant expense, has become “stale.”

The prolonged wait for a hearing creates a dilemma.  You must submit supportive medical opinions at the initial and reconsideration stages of the administrative review to have any chance of your application being approved.  Moreover, frequently an opinion will be found more persuasive the closer in time it is given to the onset of the disability.  However, if your claim is denied at those stages, the opinion will be considered too old to establish ongoing disability by the time you appear for a hearing.

A medical opinion is usually submitted in the form of a narrative report or a medical source statement.  Physicians and other medical sources often charge a fee for providing their opinion, which they perceive as being extraneous to their treating you.  The expense of updating a medical opinion can be reduced without having to pay for a second narrative report or medical source statement.

We represent a 50 year old from St. Albans with musculoskeletal and urological impairments, who had worked as a police officer.  Besides paying out of pocket for medical treatment, the claimant had paid for medical reports to submit in connection with her SSD application.  At the hearing, the administrative law judge, familiar with my practice, stated that she would accept a note from the claimant’s doctor stating that the restrictions and limitations in the previously submitted reports had not changed.  Experience has shown that physicians rarely charge for such a note.

If you are thinking about applying for disability, you should contact an experienced disability attorney to discuss your potential claim for SSD benefits.  We offer a free phone consultation, and we are available 5 days a week to take your calls.  Our offices are located in both Nassau and Suffolk counties on Long Island.

SS Approves Long COVID

Long COVID has affected numerous, otherwise healthy people.  For people with Long COVID, their lives have been completely upended.  They suffer from persistent symptoms, some of which may include brain fog, fatigue, headaches, dizziness and shortness of breath.

I represent a 62 year old Muti-Site manager of medical facilities from Riverhead, who contracted COVID 19 in March of 2020.  She attempted to return to work, assuming that her symptoms would get better, but they didn't.  She had to stop working, and was eventually diagnosed with Long COVID.  She continues to suffer from cognitive problems, severe fatigue and pain.

Social Security initially denied her claim for Social Security Disability ("SSD") benefits.  However, we appealed, and she was approved at the second step in the SSD application process, i.e., Reconsideration.  This case helps set a precedent for Long COVID sufferers, especially for those seeking long term disability ("LTD") benefits.  LTD insurers are fervently denying Long Covid claims because their underwriters failed to account for them. However, when you are approved for SSD, you are found incapable of working at any full time job. That may not be binding on LTD insurers, but it is persuasive if the LTD claim needs to be appealed to federal court.