SSA's Total Dysfunction

We are constantly asked why a case is denied, when it is so obvious that a claimant is disabled, which as defined by the Social Security Administration ("SSA") means you are unable to perform any job on a full-time basis.

A perfect example is a case where a claimant fell down an elevator shaft, and sustained numerous severe, life changing, injuries.  He was denied at the initial application, and at the reconsideration stage, and twice by the same ALJ, and twice by the Appeals Council, and his case was remanded three times by the Federal Courts, before it was finally approved 12 years after his accident.

There is nothing that can excuse our government's laziness, ignorance, or total disinterest in fixing the countless problems with the SSA, so that eligible workers do not have to have their lives ruined, while going through the process of applying for Social Security Disability benefits.

While an attorney cannot fix the problems with the SSA, retaining an attorney who specializes in SSD and disability law greatly improves your chances of being approved, and approved more quickly.  We have been handling disability claims with the SSA since the last Century, and know the system like the back of our hands.  We know what to focus on, and what is needed to obtain an approval.  We offer a free phone consultation during which we explain the entire process of filing for SSD benefits, and guide you with the type of support that is required from your doctors in order to have a successful claim.

 

 

Long Covid Approval

According to the CDC, 20% of the people who contract COVID end up with long COVID, and the distribution is notably high for those in the 50-59 age category.  Long COVID is no different from any other medical condition when it comes to eligibility for disability benefits.

We represent a 60 year old medical site manager from Riverhead who became unable to work due to long COVID.  Her symptoms were so severe that she was promptly approved for Social Security Disability after it was determined that she was incapable of resuming her job or any other occupation.  However, the claimant had a more difficult time maintaining long term disability (“LTD”) benefits from Unum.

Despite having many doctors who explained why the claimant’s numerous medical signs, tests and symptoms prevented her from working, Unum terminated the claimant’s LTD benefits shortly after approving them.  After we sued Unum, it immediately urged the court to mediate to avoid further litigation.  The claimant accepted Unum’s offer during mediation, and the case will settle.

 

SS Terminology

If you are planning on or have applied for Social Security Disability benefits, or Social Security Supplemental Insurance, it is good to be familiar with their terminology.  Understanding their terminology will ease some of the stress you feel while going through the process of applying for disability benefits.

Lack of Funding

Due to the continued lack of funding for the Social Security Administration, the agency continues to be understaffed, their systems are antiquated, and all of this gets passed on to the people trying to file claims for disability or retirement.  Even the Commissioner of Social Security acknowledges the ongoing problems at the agency, with no help in sight.

SS Benefits Increase for 2023

Last year, the cost of living adjustment ("COLA") for Social Security benefits was 5.9%, the highest increase since 1982.  The COLA for 2023 is expected to be the one of the highest yet, and could be around 10.5%.  This would affect anyone collecting disability or retirement benefits from Social Security.

Nurse Practitioners

At the same time Social Security decodified the treating physician rule, it also named a nurse practitioner (“NP”) or any advanced practice nurse (“APN”) as an acceptable medical source (“AMS”).  The amendment placed the opinion of such nurses on equal footing with physicians.  Among other things, the effect of the amendment meant that when a claimant was primarily treated by an NP or APN, the claimant no  longer needed to get the nurse’s reports co-signed by a physician, and an Administrative Law Judge could no longer disregard the nurse’s opinion.

We represent a 55 year old Park Attendant from Massapequa with mental impairments who was approved for Social Security Disability (“SSD”) benefits today.  Social Security had been vacillating about approving SSD benefits, apparently because the primary treating opinion was from a psychiatric nurse practitioner (“PNP”).

Social Security’s website states that mental health records are confidential, and do not need to be provided.  However, shortly after we submitted the PNP’s extensive progress notes, it seemed Social Security recognized the persuasiveness of the PNP’s opinion, and found the claimant disabled.

When applying for SSD benefits, it is beneficial to have an experienced disability attorney handle your claim.  We offer a free phone consultation, and have offices located on Long Island in Nassau and Suffolk counties.

 

 

 

 

Treating Source Still Prevails

While the treating physician rule was decodified, courts in the Second Circuit continue to highlight the importance of the treating physician's opinion.

Administrative Law judge Schriver approved the claimant’s benefits back to 2015 today, after he found the treating rheumatologist’s opinion somewhat persuasive concerning the severity of the claimant’s fibromyalgia.

Our client is glad that we never gave up on her and is ecstatic that her benefits were approved back to 2015.  Please call our office for a free phone consultation if you are planning on applying for Social Security Disability benefits.  Our offices are located on Long Island in both Nassau and Suffolk counties.

Living with Long COVID

COVID has been with us for over 2 years. Many of us have had COVID and recovered. We were able to return to work and resume our lives. But for millions of people, that isn't their story. Their story is that they suffer from Long COVID, struggling to get through each day, and unable to work. The government has recognized Long COVID as a disabling condition, and wants employers to offer different options and or accommodations for people with Long COVID.