CE Reversal Again

Sometimes we get cases after a claimant has tried, unsuccessfully, to obtain Social Security Disability (“SSD”) benefits. Most of the time, that claimant has gone to one or more Consultative Examinations ("CEs"), which is not usually in the claimant’s best interest. This is exactly what happened to a 38 year old client who asked us to represent her after being denied when she applied on her own.

Our client suffered from multiple medical conditions, including PTSD, anxiety, depression, anemia and photophobia. We were able to get supportive documentation from her treating doctors, which Social Security's own rules specify is the preferred source. Our client was ultimately approved for SSD, and she could not be happier with the outcome of her claim.

It is always a wise decision to retain an attorney who specializes in disability if you find yourself in a position where you need to apply for disability. Please feel free to call our office for a free phone

ALJ Haaversen Rejected Again

I rarely take on a new claimant after an administrative law judge (“ALJ”) has already denied their application for Social Security Disability or Supplemental Security Income (“SSI”) benefits.  However, when I read the decision by ALJ Haaversen, I knew I had to make an exception.  Haaversen’s decision was so indefensible, that after I filed motion papers in the federal district court, the U.S. Attorney’s Office and the Office of the General Counsel for the Social Security Administration obviously asked the court to reverse the decision.

On remand, the case was reassigned to ALJ Andrew Weiss.  The medical evidence supporting the claimant’s application was so strong that ALJ Weiss found two different listings were met.  The good news is that the claimant was finally approved for SSI benefits.  The bad news is that the claimant applied for SSI benefits on August 15, 2018, more than five years ago.  How many people can survive, disabled or otherwise, without any income for that period of time?

No doubt, without our help and expertise, our client would almost certainly  have  been denied again.  Our claimant is happy that she made the choice to contact us for help with her claim and obviously overjoyed with the decision.  If you plan on applying for Social Security Disability benefits, it is always in your best interest to retain an experience disability attorney, who knows what information is needed to support a disability claim.  My office offers a free phone consultation with offices located in both Nassau and Suffolk counties.

 

Second Opinions

When seeking Social Security Disability (“SSD”) benefits, Medical source statements (“MSS”) are critical to establishing disability.  However, sometimes a claimant’s medical providers do not complete the MSS because they believe it would be more appropriate for another one of the claimant’s doctors to do so.  That is incorrect.

The Social Security Administration (“SSA”) wants “a medical opinion from all of the claimant's medical sources.”  It does not matter if another medical provider may be more directly involved in your treatment, or seem to have a more relevant specialty.  The SSA is statutorily obligated to seek and consider all evidence.

We represent a 53 year old truck driver from Farmingdale with knee, neck and back problems.  In May, we obtained and submitted a report from the doctor treating the claimant’s neck and back.  The opinion was supported by treatment records citing objective clinical findings and MRI testing revealing herniated discs compressing nerve roots. However, the SSA was not satisfied, and insisted that the claimant attend a consultative examination (“CE”).

Rather than having the claimant submit to the CE, we secured and filed a report from a second medical source.  Shortly thereafter, the SSA approved SSD benefits.

It is important to retain an experienced disability attorney, if you plan on applying for SSD, who knows what medical information should or should not be submitted for your claim to be successful, and who is knowledgeable about all of the SSA’s rules and regulations.  We offer a free phone consultation, and have offices located on Long Island, in Nassau and Suffolk counties.