Tuesday, November 21, 2023

QC Reviews

The Social Security Administration (“SSA”) routinely conducts “quality reviews” of decisions from the State agency.  The SSA insists that the reviews are random.  However, since the last Century, every time one of my client’s decisions has been pulled for review, the State agency decision was an approval of Social Security Disability (“SSD”) benefits.  Moreover, every colleague I know has also expressed that their clients have never had a disapproved decision reviewed.

We represent a 54 year old teacher from Port Jefferson Station with diabetes and mental impairments.  The State agency approved SSD benefits three days after we submitted very supportive reports from the claimant’s psychiatrist and therapist.  Nonetheless, it took a month and a half to obtain the approval because the decision had been pulled for quality review. 

 There is zero justification for quality reviews.  The fact that only awards are reviewed reveals that their purpose is not to attempt to improve that quality of the State agency decisions.  Rather, their purpose is to try to find some means to reverse the approval.  Just as the SSA is being called upon to eliminate the reconsideration stage of the hearing process, the SSA should also eliminate so-called quality reviews.

 

Saturday, November 18, 2023

Insurance Scam

Insurance companies do whatever they want to make money.  Even if you have been paying into a plan, and then find yourself in need of filing a disability claim, the number one concern of the insurance companies is profit.  They don't care about you, they care about the bottom line.  They've already "denied" you before they even see your claim.  They will act like they're your best friend, and then stab you in the back.

Retaining an attorney for a long term disability claim is vital if you want to have a much better chance of being approved.  We have decades of experience with all of the insurance companies, and know how they operate.  We also have an extremely high rate of success.  Please call our office for a free phone consultation.  We have offices on Long Island in both Nassau and Suffolk Counties.

by Susan Golden

 
 

Monday, November 6, 2023

Winning Hands

 Most unskilled sedentary jobs require good use of both hands and the fingers; i.e., bilateral manual dexterity (“BMD”). Fine movements of small objects require use of the fingers; e.g., to pick or pinch.  Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions.

For over 40 years, the Social Security Administration (“SSA”) has recognized that BMD is necessary for the performance of substantially all unskilled sedentary occupations.”  In fact, SSR 83-14 provides that a limitation to unskilled sedentary work with an additional loss of BMD  is significant and, thus, warrants a conclusion of disabled.

Vocational experts (“VEs”) routinely testify that claimants who lack bilateral manual dexterity are precluded from performing any sedentary occupations.  However, the fact that a VE had to testify at a hearing means that the State agency denied the claimant Social Security Disability (“SSD”) benefits two times.

We represent a 59 year old nurse from Syosset with many diverse impairments, including carpal tunnel syndrome and a trigger finger.  After we submitted records and a report detailing the claimant’s lack of BMD, the State agency approved SSD benefits, just three months after we filed the application.  No doubt, the approval was based on the claimant’s lack of BMD. Regardless of what impairments claimants may have, they should take care to obtain reports that detail the functional limitations and restrictions they may have in using their hands.