LTD Approvals

We obtained reversals of a long term disability (“LTD”) denial and a termination this week from Hartford and Lincoln.  What they had in common was submitting overwhelming objective and subjective medical and vocational evidence.  We advised each client in advance that the reports, records, tests, and letters we needed might seem like gilding the lily to them, but our track record for successfully securing LTD benefits speaks for itself.

Consultative Exams ("CEs") and the State agency ("DDS")

I get more questions about CEs than any other topic.  DDS schedules CEs before they even request records from the claimant's treating doctors, who according to Social Security's own rules are the "preferred source" for medical information.

I represent a 48 year old Medical Assistant from Bay Shore whose impairments cause suffering from debilitating pain.  The DDS representative handling the case told my office that this was a very strong case, with an overabundance of medical evidence.  Nonetheless, the representative still denied Social Security Disability ("SSD") benefits solely because the claimant did not attend a CE.

My client was approved today at her hearing.  The ALJ acknowledged all of the supporting objecting evidence I obtained from the claimant's treating doctors, which included MRI's, scans and other objective test results.  The ALJ found the claimant's testimony to be credible, consistent with the treatment provided, and the treating doctors' opinions to be persuasive.  The fact that the claimant did not attend a CE was not even mentioned.

DDS continues to practice the boondoggle policy of scheduling needless CEs for claimants.  The CE gives DDS the excuse to ignore the large amounts of medical information in the file, and deny the claim based on the vague CE opinions, which the federal courts uniformly deride.  CEs delay benefits as they force claimants to defend themselves against the typically fraudulent exams those doctors perform.

My client is extremely happy that she retained an experienced disability attorney who was able to obtain a favorable outcome for her, rather than trying to take on Social Security by herself. Please call my office for a free phone consultation if you are thinking about applying for SSD benefits.  My office is conveniently located in Melville, Long Island.

 

 

MS

The disabling effects of MS when it attacks the brain, spinal cord, and optic nerves is well known. Nonetheless, while the overwhelming fatigue, pain, numbness, and poor coordination that results from MS have not changed, the Social Security Administration (“SSA”) made it near impossible to meet the listing for MS. Therefore, obtaining Social Security Disability (“SSD”) benefits for MS depends on demonstrating that its functional limitations preclude being able to work, just as is true for most medical impairments.

I represent a 38 year old from Whitestone with MS who worked as a food service manager. The MS diagnosis was never questioned. However, the State agency denied her SSD application because it refused to believe that the claimant’s symptoms were severe enough to preclude her from working on a full time basis.

We obtained a report from the treating physical therapist detailing the claimant’s functional limitations. But the State agency denied the claim. We then submitted a report from the treating neurologist that corroborated the claimant’s functional limitations, yet the claim still was denied. Only after filing a report from the surgeon treating the claimant’s cervical and lumbar spine disorders, which concurred with the limitations assessed by the physical therapist and neurologist, were SSD benefits approved.

With the elimination of a meaningful listing, it took 11 months to get SSD benefits approved. While that may seem quick since it takes many SSD applicants years to secure approval, the application justified approval much sooner.

It is always in your best interest to retain an experienced disability attorney if you plan on applying for SSD. Please call our Melville office for a free phone consultation.