Monday, November 18, 2024

OTRs

Most times, a request for an on-the-record (“OTR”) decision is not considered until a couple of days before a hearing is scheduled to take place. Nonetheless, an OTR should still be pursued because it avoids the stress a claimant experiences when having to attend the hearing with an ALJ. Also, ALJs appreciate OTRs because they allow ALJs to devote more time to more complicated claims.

We represent a 57 year old security guard from Jamaica, who stopped working due to pain from various musculoskeletal impairments. The State agency medical consultants found the severity of the claimant’s pain to be credible. However, those consultants denied Social Security Disability (“SSD”) benefits twice because the claimant had no doctor providing functional limitations.

Since the claimant had to stop working because of pain, we referred the claimant to a pain management specialist, who supplied the requisite opinion. Based on that opinion, we submitted a brief explaining why the medical and vocational evidence in the file supported finding the claimant disabled under the Social Security rules and regulations. The ALJ agreed.

Retaining a disability attorney who has years of experience handling SSD claims is in your best interest. We have an encyclopedic of knowledge of the ins and outs of the SSA, from the initial application with the local office, to working with the State agency, the ALJ’s, and if necessary, the Appeals Council and Federal Court. If you want to greatly increase your chances of receiving a favorable outcome to your SSD claim, please contact our Melville, Long Island office for a free phone consultation.

 

 

 

 

Sunday, November 10, 2024

LTD Surveillance

We represent claimants who are applying for Long Term Disability benefits.  We work with many different insurance companies, none of whom have your best interests at heart, even though they act like they are your best friend.

We always warn our clients to be aware of their surroundings because the insurance companies will most likely hire a surveillance company to spy on them, usually for three days in a row.  For example, if you see a strange vehicle on your block that stays in place for an extended period of time, then call the police.  If you notice a car following you, call the police.  If someone comes to your door when you are not expecting anyone, do not answer the door yourself.  The surveillance companies have many tricks to try and catch you doing something that they can manipulate into looking like you were doing something that proves you can work.  This is just a friendly reminder to be careful.