We are only having our clients appear at hearings telephonically from their homes. The President has declared a National public health emergency due to the Coronavirus. Similarly, the Governor of New York, Mayor of New York City, and Long Island Counterparts have called in the National Guard, closed schools and health clubs, restricted bars and restaurants from operating, and have taken other measures because of the Coronavirus. Some district office Social Security has been closed indefinitely.
Because of these extraordinary circumstances, I have been advocating that my clients and I only appear by telephone. Since Social Security hearing experts appear by telephone even when there is no public health crisis, having claimants and their counsel appear telephonically should not pose a problem. Appearing telephonically is obviously required for claimants who are at increased risk, such as those over 60 years of age, with respiratory problems, or with compromised immune systems.
The telephone appearances will obviate the need to postpone hearings. Since claimants have been waiting years for a hearing already telephonic testimony is more sensible than postponing hearings. Postponing hearings is also an inadequate solution because most claimants are in dire financial straits.
Tuesday, March 17, 2020
Getting It Right
Sometimes you cannot imagine why a particular disability claim gets denied. I represent a 64 year old from Valley Stream with severe spinal problems that required surgery. He worked for 45 years, and his past work required him to lift and carry up to 100 pounds. His doctors provided tests, treatment records, and functional assessments that precluded all work. Nonetheless, his application for Social Security Disability (“SSD”) benefits was denied.
The case had been assigned to administrative law judge (“ALJ”) Jay Cohen for half a year, and he scheduled the claimant’s hearing for today. ALJ Cohen retired last week, and the case was assigned to ALJ Pecoraro Monday. The case was approved without need for the hearing.
The new ALJ got it right. The medical and vocational evidence was solid, and a hearing should never have even been scheduled. We spent days preparing for the cross examination of the hearing expert. Hope for the best, but prepare for the worst.
It is not easy to find a SSD attorney with litigation experience. If you want to retain a SSD attorney, who specializes in disability benefits law and has a lot of litigation experience, please contact our office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
The case had been assigned to administrative law judge (“ALJ”) Jay Cohen for half a year, and he scheduled the claimant’s hearing for today. ALJ Cohen retired last week, and the case was assigned to ALJ Pecoraro Monday. The case was approved without need for the hearing.
The new ALJ got it right. The medical and vocational evidence was solid, and a hearing should never have even been scheduled. We spent days preparing for the cross examination of the hearing expert. Hope for the best, but prepare for the worst.
It is not easy to find a SSD attorney with litigation experience. If you want to retain a SSD attorney, who specializes in disability benefits law and has a lot of litigation experience, please contact our office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
DaTscan
I have posted about Parkinson’s Disease periodically. Periodically, I have also posted that disability claims handlers virtually always want to see objective diagnostic test data before approving benefits. A problem arises when medical impairments are normally diagnosed via clinical examination findings.
From a diagnostic perspective, Parkinson’s is a clinical diagnosis. Claims involving medical conditions like Parkinson’s, which are based on clinical exam findings, frequently get denied improperly for lacking “objective” medical support. Providing medical information from established sources like the Mayo Clinic or the Merck Manual regarding how medical impairments are diagnosed clinically is helpful, but these types of disability claims usually take longer to get approved.
MRI scanning appears normal for Parkinson’s, and thus it would hurt, rather than help the disability claim applicant. However, DaTscan imaging can confirm a diagnosis of Parkinson’s even if the clinical findings are not obviously apparent. In Parkinson’s, there is a steady loss of dopamine transporters in the brain, and a DaTscan can detect dopamine levels in the brain.
We represent a 63 year old former maintenance director from Old Bethpage with Parkinson’s whose disability application was just approved without a hearing. The claim was approved shortly after we submitted the claimant’s DaTscan, which was consistent with Parkinsonian syndrome.
Our office has been able to obtain SSD benefits for many other disability claimants quickly compared to the national averages. For the convenience of our Long Island clients, and potential clients, we have offices in both Nassau and Suffolk counties.
From a diagnostic perspective, Parkinson’s is a clinical diagnosis. Claims involving medical conditions like Parkinson’s, which are based on clinical exam findings, frequently get denied improperly for lacking “objective” medical support. Providing medical information from established sources like the Mayo Clinic or the Merck Manual regarding how medical impairments are diagnosed clinically is helpful, but these types of disability claims usually take longer to get approved.
MRI scanning appears normal for Parkinson’s, and thus it would hurt, rather than help the disability claim applicant. However, DaTscan imaging can confirm a diagnosis of Parkinson’s even if the clinical findings are not obviously apparent. In Parkinson’s, there is a steady loss of dopamine transporters in the brain, and a DaTscan can detect dopamine levels in the brain.
We represent a 63 year old former maintenance director from Old Bethpage with Parkinson’s whose disability application was just approved without a hearing. The claim was approved shortly after we submitted the claimant’s DaTscan, which was consistent with Parkinsonian syndrome.
Our office has been able to obtain SSD benefits for many other disability claimants quickly compared to the national averages. For the convenience of our Long Island clients, and potential clients, we have offices in both Nassau and Suffolk counties.
Monday, March 2, 2020
Adult Disabled Child
The Social Security Disability Insurance (“SSDI”) program pays benefits to adults who have a disability that began before they became 22 years old. SSDI is considered a “child’s” benefit because the amount of it is based on a parent’s Social Security earnings record. For a disabled adult to become entitled to this “child” benefit, one of the parents must be receiving Social Security retirement or disability benefits, or have died and have worked enough to qualify for Social Security.
A minor child can receive benefits when a parent receives Social Security Disability (“SSD”) benefits. After reaching majority, if disabled using the disability rules for adults, a child is eligible to continue receiving benefits on that parent’s record. Disabled Adult Child (“DAC”) benefits continue as long as the individual remains disabled. A child does not need to have worked to get DAC benefits. It should be emphasized that you do not have to be under 22 years of age in order to apply for DAC benefits.
We represent a claimant whose DAC benefits were approved today, who is currently 33 years of age. We were able to establish that his mental impairments rendered him disabled as of 2008, at which time he was 21 years old.
Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
A minor child can receive benefits when a parent receives Social Security Disability (“SSD”) benefits. After reaching majority, if disabled using the disability rules for adults, a child is eligible to continue receiving benefits on that parent’s record. Disabled Adult Child (“DAC”) benefits continue as long as the individual remains disabled. A child does not need to have worked to get DAC benefits. It should be emphasized that you do not have to be under 22 years of age in order to apply for DAC benefits.
We represent a claimant whose DAC benefits were approved today, who is currently 33 years of age. We were able to establish that his mental impairments rendered him disabled as of 2008, at which time he was 21 years old.
Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
Thursday, February 20, 2020
State Agency Doctors
Since the last Century, the case law in Social Security Disability (“SSD”) appeals has been crystal clear – the opinions of doctors “who have not personally examined the claimant deserve little weight.” Nonetheless, when an administrative law judge (“ALJ”) wants to deny a case, they frequently rely on the opinion of the non-examining State agency medical consultant as the basis for the decision.
We represent a 57 year old former controller from Howard Beach with Parkinson’s disease. ALJ Pecoraro, who approved the claimant’s SSD application today, stated that the opinions of the non-examining State agency medical consultants were not persuasive. The ALJ reasoned that because additional evidence was produced after the consultants’ document review, their opinions were not based upon a complete record, and therefore were of little probative value.
As intimated above, many ALJs are predisposed to deny SSD claims. You can learn if an ALJ is predisposed to deny your SSD claim by checking out their approval rate here. An ALJ with a low approval rate that is predisposed to deny your SSD claim would have found that the opinions of the non-examining State agency medical consultants were persuasive, despite the law clearly being to the contrary.
Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office staff for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
We represent a 57 year old former controller from Howard Beach with Parkinson’s disease. ALJ Pecoraro, who approved the claimant’s SSD application today, stated that the opinions of the non-examining State agency medical consultants were not persuasive. The ALJ reasoned that because additional evidence was produced after the consultants’ document review, their opinions were not based upon a complete record, and therefore were of little probative value.
As intimated above, many ALJs are predisposed to deny SSD claims. You can learn if an ALJ is predisposed to deny your SSD claim by checking out their approval rate here. An ALJ with a low approval rate that is predisposed to deny your SSD claim would have found that the opinions of the non-examining State agency medical consultants were persuasive, despite the law clearly being to the contrary.
Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office staff for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.
SSD Approved in 1 Week
We represent a 60 year old former automotive finance manager from Glen Cove with a very serious medical condition. The good news is that, because our Long Island offices focus exclusively on disability benefit law, we recognized his medical condition would qualify for a rapid compassionate allowance of Social Security Disability benefits based on his meeting a listing. We submitted the objective diagnostic evidence demonstrating that the criteria for the listing and compassionate allowance were satisfied with the application.
We hope that the immediate approval of SSD benefits will persuade the claimant’s disability insurance carrier, Mutual of Omaha, to act expeditiously to approve benefits too.
Our office has been able to obtain SSD benefits for many other disability claimants quickly compared to the national averages. For the convenience of our Long Island clients, and potential clients, we have offices in both Nassau and Suffolk counties.
We hope that the immediate approval of SSD benefits will persuade the claimant’s disability insurance carrier, Mutual of Omaha, to act expeditiously to approve benefits too.
Our office has been able to obtain SSD benefits for many other disability claimants quickly compared to the national averages. For the convenience of our Long Island clients, and potential clients, we have offices in both Nassau and Suffolk counties.
Thursday, February 13, 2020
SS Benefits in Danger
There have been multiple articles and segments on the news in the recent week, warning the American people of the proposed changes to Social Security Disability, Medicare and Food stamps. Because we never know when we might these services, these changes will affect every single one of us.
Subscribe to:
Posts (Atom)
