More State Agency Deceit

We filed a reconsideration appeal on May 3, 2021.  Just three weeks later, the Stage agency denied the claim without requesting any additional information. The State agency claimed that we refused to allow our client to attend a Consultative Exam (“CE”) because of “a medical condition.”  That claim was deceptive at best.

The State agency concealed that the claimant’s "medical condition" was his cardiovascular heart disease, which resulted in two heart surgeries in February, and two more surgeries in March, when COVID was still raging.  In his condition, the claimant could not risk being exposed to COVID.  To minimize the risk, we offered to have one of his cardiologists perform the CE, who also happen to be the preferred source under the regulations.  His doctors were perfectly willing to perform the CE, but the State agency ignored that offer.

The medical section of our client’s Social Security claim file contains 2,421 pages of records that support his disability from work.  The State agency denied this claim because the claimant did not attend a CE.  We have seen quality control memos rejecting such denials, and reminding the State agency to make a decision on the other evidence in the file.  The State agency failed to do that here.

There were thousands of pages of medical records.  The State agency refused to identify any medical documentation that was purportedly missing.  There was a great deal of documentation regarding our client’s medical conditions, including diagnoses, objective diagnostic test data, operative reports, supportive letters and reports from multiple treating doctors.  There was no need for our client to attend a CE.

Logic dictates that the State agency was too lazy to review the 2,421 pages of medical records. This claim should have been approved.  It is a travesty that it was denied.

We will continue to fight for our client and are confident that the hearing office will give this claim the proper consideration and review.  If you find yourself in need of assistance applying for disability, please contact my office for a free phone consultation.  We have offices conveniently located on Long Island in Nassau and Suffolk counties.

 

Responsiveness Counts

Social Security Disability (“SSD”) claimants frequently ask, “How long does it take to get a decision?”  That general question cannot really be answered because it depends on countless variables.  However, the process can be hastened if your doctors and other sources supporting your claim respond promptly and fully.

We represent a former salesperson from Lynbrook who suffers from anxiety and PTSD whose SSD application was approved without a hearing.  We were able to obtain reports from the claimant’s psychiatric nurse practitioners, one of whom also provided thorough and complete answers to a questionnaire from Social Security, and psychotherapist.  As everything Social Security requested was expeditiously submitted, a consultative examination was not requested.

The claimant may not have had the same outcome if she had filed on her own.  This is why it is so important to retain an attorney who specializes in disability if you plan on applying for SSD.  If you are thinking about applying for SSD, please call my office for a free phone consultation.   We have offices conveniently located on Long Island in Nassau and Suffolk counties.

 

 

 

ALJ Gets It Right

Administrative Law Judge (“ALJ”) decisions frequently state that whether a Social Security Disability (“SSD”) claimant is disabled “is an issue reserved for the Commissioner.”  While that may be a correct recitation of the law, most ALJs apply it incorrectly.

Many ALJs invoke language that the legal determination of disability is reserved exclusively to the Commissioner when they try to circumvent the law that requires an ALJ to choose between medical opinions.  In doing so, the ALJ conflates a determination of disability, which is a legal opinion, with a claimant’s functional limitations, which is a medical opinion.  The courts have consistently held that while a doctor’s statement that a claimant is disabled is not a medical opinion regarding functional limitations, and is not an opinion on the ultimate issue of legal disability, but rather on the nature and severity of the plaintiff's impairments.

I represent a 36 year old from Holbrook with severe spine, shoulder and elbow problems that worked as a carpenter, whose SSD application was approved today by ALJ Berkowitz.  One of the claimant’s doctors stated that the claimant was disabled, and provided functional limitations that precluded full time work.  The ALJ distinguished between the two, and noted that while the disability statement was an issue reserved to the Commissioner, the doctor’s less than sedentary functional assessment was not.

If you are thinking about applying for disability, you should retain an attorney who specialized in disability.  I have over 25 years of disability experience.  Please call my office for a free phone consultation.  We have offices conveniently located on Long Island in both Nassau and Suffolk counties.

Berkowitz Reversed A Second Time

We represent a 32 year old bipolar disorder from Deer Park who worked in real estate.  We filed the claimant’s Social Security Disability (“SSD”) application in 2016, which administrative law judge (“ALJ”) Alan Berkowitz denied.  After the Appeals Council denied review, we appealed to federal court, where we got the ALJ’s decision reversed for a second hearing.  The ALJ partially denied the SSD application at the new hearing by repeating the same mistakes that he made at the first hearing.  The Appeals Council reversed the ALJ, and ordered that the case be reassigned to another ALJ.  This should all sound familiar to regular readers of this blog.

We are a full service SSD office, and represent claimants at all levels of the application and appeal process.  If you find yourself unable Please call us for a free phone consultation.  We have offices conveniently located on Long Island in both Nassau and Suffolk counties.

SSD Inside Attack

Anyone who has worked hard should expect to be approved for Social Security Disability ("SSD") benefits when they become unable to work due to the physical and mental toll their jobs have taken on them.  As long as your doctors confirm that your condition prevents you from working on a full time basis, you should expect to be approved, and rightfully so.

Many of our citizens work in physically demanding jobs, such as construction workers, factory workers, cleaning services, etc., which frequently result in physical impairment.   We could not survive without these essential workers, but they are not being rewarded for their service.

Former President Trump appointed Andrew Saul as the Commissioner of Social Security.  Saul continues to enact new rules that make it even more difficult to get approved for SSD benefits due to physical impairments, especially musculoskeletal problems.  We need to get the Saul rule overturned, and remove him as Commissioner.  You pay his salary, yet he does not have your best interests at heart.   We need a Commissioner with empathy and compassion for the most vulnerable members of society.  You funded Social Security; you worked for it; you need to fight for it.

       

Applying for SSD

Applying for Social Security Disability ("SSD") or Supplemental Income ("SSI") can be an overwhelming, anxiety provoking task, especially if you apply on your own. Retaining an attorney who specializes in disability can make the process a lot less intimidating and overwhelming. And recent studies have shown that you are 3x more likely to be approved for SSD or SSI if you are represented by an attorney. If you are thinking about applying for SSD or an SSI appeal, my office offers free phone consultations. If we take your case, we handle everything for you, from filing your application to representing you in court, if it comes to that. We speak to Social Security on your behalf, making the process a lot less overwhelming for you. We have offices conveniently located on Long Island in both Nassau and Suffolk counties.

Help for SSD?

In the last few weeks of the Trump presidency, he and his administration passed a number of rules that would make it even more difficult than it already is to be approved for Social Security Disability or Supplemental Security Income. We have to hope that the Biden administration will be able to reverse those rules, and sooner rather than later.