Autoimmune Diseases

Autoimmune diseases affect a significant percentage of the population, affecting substantially more women then men.  It is not unusual for someone to suffer from multiple autoimmune diseases.

We represent a 54 year old nurse from Tom's River, New Jersey, who suffers from Rheumatoid Arthritis, Fibromyalgia, Hashimoto's disease, along with several other disabling conditions.  Our client retained us after she had been denied Social Security Disability ("SSD") benefits at the initial application stage.  The Administrative Law Judge approved our client's application following a hearing, finding that the opinions from all of the treating doctors were consistent with each other, and showed a pattern of documented pain and fatigue.

If you are planning on applying for SSD benefits, we cannot stress enough the importance of speaking with your treating doctors first, to confirm that they will support your claim, and will be willing to attest to the restrictions and limitations that prevent you from working any fulltime job.

Strokes

According to the CDC, approximately 800,000 people in the United States have a stroke every year, causing many of them to be paralyzed.

We represent a 41 year old physician's assistant from Wading River who suffered a stroke, leaving him with left sided hemiparesis, vision loss, and post stroke epilepsy.  We provided the State agency with supportive medical evidence from our claimant's treating providers, yet they still "needed" to send our client to a Consultative Exam ("CE").  We asked the State agency to send us in writing what information they contended was missing so we could request that information from our client's doctor, who Social Security cites as the "preferred" sources for information.

Once the State agency received the requested information, they approved our client's application, proving once again, that the CE was not needed.  Our client was very appreciative that we avoided the necessity for him to have to go for the CE.

Long Covid

COVID pandemic may be over for most of us, but it's not over for those people suffering from Long COVID.  According to the Mayo Clinic, common symptoms of long COVID include extreme fatigue, problems with memory, lightheadedness or dizziness, sleep problems, shortness of breath and headaches.  These symptoms can last weeks, months, and in many cases years.

We represent a 48 year old Underwriting Analyst from Williston Park, whose Social Security Disability ("SSD") benefits were approved by ALJ Linda Stagno, On The Record "OTR".  After reviewing the same medical records that the State agency doctors reviewed, ALJ Stagno recognized the obvious severity of our client's condition and approved the OTR.  This illustrates the waste of time spent by the Stage agency, whose doctors continue to deny people who have sufficient supportive medical evidence to be approved.

It may seem obvious to a claimant that their medical condition renders them disabled from working a fulltime job.  However, it is not so obvious to Social Security, which is why you should retain an experienced disability attorney who understands exactly what is needed to obtain a successful outcome.  Our office in Melville, Long Island offers free phone consultations for anyone considering applying for disability benefits.

Veteran Approved for SSD

When a veteran applies for disability through the Veteran's Affairs ("VA") Department, when they are approved, they get a disability rating based on the severity of their medical condition.

We represent a 50 year old former electrician from Manhasset, NY, who suffers from severe PTSD, major depressive disorder, acute stress disorder, and back problems.  The VA gave him a rating of 100% disability based on the severity of his conditions.

It would seem obvious that Social Security would find him disabled based on the VA's rating.  However, the State agency denied him both at the initial application and at the reconsideration level, even though he had strong support from his doctors, and we provided them with his VA disability approval.

Today, administrative law judge ("ALJ") Michelle Allen issued a Fully Favorable decision, finding all the evidence we submitted from his doctors and the VA supported finding him disabled.

Even though to many people applying for disability, it seems obvious that they qualify for Social Security Disability ("SSD") benefits and should be approved, their outcome is not always favorable.  It is imperative to retain an experienced, knowledgeable disability attorney who knows what medical evidence is needed for a favorable outcome.  Medical records alone are not enough to win an approval for SSD benefits.

Our Melville, NY office offers free phone consultations for anyone considering applying for SSD benefits.  We will discuss our strategy to provide you with what information you would need to have a strong, successful claim to win your case.

  

Rare OTR

It has become increasingly rare for an Administrative Law Judge ("ALJ") to approve an on the record ("OTR") request, and when they do, it typically is for individuals over 50 years of age.  Social Security recognizes that people over 50 may have difficulty adapting to new job requirements, and possess fewer transferable skills, which is why approval of OTRs are more likely if the claimant is older than 50.

We represent a 48-year-old claimant from Williston Park, NY, who suffers from Long Covid. Her symptoms include severe migraines, brain fog, chronic joint pain, and pulmonary problems. The claimant's physicians provided detailed medical records and impairment questionnaires to support her claim. Although her case was very strong, it was denied at the initial application and reconsideration levels by the State agency.

We appealed her claim, and a hearing was eventually scheduled with ALJ Linda Stagno at the Long Island hearing office. Despite the claimant being 46 years old at her onset date, we submitted an OTR due to the substantial medical evidence from her doctors.

ALJ Stagno approved the OTR, and issued a Fully Favorable decision. Our client was overwhelmed with gratitude. The favorable outcome of this claim underscores the importance of retaining an experienced disability attorney if you are planning on applying for Social Security Disability (“SSD”) benefits. Our office in Melville, NY offers free phone consultations. Our primary goal is obtaining approvals for our clients while also alleviating the stress associated with applying for SSD benefits independently.

DDS Wastes ALJ's Time

The analysts at the State agency deny too many cases when there is more than enough medical evidence to approve a Social Security Disability ("SSD") claim.  Sometimes, the State agency, known as Disability Determination Services ("DDS"), will issue a partially, favorable decision, which means they find the claimant disabled after the date when the claimant maintains they became disabled.  This was the case for one of our clients.

We represent a 61 year old police officer from Glenwood Landing, who worked at Ground Zero.  Due to PTSD from the work he did at Ground Zero, our client took a job as a handyman.  After performing that work for several years, he had to stop because his PTSD, depression and anxiety worsened.  He also suffers from musculoskeletal conditions.  The treating doctors were very supportive, and we submitted objective and subjective  medical evidence to the State agency.   The DDS issued only a partially favorable decision.  We filed an appeal for reconsideration with DDS, but they denied him again.

 

Our claimant had a hearing scheduled with the hearing office on Long Island.  I submitted an on the record ("OTR") request, explaining that there was no need for a hearing to approve the claimant for the additional benefits.  ALJ Allen agreed with my OTR request that no hearing was necessary, and issued a fully favorable decision today.

 

It is important to retain an experienced, disability attorney who knows what medical information you need from your doctors, to support that you are unable to work a fulltime job based on the restrictions you have from your medical conditions.  You need someone to fight for you.  Our office, located in Melville, Long Island, offers a free phone consultation.  We will fight for you.

SS Mistakes

DOGE has made staffing cuts to an already understaffed Social Security Administration (SSA). President Trump, without evidence, accused the SSA of paying benefits to deceased individuals. The SSA's review revealed errors in declaring living people as dead, leading to wrongful termination of benefits.  Today, an old client of ours called us because the SSA terminated his benefits because they said he was working, and he was not.  They also told him he had an overpayment of $34,000.  These errors, and others like them, cause significant inconvenience for affected claimants, who must waste their time trying to get the SSA's mistakes fixed.