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Friday, April 29th, 2011

SSA Prehearing

It typically takes the Social Security Administration (the “SSA”) over a year to schedule a hearing with an Administrative Law Judge (“ALJ”) after a disability claim has been denied. However, there is a regulation that allows an attorney advisor to approve a disability claim without having to wait for a hearing with an ALJ. The regulation, 20 C.F.R. § 404.942, was due to expire August 10, 2011, but earlier this month the SSA extended the program to August 13, 2013.

A 49 year old teleconference specialist retained me after his disability application was denied last February. On March 4, 2011, I received a copy of the claim file after the local Social Security office transferred the case to the Jericho hearing office. On April 1, 2011, I submitted a request for a fully favorable decision on-the-record (“OTR”). Today, I received a fully favorable decision today from an attorney advisor.

By using the prehearing process with the attorney advisor, the claimant’s application was approved in two months instead of having to wait over a year just to receive a hearing with an ALJ. The expedited receipt of benefits not only helped the claimant’s cash flow, but also resulted in his paying a smaller attorney fee.

Using the prehearing process with the attorney advisors at the Queens hearing office is even more important. As discussed in the New York Times and in my prior blog entries, a class action was brought accusing Queens ALJs David Z. Nisnewitz, Michael D. Cofresi, Seymour Fier, Marilyn P. Hoppenfeld and Hazel C. Strauss, who have low approval rates, with bias against claimants (the “Queens Five”). Not only can an attorney advisor expedite the processing of a disability claim in Queens, it can also avoid having to deal with the Queens Five.

Tuesday, April 26th, 2011

Disability Redefined

I brought an action against Guardian Life Insurance of America seeking long term disability (“LTD”) benefits on behalf of a woman with rheumatoid arthritis, fibromyalgia, and chronic fatigue syndrome. Guardian agreed to reinstate my client’s LTD benefits. What made this case somewhat unusual is how Guardian’s policy defined disability.

Like most group LTD plans and policies, the Guardian policy defined disability for the first 24 months as being unable to perform your own occupation. However, while most LTD plans define disability as being unable to perform any other occupation thereafter, the Guardian policy defined disability as being unable to perform at least two of six activities of living (“ADLs”).

The significance of the Guardian definition is that after the own occupation period it placed more emphasis on vocational expertise than usual. Whereas an LTD claim typically revolves around a battle of medical experts, here the focus centered on the findings and opinions of vocational experts. I have no doubt that Guardian would not have reinstated my client’s benefits if she had not retained a vocational expert to rebut the opinions of Guardian’s vocational expert.

The main issue in every LTD case is what does the medical and vocational evidence provide. Unfortunately, I have found that the vocational aspects of LTD claims are frequently given too little attention or are overlooked altogether. That simply cannot be the case in any instance where an LTD plan or policy defines disability based on ability to perform ADLs.

Saturday, April 23rd, 2011

Consultative Examinations

If you apply for Social Security Disability (“SSD”) benefits in the New York metropolitan area, you will probably be sent to a doctor from Industrial Medicine Associates for a consultative examination (“CE”). Although the regulations actually provide very limited circumstances when a CE is appropriate, Social Security requires them in the vast majority of cases. CE’s are a single exam, and as the courts have ruled, provide opinions that are vague.

A CE’s opinion is usually unreliable compared to a treating doctor’s opinion. A CE frequently takes insufficient time to perform an adequate exam. Many claimants have testified that their CE lasted less than five minutes, and one examiner was even removed from CE eligibility after admitting he lacked the time to perform valid exams.

I represent a former dry wall apprentice, janitor-custodian, and tow truck operator whose on-the-record request for a fully favorable decision (“OTR”) was approved today by an Attorney Advisor. In granting the OTR, the Attorney Advisor explained that he gave less weight to the CE’s opinion because it was based on only one exam, and was vague.

The five Queens Administrative Law Judges (the “Queens Five”) who are the subject of the class action alleging that they are biased against claimants, constantly deny claims by elevating the opinions of CEs over treating physicians. If an Attorney Advisor understands that it is improper to give greater weight to a CE than a treating physician, then shouldn’t the Queens Five be able to understand that too, especially since their decisions have been rejected by federal court judges for that very reason?

Friday, April 22nd, 2011

Evidence of Hoppenfeld Bias

Recent blog entries have discussed the class action lawsuit that was filed earlier this month that accuses Administrative Law Judges (“ALJs”) Marilyn P. Hoppenfeld, David Nisnewtz, Michael D. Cofresi, Seymour Fier, and Hazel C. Strauss (the “Queens Five”) of bias against disability claimants. The New York Times first reported news of the class action. In the Resources section of my website, iwantmydisability.com, a copy of the New York Times article can be viewed, and a copy of the class action complaint that was filed in federal court can be downloaded.

A common tactic the Queens Five use to deny disability claims is using “medical experts” to testify at hearings. These doctors only review the records of claimants; they never examine the claimants. The Queens Five deny disability claims by accepting the medical experts’ opinions, who testify claimants can work, in favor of the treating doctors’ opinions, who conclude the claimants cannot work.

When I attend hearings at the neighboring hearing offices in Jericho and Brooklyn, it is the exception if the ALJs use medical experts. The opposite is true when I appear in Queens. In fact, I had one case recently where ALJ Nisnewitz required three medical experts as well as a vocational expert to testify. However, ALJ Hoppenfeld just provided an even more interesting example of how medical experts are misused.

During a hearing a couple of months ago, a claimant asked for an adjournment so that she could retain an attorney. Hoppenfeld had scheduled the original hearing without any type of expert. However, without any explanation, after learning that the claimant retained me, Hoppenfeld suddenly saw a need for, not one, but two medical experts. Additionally, Hoppenfeld also suddenly found a need for a vocational expert to testify. Nothing changed after the claimant’s hearing. The only thing that is different is that Hoppenfeld now knows that I am representing the claimant.

When Hoppenfeld was holding a hearing with a pro se claimant, she apparently was not worried about denying the claim even though the evidence would not support that decision. However, now that Hoppenfeld knows an attorney will be present, it seems that she recognizes that she has to concoct evidence through medical and vocational expert testimony to deny the claimant’s application.

Thursday, April 21st, 2011

ALJ Nisnewitz Rejected Again

Another U.S. District Court Judge, Denis Hurley, has rejected the decision of Administrative Law Judge (“ALJ”) David Nisnewitz that denied Social Security Disability benefits. In Day v. Astrue, once again, ALJ Nisnewitz relied upon the opinion of a non-examining medical expert (“ME”) to deny the claimant’s application, even though federal court judges have previously told the ALJ that the testimony of an ME “does not constitute substantial evidence to overcome the opinions of the treating physician” that the claimant is disabled.

ALJ Nisnewitz knows from his past cases that he cannot elevate an ME’s opinion over a treating physician’s opinion, yet he insists on repeating the same mistake. What possible excuse could ALJ Nisnewitz offer for repeating the same errors over and over?

The American Heritage Dictionary defines “bias” as a preference that inhibits impartial judgment. Since ALJ Nisnewitz has a history of repeatedly making the same mistakes, it is logical to conclude that his preference for denying disability claims inhibits his impartial judgment.

In my September 29, 2009 blog entry, I wrote, “It is unlikely that anything will be done about biased ALJs because the courts rely upon the SSA to investigate such matters, and in my experience the SSA evades that responsibility.” As noted in my recent blog entries, a class action lawsuit was filed this month accusing ALJ Nisnewtz and ALJs Michael D. Cofresi, Seymour Fier, Marilyn P. Hoppenfeld and Hazel C. Strauss (the “Queens Five”) of bias against claimants. As a result of the class action, the Social Security Administration will not be able to evade its responsibility for investigating the bias of the Queens Five.

Friday, April 15th, 2011

ALJ Bias Class Action

Last Wednesday, I wrote about the class action lawsuit filed against Administrative Law Judges (“ALJs”) David Z. Nisnewitz, Michael D. Cofresi, Seymour Fier, Marilyn P. Hoppenfeld and Hazel C. Strauss (the “Queens Five”). If you are interested in the details of that lawsuit, I have added a link under my website’s Resources tab so you can read the actual complaint that was filed in court.

It should be noted that the lawsuit excludes three other ALJs in Queens hearing office: Margaret Pecoraro, Sol Wieselthier and Gal Lahat. There is a consensus that none of these three ALJs have exhibited the pattern and practice of anti-claimant bias that the Queens Five have demonstrated.

One of the goals of the class action lawsuit is to annul the decisions of the Queens Five that denied claims of disability claimants, and to provide new hearings before ALJs other than the Queens Five. If your disability claim has been denied in whole or part by one of the Queens Five, then you should consider contacting the attorneys representing the plaintiffs to ensure your inclusion in the potential class.

Friday, April 15th, 2011

Working And SSD

After your Social Security Disability (“SSD”) application is approved you might be able to work without losing your benefits. A trial work period (“TWP”) allows you to test your ability to work for at least nine months without losing benefits, regardless of how much you earn, as long as your condition has not improved.

The first 36 months after the TWP ends is the re-entitlement period, during which SSD benefits can be reinstated without filing for a new period of disability. You can receive full SSD benefits for two additional months, the grace period, regardless of how much you earn.

The Appeals Council reviews SSD claims that Administrative Law Judges have denied. The Appeals Council rarely approves SSD claims, and Appeals Council allowances comprise only 0.1% of all approvals. Today, I received an Appeals Council approval for a 52 year old former youth coordinator, who had received a partially favorable decision.

The claimant returned to work for eleven months after he stopped working due to neck, knee, and back problems. The Appeals Council found that the claimant’s medical condition had not improved during those eleven months, even though he had resumed working. After applying the nine month TWP and two month grace period the Appeals Council ruled that there would be no break in the claimant’s SSD benefits.

Wednesday, April 13th, 2011

ALJ Bias In Queens

I have addressed the issue of Administrative Law Judges’ (“ALJs”) bias in the Queens Social Security hearing office on several occasions. The Social Security Administration (“SSA”) even implied that my raising the issue of ALJ bias in my blog was untrue and disparaging. However, an article published in today’s New York Times validates my opinion.

In “Suit Alleges Bias in Disability Denials by Queens Judges,” Sam Dolnick wrote that the Queens hearing office, “is well known to lawyers, judges and many other New Yorkers as an inhospitable place to seek benefits.” The article cites statistics and comments from the same sources as my blog entries to demonstrate the aberrantly high denial rate for ALJs David Z. Nisnewitz, Michael D. Cofresi, Seymour Fier, Marilyn P. Hoppenfeld and Hazel C. Strauss.

Jim Walden is the attorney bringing the class action against the ALJs. The lawsuit seeks to bar the five ALJs from hearing any more claims, and to annul all their decisions since 2005 to deny benefits. My blog entries have asked how is it possible that Queens ALJs repeatedly make the same errors. Likewise, Mr. Walden said that the Queens ALJs “make the same legal and factual errors again and again.” Succinctly, Mr. Walden said that, “It is routine and systemic, and it shows you the fix is in.”

Wednesday, April 13th, 2011

Federal Court Decision

I was retained to file an action in federal court seeking Social Security Disability (“SSD”) benefits that had been denied by Administrative Law Judge (“ALJ”) Robin Arzt. Today, Magistrate Judge (“MJ”) Ronald Ellis recommended that the ALJ’s decision be reversed, and remanded solely for a calculation of SSD benefits. The MJ’s decision is somewhat unusual since a majority of SSD cases are denied, and of those granted, most remand for another hearing before the same ALJ who heard the claim previously.

The claimant’s doctors said the claimant could not do sedentary work. However, ALJ Arzt rejected their opinions’ on the grounds that they supposedly were inconsistent with their clinical notes. MJ Ellis ruled that “it is well-settled that rejecting the opinion of a treating physician solely based on internal inconsistencies is error.” MJ Ellis noted that the treating doctors’ opinions were not contradicted by any other doctor, and that the ALJ had simply substituted her opinion for that of competent medical evidence.

MJ Ellis said that in the absence of contradictory medical evidence, there was no reason to remand the case for another hearing, especially since the claimant had filed for SSD benefits over six years ago. When looking to retain an attorney to handle your SSD case, ask for their experience litigating SSD cases. Understanding the issues that are important in federal court can help secure SSD benefits when the application is pending at Social Security, which can result in benefits being awarded years earlier.

Sunday, April 10th, 2011

ALJ Strauss Rejected Again

This is a follow up to my March 20, 2011 post entitled “ALJ Strauss Reversed Again, which has become a series of posts discussing how the federal courts are continually reversing the Social Security Disability (“SSD”) decisions of Administrative Law Judge (“ALJ”) Hazel Strauss. The decisions of U.S. district court judges reveal Strauss’ pattern of denying SSD claims by failing to comply with applicable rules and regulations.

Caira v. Astrue, 2011 WL 1326607 (E.D.N.Y. March 31. 2011), is the latest reported decision involving ALJ Strauss. Consistent with Strauss’ pattern of improperly denying SSD claims, in Caira, U.S. District Court Judge Raymond Dearie commented that, “At best, therefore, ‘the ALJ reached a mistaken conclusion.” Judge Dearie seems to imply that Strauss did not reach her erroneous decision as a result of a simple mistake. Judge Dearie stated that Strauss’ rationale for her erroneous decision was a “mystery,” and that she “simply declared, without any analysis, that she gave ‘significant weight’ to the opinion of [the] consulting examiner,” and the State agency’s non-examining doctor. Judge Dearie ruled that Strauss “accepts these doctors’ bald conclusions despite substantial contemporaneous and contradictory evidence in the record.”

Judge Dearie also criticized Strauss’ slanted selectivity. Specifically, Judge Dearie found that Strauss “provided no basis for choosing one account over the other;” failed to incorporate the relevant facts into her analyses; “jumped to conclusions that were not adequately supported by the consultants reports;” and “credited only the sliver of [the treating doctor’s] written opinion which suits a finding that the claimant is not disabled, but ignored the vast majority of the opinion counseling otherwise.” Therefore, Judge Dearie concluded that, “At best, therefore, ‘the ALJ reached a mistaken conclusion.”

Judge Dearie also found that Strauss’ reasons for rejecting the claimant’s credibility in Caira to be defective. Specifically, Judge Dearie found that Strauss’ “contentions are puzzling in light of the extensive documented objective evidence of the claimant’s disability.” Judge Dearie added that Strauss mischaracterized and overstated the claimant’s daily activities, which did not “even minimally” support an ability to work. To the contrary, Judge Dearie determined that, “There is not a hint of evidence in this case of fraud or malingering, and persuasive evidence exists of disability.”

Perhaps Judge Dearie is finally fed up with Strauss’ transparently wrong decisions. With seeming frustration with Strauss’ decision in Ciara, Judge Dearie refused to subject the claimant to another hearing before ALJ Strauss. Using harsh language for a federal district court judge, Judge Dearie held:

The Court will not sanction such a pointless exercise when proper application of the law to the existing record permits a single conclusion: that claimant is disabled and entitled to benefits.

A federal court has now explicitly announced that it is “pointless” to require a claimant to continue through the appeal process for a Strauss decision. At what point does the Social Security Administration have an obligation to pay attention to what the federal courts are saying about Strauss’ decisions? What point is there to wasting judicial and Administration resources by requiring claimants to appeal Judge Strauss’ decisions that follow her pattern of improperly rejecting and discrediting the opinions of treating physicians and claimants’ credibility?

Friday, April 8th, 2011

Seven Year Wait Over

I was asked by another attorney to take over the Social Security Disability (“SSD”) case of a 52 year old Salvadoran aircraft plater who speaks very little English and has no formal education. The U.S. District Court granted my summary judgment motion, and remanded the case back to Administrative Law Judge (“ALJ”) Seymour Rayner.

The claimant had applied for SSD benefits in 2004, and had treated with various specialists for his lumbar radiculopathy since that time. Eventually, the claimant continued his treatment with his internist only when it was determined that there was little else his other doctors could do to improve his condition.

At the remanded hearing, among other things, I pointed out that the ALJ had previously been under the mistaken impression that the claimant’s internist was a chiropractor, which resulted in his opinion being given less weight. This time, the ALJ gave great weight to the internist’s opinion because he had been treating the claimant since 2004. Today I received a fully favorable decision from ALJ Rayner.

It is possible that had the mistake been brought to the ALJ’s attention upon reviewing the original decision, then the ALJ may have been persuaded to conduct a supplemental hearing to correct the error. As it stands, the claimant had to wait nearly three years for a decision from (a) the Appeals Council, which was a denial and the point at which I took over the case, and (b) federal court, which remanded the decision.

 

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    • Unemployment Benefits Do Not Preclude SSD
    • ALJ Relies On Disgraced “Medical Expert”
    • SSD Approved for Crohn’s Disease
  • July (4)
    • NYSLERS
    • Claimant Credibility and Work History
    • NYS OTDA Fraud Update
    • SSD Approved in Less Than Months
  • June (2)
    • Padro Benefits
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  • May (7)
    • Combined Disabling Conditions
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    • Combined Disabling Conditions
    • Cancer Claims
    • Deceptive Insurance Practices
    • Cyclic Vomiting Syndrome
  • April (3)
    • Kudos To ALJ Wexler
    • Vocational Report Pays Off
    • Holding IMA Accountable
  • March (5)
    • Vocational Expert
    • Easy Case For ALJ
    • SSD Approved in 2.5 Months
    • ALJ Quotas
    • NYSLERS
  • February (3)
    • ALJ Quotas
    • Appealing Partially Favorable SSD Decisions
    • Subpoenas
  • January (3)
    • SSA Self Policing
    • IMA Folly
    • State Agency Fraud
  • 2015 (50)
  • December (1)
    • Sun Life Reverses Denial
  • November (6)
    • DDS Continues to Purge Evidence
    • Proposed LTD Regulations
    • Reliance Approves LTD After Deadline
    • Approval for Toll Collector
    • The Consequences of SSD Delays
    • Acupuncture
  • October (3)
    • Bilateral Manual Dexterity
    • SSD Waiting Times
    • Good News?
  • September (7)
    • SSA Continues Prejudicial Policy
    • Psychotherapy Notes
    • Vocational Evidence Determinative
    • Treating Doctor Testimony
    • IMA Notices
    • SSA Delays
    • SSA INTENTIONALLY INCREASING DELAYS
  • July (3)
    • NYS OTDA Fraud
    • Proper Proffer Procedures
    • Report IMA & DDS Fraud To Inspector General
  • June (2)
    • Undisclosed ALJ Rule
    • SSA Uses Gynecologist To Deny Man’s SSD Claim
  • May (1)
    • Prudential Settles LTD Claim
  • April (2)
    • AMENDING SSD ONSET DATE
    • Padro Benefits
  • March (5)
    • New IMA Fraud & Worse
    • Mental Health Records
    • CROM Testing
    • Padro: Relief too little, too late
    • IMA Evading Law Again
  • February (8)
    • SSD for School Custodian
    • 28 Months For Approval
    • SSD With No Hearing
    • State Agency Analyst Lied
    • Social Security Backlog
    • Social Security Backlog
    • Chronic Fatigue Syndrome Renamed
    • Go Figure
  • January (12)
    • IMA Disability Services
    • Sadistic IMA Conduct
    • A Padro Success
    • Disability for Breast Cancer
    • Continuing Disability Review
    • CIGNA Reverses LTD Termination
    • Disability Hearing Witnesses
    • The State Agency Concedes
    • Social Security Fraud
    • Congress Killing Disability
    • Binder & Binder Bankruptcy
    • SSD In Less Than A Month
  • 2014 (60)
  • December (8)
    • Hearing Wait Gets Worse
    • Internists’ Disability Opinions
    • Binder & Binder Goes Bankrupt
    • SSA Form 821
    • Dementia
    • Sensorineural Deafness
    • CIGNA Says Claimant Cannot Do Any Work
    • Biased SSA Review Policy
  • November (3)
    • Videotaping IMEs
    • Unum Agrees Claimant Can’t Do Any Work
    • Remand Reversal
  • October (5)
    • Pseudarthrosis
    • Proper Hearing Notice
    • Video Taping Consultative Examination
    • Antiphospholipid Syndrome
    • Non-Hodgkin’s Lymphoma
  • September (5)
    • SSA Still Not Using eCAT Properly
    • Supplemental Hearing Cancelled
    • Establishing Mental Disability
    • Passive Income
    • Langerhans Cell Histiocytosis
  • August (2)
    • IMA Disability Services
    • Federal Court Reverses CIGNA
  • July (3)
    • SSD for RSD
    • State Agency Waste and Delay
    • Lyme Disease
  • June (1)
    • SSD Benefits for Hearing Loss
  • May (6)
    • SSD For Landscaper
    • Disability Retirement Approved Without A Hearing
    • SSD for Cement Truck Driver
    • USDC Reverses ALJ Wolfe
    • Disability Etiology
    • Unum Field Visit
  • April (5)
    • Disability Benefits for Truck Driver
    • Autoimmune Hepatitis
    • Establishing Mental Disability
    • Unum Reapproval
    • Medicaid Disability Determinations
  • March (7)
    • Patchogue Problems Persist
    • Benefits Turned On Vocational Error
    • SSA Staff Attorneys
    • Disability Benefits While Working
    • Scleroderma
    • Agoraphobia
    • Padro Deadline
  • February (4)
    • State Agency Reports Misrepresentations
    • Amending Onset To Avoid Hearing
    • Carpenter Avoids Disability Hearing
    • Brugada Syndrome
  • January (11)
    • Disabling Mitral Valve
    • SSA Secret Rule
    • The Electronic Claims Analysis Tool (eCAT)
    • If You Die Before Benefits Are Approved
    • Media Deception
    • CIGNA Reverses STD & LTD Decisions
    • Disabling Sleep Apnea
    • Padro Settlement Agreement A Joke
    • Appealing Partially Favorable Decisions
    • Social Security in the News
    • Hoppenfeld Refused To Comply With Padro
  • 2013 (84)
  • December (4)
    • CIGNA Loses Standard of Review Motion
    • Prudential Cancels IME
    • Cirrhosis
    • Disability And Work History
  • November (3)
    • Common Sense
    • Pre-onset Medical Evidence
    • Aetna Reverses LTD Termination
  • October (8)
    • Social Security Benefit Increase
    • Reopening Prior Application
    • Wegener's Granulomatosis
    • SSA “Quality” Review By QRB
    • Dire Need
    • Padro Settlement Approved
    • Social Security Increase
    • Government Shutdown
  • September (3)
    • More DDS Waste
    • Fraud In The Social Security Disability process
    • Medical Expert Interrogatories
  • August (12)
    • Reviewing An Employer’s Work Description
    • Podiatrists
    • Off Task
    • Social Security Reconsideration
    • Fully Favorable Decisions
    • Operative Reports
    • Unusual SSD Approvals
    • Risky Side Effects
    • ALJ Strauss Claimants
    • Unsuccessful Work Attempt
    • Unum Pressures Doctors
    • Patchogue Continued Ineptitude
  • July (11)
    • Is Strauss Serious?
    • Is It The New Commissioner?
    • Padro Class Action Problem
    • Padro Class Action Hearing Next Week
    • Replace UNUM
    • Expediting SSD Hearings
    • Court Said IME Doctor Lied
    • Continuing Disability Review
    • Podiatrists
    • Connect The Dots
    • Unum Ordered To Produce Witnesses For Depositions
  • June (5)
    • Social Security Form DDD-3883
    • Acceptable Medical Sources
    • Petition Regulators About Unum
    • Consultative Exam Withdrawn
    • Padro Class Action Notices
  • May (6)
    • Rejecting SSA Remand Offer
    • CIGNA Regulatory Settlement
    • Polymyositis
    • NOSSCR Conference
    • SSA Misinformation
    • Padro Class Action Settlement
  • April (10)
    • DDS Actually Listened
    • Padro Class Action Update
    • Same Day SSD & DI Award
    • SSD for Letter Carrier
    • Illusory Unum Approval
    • Work History & Credibility
    • Lupus
    • Thank You Judge Irizarry
    • Crohn’s’ Disease
    • Work History
  • March (6)
    • Eliminate the SSD Waiting Period
    • Urinary Incontinence
    • SS Retirement or Disability?
    • Ignoring Unreasonable Requests
    • Officer Approved in 2 Months
    • PADRO Class Action
  • February (8)
    • Updating Evidence
    • SSD & Chiropractors
    • SSD Approved In Under 2 Months
    • Hypertrophic Cardiomyopathy
    • Queens ALJ Bias Plaintiff
    • Breast Cancer
    • CIGNA LTD Fraud Template
    • Unsuccessful Work Attempt
  • January (8)
    • Why DDS Denies SSD Claimants
    • Partially Favorable Onset Appeal
    • Treating Physician Rule
    • FCE Spurs Unum Approval
    • Commendable Action By ALJ
    • ERISA Exception
    • Importance of Vocational Evidence
    • State Agency Exam Notices
  • 2012 (87)
  • December (4)
    • SSD Approved In 3 Months
    • Social Security Myth
    • Subpoena Leads to SSD Award for Rheumatoid Arthritis
    • Another CE Problem
  • November (4)
    • CIGNA Bad Faith Affirmed
    • Walking Time Bomb
    • Three Heads Are Better Than One
    • Power Restored
  • October (7)
    • Appeals Council Remands
    • Social Security & The Presidential Election
    • SSD Claimants Need To Review Their Efolders
    • Firefighter Awarded SSD
    • Obesity & Disability
    • Videotaping IMA Consultative Examinations
    • Biased Hoppenfeld Decision Reversed
  • September (4)
    • Ileocolic Resection
    • ALJ Bias Overcome
    • Updating Medical Evidence
    • Should I Take Early Retirement?
  • August (9)
    • IMA Disability Services
    • Carpenter Wins SSD For Wrong Reason
    • Padro ALJ Bias Class Action To Be Settled
    • Binder & Binder Replaced
    • If at first …
    • IMA Disability Services
    • The Office of Medical and Vocational Expertise
    • Newsday Article
    • The SSD “12 Month Rule”
  • July (6)
    • Medical Expert Interrogatories
    • Patchogue Ineptitude
    • Emphasizing Work History
    • Reopening Disability Applications
    • What is NY Waiting For?
    • When Objective Evidence Isn't Enough
  • June (10)
    • Disability Benefits For Nurse
    • Bench Decision
    • Hearing Avoided
    • Disability Pension Award From Union
    • IMA Exams In New York
    • AARP On SSD
    • How Much Will Social Security Pay You?
    • SSD & Unemployment Benefits
    • State Agency-IMA Bad Faith Tactics
    • Why Bother With An Exam By IMA?
  • May (14)
    • Workers Compensation & SSD
    • Hoppenfeld Bias
    • Veteran Gets SSD for Memorial Day
    • Vocational Evidence
    • Establishing Mental Disability
    • IMA Exam Is Not Required
    • Postherpetic Neuralgia
    • Multiple Sclerosis
    • Disabling AION
    • Proof of Birth for SSD
    • Corroboration is not Superfluous
    • Social Security Listings
    • CIGNA CONTINUES ILLEGAL CONDUCT
    • Fast SSD Approvals
  • April (9)
    • Impaired Use of Hands
    • Representative Payee
    • Onset Appeal
    • Amending SSD Onset Date
    • State Agency Vocational Experts
    • Causation and Social Security Disability Benefits
    • Alport Syndrome
    • David Nisnewitz Found Unfit To Be ALJ Again
    • Reopening SSD Applications
  • March (6)
    • Another Example of ALJ Fier's Bias
    • Physician Specialty
    • Medical Source Statements
    • Podiatrists and Disability Benefits
    • Retaining Social Security Experts
    • Transparent Hoppenfeld Bias
  • February (7)
    • State Agency Disability Analysts
    • SSD & WC
    • SSA Should Reimburse Travel
    • Disability Benefits For Carpenter
    • Carpal Tunnel Syndrome
    • SSD Approved in Two Months
    • Reflex Sympathetic Dystrophy
  • January (7)
    • Veterans Medical Source Statements
    • Disabled by Schizophrenia
    • Receiving SSD Benefits and an Income
    • Vocational Credibility
    • SSD For Police Officer
    • Kienbock's Disease
    • Patchogue Incompetence
  • 2011 (89)
  • December (4)
    • Binder and Binder
    • Appeals Council Doltishness
    • NYCERS Disability Pension
    • Can You Receive SSD If You Have Income?
  • November (6)
    • Rheumatoid Arthritis
    • Multiple Impairments
    • Adverse Evidence
    • Cerebrovascular Accident & SSD
    • Was A Video Hearing Needed?
    • NOSSCR Conference
  • October (7)
    • SSD Approved in 2 Weeks
    • SSD Approved In 2 Months
    • Disability and Diabetes
    • Social Security Benefit Increase
    • Vocational Experts
    • IMA Consultative Examinations
    • Hoppenfeld & The Rotation Policy
  • September (9)
    • Alzheimer’s
    • Federal Court Reassigns Nisnewitz Case
    • Approval After Federal Court Remand
    • Abusive Hoppenfeld Conduct
    • Rheumatoid Arthritis
    • SSD Overpayments
    • LTD Approved In Less Than A Month
    • Maximizing Disability Benefits
    • Mixed Connective Tissue Disease
  • August (7)
    • When To Amend The Disability Onset Date
    • Right To Cross Examine Post Hearing Experts
    • Commissioner’s Statement Is Offensive
    • Gilding the Lily
    • SSD Approved in 2.5 Months
    • When to File for SSD
    • Disability & Incontinence
  • July (11)
    • Hoppenfeld Fibromyalgia Bias
    • On The Record Requests
    • LTD Approved In Two Months
    • Work History
    • Relocating While Disabled
    • Carpal Tunnel Syndrome
    • Getting Disability Benefits Quickly
    • SSD Approved in 3 Months
    • SSD Approved In Two Months
    • SSD & WC Offset
    • Disability Analysts
  • June (7)
    • Federal Court Decision
    • Social Security Depravity
    • Depression and Anxiety
    • Fully Favorable Appeals Council Order
    • Erythema Multiform Major
    • SSD in Three Months
    • Lincoln Life Pays LTD Benefits
  • May (8)
    • Acquiring Work Skills
    • Court Rejects CIGNA LTD Termination
    • Disability Benefits & Substance Abuse
    • Endometriosis
    • SSD Approved In 2 Months
    • Raising The Retirement Age
    • No More Paper Checks
    • Treating Doctors
  • April (11)
    • SSA Prehearing
    • Disability Redefined
    • Consultative Examinations
    • Evidence of Hoppenfeld Bias
    • ALJ Nisnewitz Rejected Again
    • ALJ Bias Class Action
    • Working And SSD
    • ALJ Bias In Queens
    • Federal Court Decision
    • ALJ Strauss Rejected Again
    • Seven Year Wait Over
  • March (8)
    • Lyme Disease
    • ALJ Strauss Reversed Again
    • Remand To A New ALJ
    • “Secret” Child’s Benefits
    • Unfair CIGNA Tactics Detailed
    • LTD Policy Offsets
    • Partially Favorable Decisions
    • SSD While Working
  • February (9)
    • Expediting Disability Benefits
    • Multiple sclerosis
    • Date Last Insured
    • Radiculopathy
    • Videoconference Hearings
    • Expediting Disability Benefits
    • Patchogue Incompetence
    • Federal Court Decision
    • Union Disability Approved
  • January (2)
    • Does ALJ Strauss Try To Get Reversed?
    • ALJ Fier Unfit To Rehear Case
  • 2010 (75)
  • December (7)
    • SSA Notice of Awards
    • SSA Doctors
    • Protective Filing Date
    • SSA Delays
    • On The Record Requests
    • Dialysis & Disability
    • Disability Opinions & Medical Tests
  • November (7)
    • LTD and SSD
    • CIGNA Sued For Surveillance
    • Attorney Advisors
    • Social Security Doctors
    • Unum Reverses Termination
    • Electronic Records Express
    • Multiple Impairments
  • October (4)
    • Liver Cancer
    • Unum Approves Fibromyalgia Claim
    • Comorbid Conditions
    • “Partially Favorable” Decisions
  • September (6)
    • Income Doesn't Bar Disability Benefits
    • Celiac Disease
    • Proving Disabling Pain
    • EAJA Fees
    • IMA Disability Services
    • Self Employment
  • August (5)
    • Headaches
    • Ankle Injuries
    • Partially Favorable Decisions
    • Bench Decisions
    • Fibromyalgia
  • July (6)
    • Medical Listing Opinions
    • Treatment Records
    • Avoiding SSD Hearings
    • Federal Court Remand
    • The MTA & SSD
    • When Work Doesn’t Count
  • June (7)
    • Gastroparesis
    • Sjogren's Syndrome
    • Benefits After A Federal Court Remand
    • Firefighter Gets SSD Benefits
    • Prudential Approved LTD, For Now
    • Chronic Fatigue Syndrome
    • Getting Benefits While Working
  • May (7)
    • EAJA Fees
    • Stroke
    • New Jersey District Court Remand
    • District Court Remand
    • ALJ Hoppenfeld Overtly Acts Biased
    • Veterans
    • NYCERS & SSD
  • April (8)
    • Medical Evidence and Functionality
    • Deceptive SSA Notices
    • Onset Date
    • Queens ALJs
    • When Can You File For SSD Benefits?
    • Parkinson’s Disease
    • Consultative Exam (“CE”) Ruled Improper
    • EAJA Fees
  • March (5)
    • Consultative Examinations
    • New Office
    • Complaining About Biased ALJs
    • IMA Disability Services
    • Multiple Impairments
  • February (6)
    • NYCERS
    • Primary Care Physicians
    • Social Security Rulings
    • Anxiety
    • Fibromyalgia
    • Retrospective Medical Opinion
  • January (7)
    • Disability For Federal Employees
    • The Grids
    • Chronic Fatigue Syndrome
    • Adult Disabled Children
    • Charcot-Marie-Tooth
    • Depression and Anxiety
    • RSD/CRPS
  • 2009 (60)
  • December (5)
    • Getting SSD Even If You Can Work
    • Health Insurance For Children
    • Health Insurance For Children
    • Settling With CIGNA
    • Avoiding An Improper Consultative Exam
  • November (5)
    • Multiple Sclerosis
    • Protective Filing Dates
    • SSD Delays
    • Reopening Past SSD Denial
    • ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
  • October (7)
    • Listed Impairments
    • Multiple Medical Sources
    • Attorney Advisors
    • Avoiding Consultative Examinations
    • Atypical Parkinson’s
    • Chondromalacia
    • Subpoena The SSA Doctor
  • September (3)
    • Prudential Reverses Fibromyalgia STD & LTD Denial
    • ALJ Nisenewitz: Stupid or Biased?
    • LTD & Health Insurance
  • August (3)
    • Teacher Finally Receives SSD Benefits
    • SSA Consultative Examiners
    • Child’s Benefits
  • July (4)
    • Retrospective Medical Opinions
    • Senior Attorney Adjudicators
    • Medical Improvement
    • Fibromyalgia
  • June (4)
    • Chronic Fatigue Syndrome (CFS)
    • Dictionary of Occupational Titles
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    • Subpoena Denials
  • May (5)
    • Courts Rules CIGNA Is Biased
    • SSD & Taxes
    • ALJ Hoppenfeld Must Be Barred From FMS Cases
    • Don’t Believe Everything You Read
    • On The Record Request
  • April (4)
    • Avoiding SSD Remand Hearing
    • NYCERS Disability Retirement
    • Submitting Medical Records
    • CIGNA Ordered To Pay For Its Actions
  • March (9)
    • Oops, CIGNA’s Done It Again
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    • Hearing Notice
    • Appeals Council Rebukes ALJ Fier
    • Unsuccessful Work Attempts
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    • Disability & Downsizing
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    • Obama Disability Benefit
  • February (4)
    • SSI Decisions
    • Responsive Doctors
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  • January (7)
    • Court Blasts CIGNA LTD Benefit Termination
    • Obama and Social Security Benefits
    • “Fully Favorable” Decisions
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    • Notice of Dismissal
    • Initial SSA Decisions
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  • 2008 (70)
  • December (5)
    • Unum Cases In New York
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    • Prior Applications
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  • November (5)
    • Depression & OCD
    • Overpayment
    • Medical Specialists
    • Best Medical Evidence
    • Appeals Council Remand
  • October (6)
    • Social Security Files
    • Applicaiton Filing Date
    • Representing Yourself
    • Disabled Voters
    • Vertigo
    • Multiple Impairments
  • September (4)
    • Medicare
    • ALJ Hoppenfeld
    • Fibromyalgia
    • Appeals Council Remand
  • August (8)
    • Myasthenia Gravis
    • More Is Better
    • Disability Benefits & Work
    • SSA Medical Reports
    • Negotiating Disability Benefits
    • Consultative Examinations
    • GMA Exposes CIGNA
    • Work History
  • July (6)
    • Onset and Application Dates
    • Supreme Court Helps LTD Claimants
    • Expediting SSD Cases
    • Two Heads Are Better Than One
    • LTD Litigation
    • Retrospective Medical Opinions
  • June (7)
    • Establishing An Onset Date
    • Field Visit
    • Multiple Attorneys
    • Self Employment
    • Special Accommodations
    • Multiple Disability Benefits
    • Clarifying Objective Evidence
  • May (3)
    • Unum Games
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    • Credit Disability Insurance
  • April (7)
    • “Fully Favorable” Decisions
    • Treating Sources
    • SSD & Mental Disability
    • Using Vocational Evidence To Expedite Benefits
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  • March (3)
    • Objective Evidence
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  • February (9)
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    • Unum Reassessment Loophole
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    • Consultative Examinations
  • January (7)
    • “Accentuate The Positive, Eliminate The Negative”
    • Dire Need
    • How To Avoid Hearing Delays
    • Police Disability
    • Seminar
    • Expediting LTD Benefits
    • Uveitis
  • 2007 (58)
  • December (7)
    • TBI and Vocational Evidence
    • Failure To Receive Notice
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    • Inability To Speak English
    • Discovery In ERISA Cases
    • Don’t Be Intimidated By DDS
    • Multiple Sclerosis
  • November (7)
    • Avoiding Hearings
    • Working Does Not Preclude Benefits
    • Be Wary of Forms
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    • Consultative Examinations
    • Purpose of SSD Hearing
  • October (6)
    • Why Wait?
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    • Overreach For Disability Retirement
    • Vertigo
    • No Objective Testing Required for Chronic Fatigue
    • Non-binding Disability Decision
  • September (3)
    • Always Review Your File
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    • The More The Merrier
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  • June (4)
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