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Friday, January 31st, 2014

Disabling Mitral Valve

According to the Mayo Clinic, mitral valve regurgitation happens when your heart’s mitral valve doesn’t close tightly, which allows blood to flow backward in your heart. When that happens blood can’t circulate efficiently, making you feel tired or out of breath. 

 Surgery is needed to repair or replace the valve for severe cases. The American Heart Association says that if left untreated, severe mitral valve regurgitation can cause abnormal heartbeats that may eventually become life-threatening. 

I represent a 56 year old educator whose Social Security Disability (“SSD”) application was approved today by the State agency. The claimant had previously been denied SSD benefits. He retained me after learning that I was one of the two attorneys willing to submit an affidavit in support of the plaintiffs in the Padro  class action. One can only wonder what the result would be if his new application were reviewed by one of the Padro ALJs.

Friday, January 31st, 2014

SSA Secret Rule

The primary evidence for establishing entitlement to Social Security Disability (“SSD”) benefits is a Medical Source Statement (“MSS”). An MSS summarizes the doctor’s medical findings and conclusions, including an opinion about the claimant’s functional abilities. Many administrative law judges (“ALJs”) used to accept an MSS to approve an SSD application. 

Section 404.1512 of the Social Security (“SS”) regulations addresses the evidence that a claimant must furnish in order to establish entitlement to SSD benefits, but does not require treatment records. Similarly, the POMS list treatment notes as just one of the many types of evidence that may be submitted, but the POMS also does not provide that treatment notes are required. Nor is there any other written SS rule or regulation that requires the submission of treatment records. 

About a year ago, there were discussions about how SS was implementing procedures to reduce the number of SSD applications that were being granted. Coincidentally, it was about that same time that the ALJ who had routinely accepted a MSS to approve an application stopped doing so unless treatment records were also obtained. 

So although there is no written rule or regulation that requires treatment notes to establish entitlement to SSD benefits, it is pretty obvious that SS has instituted an unwritten policy to require treatment records. I represent a 50 year old librarian whose SSD application was approved today by an ALJ, but only after the ALJ insisted on receiving treatment records post hearing. Since the treatment records were silent on the issue of functional limitations, it appears that they are being required solely as a credibility test, to confirm that claimant are actually being treated.

Tuesday, January 28th, 2014

The Electronic Claims Analysis Tool (eCAT)

The electronic claims analysis tool (the “eCAT”) is an internet application that the Social Security Administration (“SSA”) uses. The purpose of the eCat is to document a disability adjudicator’s analysis to ensure that all SSA policies are considered during the disability adjudication process. The goal was to foster uniformity so applicants would be treated the same regardless of where they lived. The eCAT produces a Disability Determination Explanation that documents the detailed analysis and rationale for either allowing or denying a claim. The SSA has been using the eCAT nationwide since 2009.

In July 2011, the Office of the Inspector General (the “OIG”) issued a report on “The Effects of the Electronic Claims Analysis Tool.” The OIG noted that one of the SSA policies that the eCAT is designed to consider during the disability adjudication process is whether a consultative examination (“CE”) is needed to get more information about a claimant’s impairment(s) and level of functioning. If so, then the OIG stated that “the examiner should ask the treating sources to perform the examination.” The OIG cited POMS, DI 22510.010 as authority, but there are a slew of other regulations that also require that a treating source be used as the “preferred source” for conducting a CE. The OIG did note that some exceptions to the rule apply, such as where the treating source informed the DDS he/she did not want to perform CEs or did not respond to the request for evidence or answer whether he/she would be willing to perform a CE, if needed.

On March 20, 2013, during Congressional Hearings held by the Ways & Means Committee, the SSA testified that disability adjudicators are required to use eCAT, which is designed to aid in the documenting, analyzing, and adjudicating the disability claim according to SSA regulations. Thus, it is perfectly clear that the eCAT is supposed to ensure that disability adjudicators comply with SSA policies, in particular, asking treating sources to conduct CEs.

Despite the aforementioned, in every Disability Determination Explanation that I have reviewed, the disability adjudicator has stated that a CE is needed, but has failed to ask the treating source to perform it, and no exception to the rule has applied. Is the eCAT designed poorly, or are disability adjudicators simply refusing to comply with the SSA policy and the eCAT? Since the SSA spent a lot of money on eCAT, you would think that it would be designed to ensure that a disability adjudicator complies with a simple and unambiguous policy – asking treating sources to perform CEs.

Monday, January 27th, 2014

If You Die Before Benefits Are Approved

The process for applying and receiving Social Security Disability (“SSD”) benefits is typically a protracted one. It is not unusual for claimant to die before the State agency makes an initial decision, or before an administrative law judge (“ALJ”) can hear the case. Unfortunately, this has happened to several of our clients recently. The question arises, what happens to an SSD claim if you die before benefits are approved?

A deceased claimant’s surviving family member may continue to pursue the disability claim for the benefit of the claimant’s estate, and can collect the benefits if approved. The Social Security Administration will determine the amount of benefits owed, and to whom they are payable. Spouses, children, and the deceased’s estate may be eligible to collect benefits.

The family member who continues an SSD claim will need to submit a copy of the claimant’s death certificate with a “substitution of party”substitution of party form. The surviving family members may be eligible for a continuing dependent’s benefit too. If there is no one eligible to receive the underpayment, it will be necessary to dismiss the disability claim.

Friday, January 24th, 2014

Media Deception

The media likes publishing sensational articles about disability fraud, such as the recent incident involving New York City police officers. The New York Times op-ed published an op-ed written by D. Randall Frye railing about the “fraudsters.” The Times failed to disclose that Frye is an Administrative Law Judge (“ALJ”) with an abnormally low approval rate for Social Security Disability (“SSD”) cases. According to DisabilityJudges.com, ALJ Frye approves 29% of his cases compared to the overall 57% average of the Charlotte hearing office that includes his decisions, which is twice as high. 

Frye proclaims that he is, “more familiar than most people with the system.” If that is true, then why didn’t he provide a more accurate picture of “the system.” As an ALJ, especially the one who is the President of the Association of Administrative Law Judges, you would expect him to provide a neutral opinion that presents both sides of the story. Frye’s failure to do so evidences that he is not a neutral adjudicator, but rather perceives claimants as out to beat “the system,” which is substantiated by his low approval rate. 

What Frye failed to disclose is that from 2010 to 2012, statistics not only show that fewer people are applying for disability benefits, but also that fewer people are being approved. That reflects a decrease of about 7%. Presumably the final 2013 statistics will continue the trend. ALJs have commented to me and my colleagues off-the-record that they have received directions that they must have stronger grounds to approve cases, and the Appeals Council is remanding more ALJ approvals for additional evidence. 

Not only are fewer cases being granted, but it is taking longer to get them approved. I have discussed that the wait for a hearing on an SSD appeal can be avoided by asking an attorney advisor to consider issuing a fully favorable decision. However, the SSA issued a bulletin that now makes it virtually impossible for them to approve an OTR. As a result, I have stopped submitting OTRs, which I used to do on almost every case.

Tuesday, January 21st, 2014

CIGNA Reverses STD & LTD Decisions

I represent a former Senior Director of Program Management (“SDPM”) whose microvascular ischemia forced him to stop working when he was 62 years old. I was retained after CIGNA denied applications for short and long term disability benefits. CIGNA contended that the claimant had the ability to work as a SDPM because he could perform its physical demands. CIGNA had disregarded the fact that the treating cardiologist advised the claimant to stop working to avoid the effect that work stress had on the microvascular ischemia.

The issue that CIGNA failed to recognize is that in this type of situation, risk to health trumps ability to perform work. Courts have refused to allow administrators to deny benefits for future risk when such a denial would put claimants or others at risk, unless the policy at issue expressly denies coverage of such future risks. When assessing whether a future risk of harm or relapse constitutes a disability, the question is the probability of its future occurrence.

I secured a report from the treating cardiologist specifically explaining the substantial risk that continued work as an SDPM posed, including the family history of death from heart disease. I pointed out that CIGNA’s Policy does not exclude risk of future harm. To pre-empt an attempt to limit liability under a 24 month benefit cap for mental conditions, I cited case law where courts held that the stress resulting from the microvascular ischemia constituted a cardiological problem, not a psychological one.

Friday, January 17th, 2014

Disabling Sleep Apnea

According to the National Institute of Health, sleep apnea is a chronic disorder where you have pauses in breathing while you sleep that can last from a few seconds to minutes. They may occur 30 times or more an hour. Sleep apnea disrupts your sleep, which makes you tired during the day. According to the American Sleep Apnea Association, left untreated, sleep apnea can have serious and life-shortening consequences, including: high blood pressure, heart disease, stroke, automobile accidents caused by falling asleep at the wheel, diabetes, and depression.

Sleep apnea can also render you disabled from working. I represent a 55 year old mechanic with sleep apnea, whose Social Security Disability application was approved today less than four months after I filed it. A polysomnogram provided objective diagnostic evidence to support the sleep specialist’s opinion that the claimant could not work due to sleep apnea. The doctor explained that the resultant fatigue caused the claimant’s restrictions and limitations, which precluded even a full range of sedentary work.

Tuesday, January 14th, 2014

Padro Settlement Agreement A Joke

Padro v. Astrue, Commissioner of Social
Security,
Civ. No. 11-1788 (E.D.N.Y.) was a class action brought by
claimants whose applications for disability benefits from Social Security were
denied by one of five Administrative Law Judges (“ALJs”) at the Queens Office
of Disability Adjudication and Review:  ALJ Michael D. “Manuel” Cofresi,
Seymour Fier, Marilyn P. Hoppenfeld, Hazel C. Strauss, and Hearing Office Chief
David Z. Nisnewitz (the “Queens Five”).  The Court approved the settlement
agreement in that action on October 18, 2013.  
 
Under the terms of the settlement,
a class member whose claim for disability benefits was denied from January 1,
2008 through October 18, 2013 is entitled to a new hearing before an ALJ other
than a Queens Five ALJ.   I represent a claimant, whose Social Security
Disability application was denied by ALJ Hoppenfeld on March 15, 2012.
 The Appeals Council remanded the matter back to ALJ Hoppenfeld on July
18, 2013.

ALJ Hoppenfeld refused to recuse herself. 
Her assistant confirmed that my client’s case would not been reassigned
to a non-Queens Five ALJ.  The
entire purpose of the Padro
settlement agreement was to prevent a claimant from having to be subjected to a
second hearing before a Queens Five ALJ, which includes Hoppenfeld. Since
I assumed there must be a mistake, I contacted Susan L. Beller, who
supposedly is responsible for overseeing Padro
claims.

Beller stated that my
client’s hearing would not be reassigned because he was not eligible according
to the HALLEX.  Beller failed to
identify the specific HALLEX number that she claimed applied, but quoted the
following:
1. Retrospective Relief
A class
member eligible for retrospective relief is a claimant who received an
unfavorable or partially favorable decision on a disability claim – including
age 18 disability redeterminations and Continuing Disability Reviews (CDR) –
from any of the five named ALJs between January 1, 2008 and October 18, 2013,
with certain exceptions described below.
 A claimant is not eligible for retrospective relief if:
· A United States District Court affirmed the ALJ decision, and the claimant
did not have a motion to alter or amend the Court’s judgment pending as of the
date the settlement becomes effective; or
· A United States District Court remanded the claim in an order that expressly
declined to reassign the remanded claim to a different ALJ, and the claimant
did not have a motion to alter or amend the Court’s judgment pending as of the
date the settlement becomes effective; or
· the claimant was already found eligible for all benefits for which he or she
could be eligible based on the claim decided by one of the named ALJs; or
· the claimant already received a new decision on his or her claim by an ALJ
who is not a named ALJ; or
· the claim decided by a named ALJ is pending with a different ALJ (other than
one of the ALJs named above) at the time the claimant requests relief.
Beller’s response proves
that the Queens hearing office is treating the Padro settlement agreement as a joke.
Beller
conspicuously failed to say which of the five exceptions applied because she
knows that none of them do.  Beller knows that this case was never in
federal court so the first two exceptions cannot possibly apply.  Beller
knows that the claimant’s benefits have not been approved so the third
exception cannot possibly apply.  Beller knows that no ALJ has heard the
case other than Hoppenfeld so the fourth exception cannot possibly apply.
 Beller knows that the claim is pending with Hoppenfeld so the fifth and
final exception cannot possibly apply.

  

Perhaps more importantly, the relevant source is the settlement
agreement, not the HALLEX.  Section IIIA1(a)-(d) of the settlement
agreement covers exceptions to its application, but Beller failed to say which
supposedly applies to the claimant.  Section
IIIA2 of the settlement agreement states in relevant part: “If a claim to be
readjudicated has been remanded by the Appeals Council and is pending before a
Named ALJ at the time of the Class member’s request for readjudication, the
claim shall be reassigned.”  That is exactly my client’s situation.
 The first sentence of the letter I emailed Beller stated: “I represent
[claimant], whose Social Security Disability application was denied by
Administrative Law Judge (“ALJ”) Hoppenfeld on March 15, 2012.  The
Appeals Council remanded the matter back to ALJ Hoppenfeld on July 18, 2013.“



It is patently obvious that the Queens hearing office continues to
operate in bad faith.  I have also
sought help from the New York Regional hearing office and the Appeals Council,
but my client’s matter has not been reassigned, which raises the question whether any
part of the Agency is taking the Padro
settlement agreement seriously.

Please note that claimants will not be entitled to
reassignment unless they affirmatively request it within 60 days of receiving
the
final Padro notice.  I do not understand why that was
requirement allowed in the settlement agreement because why would anyone choose to have a
second hearing with a Queens Five ALJ?
 
It seems that Social Security is hoping that claimants either will not
receive their Padro notice, or will not understand that they need to insist
that a non-Queens Five ALJ hear their new hearing.

Saturday, January 11th, 2014

Appealing Partially Favorable Decisions

The State agency regularly issues a partially favorable decision (“PFD”) when making initial determinations on Social Security Disability (“SSD”) applications. A PFD should almost always be appealed as this could result in the receipt of substantial additional benefits. 

The first step in appealing is to check all the documents in the eFolder to see if there is a document explaining why a later onset date was chosen. Many times it seems that there is absolutely no reason for the delayed onset date, and that the SSA is simply trying to avoid having to pay additional benefits. Sometimes there is no document in the eFolder that provides a reason why the State agency issued the PFD. I received a fully favorable decision today from administrative law judge (“ALJ”) Seymour Rayner that illustrates this point. 

The claimant’s alleged that she became disabled on February 1, 2011 (the “AOD”). The State agency’s said the claimant became on July 1, 2012 (the “EOD”).
The ALJ asked what evidence the State agency relied upon as the basis for the EOD. I stated that there was no medical record in the file that was created on July 1, 2012, or referred to that date, and that it appeared as if the State agency analyst arbitrarily plucked the EOD out of thin air because it failed to correspond to any evidence. 

The ALJ then asked what evidence the claimant was relying upon to support the AOD. I stated that there were two medical reports from the claimant’s psychiatrist that supported the AOD, by describing why the claimant met the listed criteria for an anxiety disorder no later than the AOD. The claimant also testified that her anxiety did not change on or about the EOD, and had been the same level of severity since the AOD. 

The ALJ agreed that because the claimant’s condition was the same at the AOD as it was at the EOD, the claimant’s onset appeal should be granted. As a result, the claimant received over half a year of additional benefits. 

As a related matter, I submitted a fee agreement stating that, “If the Social Security Administration (“SSA”) decides the claim favorably at the initial, reconsideration or initial Administrative Law Judge (“ALJ”) hearing stage, then Claimant will pay Attorney a fee that is equal to the lesser of twenty-five (25%) of the past due benefits.” (emphasis added). The agreement has been approved countless times where an ALJ issued a favorable decision following a State agency partially favorable decision. ALJ Rayner incorrectly denied the fee agreement on the grounds that it “is only valid if the claim is favorably decided at the initial level.” I’d say that ALJ needs to learn how to use a dictionary, but who doesn’t know the meaning of the word “or”?

Saturday, January 11th, 2014

Social Security in the News

By Susan Golden

There have been numerous stories in the news recently regarding people who are “scamming” the Social Security Disability system by being approved for benefits even though they are not disabled. The most recent such story involved retired policeman and fireman who were coached to fake mental illness. Unfortunately, these are the stories that make it to the news because they are sensational and unusual. On the other hand, stories do not get written about the hundreds of thousands of people who would give anything to continue working, but for various health reasons cannot. These are the people no one ever hears about, the people who can no longer work, who are struggling to make ends meet, but who are wrongly denied benefits by Social Security, because it happens all the time.

In reality, it is extremely difficult to get approved for Social Security Disability benefits. A claimant must have strong support from current treating doctors; without which it is almost impossible to get approved. Even with strong medical support, hundreds of thousands of people are denied benefits due to Social Security’s incompetent and dishonest practices, which deprives thousands of deserving people out of benefits. Social Security inundates claimants with complicated paperwork, sends threatening letters to try to intimidate people, while making it virtually impossible to reach any representative by phone. They take months and months to process cases, normally with the excuse of being overworked and understaffed. Applications are lost, faxes are never received, phone calls never returned; that is if you can even get through at all. The excuses are endless.

Most people get denied at the initial application because the State Agency that reviews the applications usually use civil service clerks, not doctors or lawyers, to make the decisions. They constantly deny people wrongly for various reasons ranging from ignorance to downright stupidity. Once they deny the initial application, the claim has to be appealed and sent to the local hearing office, which wastes hundreds of thousands of dollars of tax payer money. Once at the hearing office, the application is reviewed and eventually a hearing is scheduled after a judge is assigned to the claim. It can take 6 months to a year before the application even gets reviewed, which is actually an improvement over the recent past. The outcome of the hearing depends largely on who the judge is.

In October of 2013, a class action law suit brought against 5 judges from the Queens hearing office accused of bias was “settled,” supposedly in favor of the claimants. Some claimants’ cases have been tied up in court for over 5 years. These are people who are legitimately disabled, who cannot work and have been unable to collect disability, from a system that they paid into their entire lives. You don’t see anyone covering that story on the news? The settlement means nothing. It didn’t get the claimants benefits, it didn’t get them money, it didn’t them anything except the promise of a new hearing with a different judge. The point of the class action law suit was to help and protect these claimants’ rights. It was supposed to guarantee them new hearings, with different judges than they had originally had, judges that were not biased against them. Instead, Social Security is still playing games with these people, stating they had 60 days from the receipt of notice of settlement, to request a change of judge rather than just assigning a new judge to them. Not surprisingly, many of these people never received the notice and didn’t know about this 60 day rule. Why in the world would anyone want the same judge to decide their fate, a judge that humiliated and embarrassed them, a judge that was so rude and mean to them they felt ashamed of themselves? For every one person who tries to cheat the system, there are hundreds that deserve to be approved, and are wrongfully denied.These are the people that deserve to be in the news. The thousands of people that were denied benefits they deserved by old, biased judges who should have retired years ago, and because of another government system that doesn’t work.

Wednesday, January 8th, 2014

Hoppenfeld Refused To Comply With Padro

If you read my blog, then you are aware of the Padro class action, which was settled last October.  If your Social Security Disability (“SSD”) case was denied after January 1, 2008 by one of the Queens Five, which includes Administrative Law Judge (“ALJ”) Hoppenfeld, then Padro requires that you get a new hearing by an ALJ other than one of the Queens Five. 

I represent a claimant, who received a notice as a member of the Padro class. In 2012, Hoppenfeld denied the claim in an extraordinarily biased and absurd decision, which the Appeals Council naturally rejected last July. 

Because the case was assigned to Hoppenfeld, I filed a letter demanding that she recuse herself.  Instead of complying with the law, Hoppenfeld scheduled a hearing. My messages to the Queens hearing office about the case still being assigned to Hoppenfeld have gone unreturned, but my client will be subjected to having to appear before Hoppenfeld again. 

If you received a Padro notice at any time, make sure that you are not scheduled to appear before one of the Queens Five for your new hearing

 

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    • COPD
    • CE Boondoggle Continues
    • Continuing Disability Review
    • Help for Social Security?
  • June (2)
    • SSD While You Work
    • DDS Summarily Reversed
  • May (1)
    • The Future of Social Security
  • April (7)
    • Patchogue Obstruction
    • Washington Times Article
    • Medical Sources
    • Lourdes Marasigan
    • Lump Sum Settlements
    • Partially Favorable Decisions
    • No Help for SSD Backlogs
  • March (7)
    • Fast SSD Approval
    • Vocational Experts
    • Disability and Medicare
    • IMA Disability Services
    • NYSLERS & SSD
    • Help for SSD Benefits?
    • Vocational Expert
  • February (7)
    • Supporting Records
    • Budget Cuts Increase Wait Times
    • Support Letters
    • SSD For MS
    • Misconceptions About SSD Continue
    • Patchogue Fails Again
    • Myasthenia Gravis
  • January (8)
    • Lupus
    • SSD Delays
    • WC Medical Opinions
    • Government Targets the Disabled
    • Another SSD Myth Busted
    • The Truth About SSD
    • SS Benefits 101
    • Increase in SS Denials
  • 2017 (50)
  • December (11)
    • Best Time to Apply for SS
    • Parkinson's Disease
    • SSA in Crisis
    • SSD Reform Needed
    • Applying for SSD Benefits
    • Headaches
    • Disabling Fibromyalgia
    • Garnishing SS Benefits
    • Nurse Practioners
    • Trump Hurt Disabled Workers
    • Expediting Hearing
  • November (5)
    • Social Security Fraud
    • Congress Can End SSD Backlog
    • Tips for Retirement Benefits
    • Social Security Backlog Continues
    • Income and Disability
  • October (1)
    • Witness Testimony
  • September (3)
    • Free Medical Records for New Yorkers
    • Mental Health Parity Laws
    • OTRs to Reduce Backlog
  • August (3)
    • SSD Hearing Delays
    • Unum Loses
    • SSA Medical Experts
  • July (4)
    • Fast SSD Approvals
    • Video Representation
    • Treating Doctor CE
    • Investigating DDS Doctors
  • June (4)
    • Auxiliary Benefits
    • Work History
    • Prehearing Brief
    • Rule Change
  • May (5)
    • ALJ Kilgannon Reversed
    • Hereditary Angioedema
    • IMA CE
    • RSD Journal
    • Psychotherapy Treatment Records
  • April (3)
    • Unum Rubberstamping Puppets
    • Chronic Fatigue Syndrome Update
    • Consultative Examinations
  • March (3)
    • Discretionary Clauses
    • Pancreatitis
    • Pain Medicine
  • February (5)
    • ALJ Found Scleroderma Disabling
    • More SSD Delays
    • ODAR Rumor
    • SSD Approval Rates
    • National Adjudication Team
  • January (3)
    • Treating Testimony
    • Pontine Stroke
    • SSD Bench Decisions
  • 2016 (44)
  • December (2)
    • What is an Administrative Record?
    • Pain Medicine
  • November (3)
    • SSD Approved in 2 Months
    • Hiring A Vocational Expert
    • VA Rating & SSD
  • October (1)
    • NYSLERS Approval
  • September (6)
    • Second Circuit Case
    • Prudential LTD Fraud
    • District Court Rejects SSA Denial
    • Work Record
    • Macroprolactinoma
    • Jerome Caiati
  • August (5)
    • Importance of Diagnostic Testing
    • SSD Approved In 2 Months
    • 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
    • Social Worker’s Opinion
  • May (7)
    • Combined Disabling Conditions
    • Lymphedema
    • Significant Weight Suffices
    • 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
    • Voluntary Remand
    • 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
    • Hearing Office Attorneys
    • Hearing Notice
    • Appeals Council Rebukes ALJ Fier
    • Unsuccessful Work Attempts
    • Medical Assessments
    • Disability & Downsizing
    • Consultative Examinations
    • Obama Disability Benefit
  • February (4)
    • SSI Decisions
    • Responsive Doctors
    • Vocational Experts
    • Multiple Sclerosis
  • January (7)
    • Court Blasts CIGNA LTD Benefit Termination
    • Obama and Social Security Benefits
    • “Fully Favorable” Decisions
    • SSD Secret
    • Notice of Dismissal
    • Initial SSA Decisions
    • Appeals Council Scolds ALJ
  • 2008 (70)
  • December (5)
    • Unum Cases In New York
    • Medical Evidence
    • Prior Applications
    • Disability is Functionality
    • Medical Records & Reports
  • 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
    • Vocational Evidence
    • Credit Disability Insurance
  • April (7)
    • “Fully Favorable” Decisions
    • Treating Sources
    • SSD & Mental Disability
    • Using Vocational Evidence To Expedite Benefits
    • Attorney Adjudicator
    • Past Earnings
    • Benefits Without A Hearing
  • March (3)
    • Objective Evidence
    • Disability Appeals
    • Police Officer
  • February (9)
    • Irrelevant Medical Conditions
    • Establishing Credibility
    • Medical Updates
    • No Health Insurance
    • Application Dates
    • Possible Delay Remedy
    • Unum Reassessment Loophole
    • Benefits Despite Income
    • 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
    • Mental Disorders
    • 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
    • Exam Secrets
    • SSD for Firefighter
    • Consultative Examinations
    • Purpose of SSD Hearing
  • October (6)
    • Why Wait?
    • Insurance Department Complaint
    • Overreach For Disability Retirement
    • Vertigo
    • No Objective Testing Required for Chronic Fatigue
    • Non-binding Disability Decision
  • September (3)
    • Always Review Your File
    • Vocational Evidence & Credibility
    • The More The Merrier
  • August (5)
    • Always Check The Listings
    • LTD & SSD
    • Avoid Early Retirement
    • Getting Benefits Faster
    • Medical Records & Reports
  • July (3)
    • Discovery in LTD Cases
    • Constant Vigilance
    • Judges Are Fallible
  • June (4)
    • Clerical Mistakes
    • Needless Forms
    • Objective Evidence of Pain
    • The SSA & The Self Employed Claimant
  • May (2)
    • POMS For Mental Impairment Claims
    • Don’t Be Misled By A Biased Judge
  • April (4)
    • LTD Plan Limitations
    • Faster Benefit Approval
    • LTD Approval Letters
    • Surprise Disability Benefits
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