October 2020 - New York Disability Lawyer Law Offices of Jeffrey Delott Law Offices of Jeffrey Delott

Tuesday, October 20th, 2020

Common Sense

According to Webster’s, common sense is a sound and prudent judgment based on a simple perception of the situation or facts. It is astounding how often the State agency exhibits a lack of common sense when evaluating Social Security Disability (“SSD”) applications.

I represent a 59-year-old from Freeport, who suffered spine injuries from a motor vehicle accident (“MVA”) on October 11, 2018. The State agency said an MRI from May 19, 2019, supported the claimant’s SSD application, but only found the claimant disabled as of February 19, 2019.

Common sense dictates that the spine injuries arose from the MVA. Even the administrative law judge was baffled by the State agency’s onset date of February 19, 2019. There was no evidence that the claimant’s condition got worse as of February 19, 2019. There was no medical opinion that could support finding that the claimant was able to work after the MVA. There was no other accident or physically traumatic events between the MVA and onset date.

Navigating Social Security can be very difficult, which is why it is in your best interest to retain an attorney who specializes in disability law. If you find yourself in need of applying for SSD, please call my office for a free phone consultation. We have offices conveniently located on Long Island in both Nassau and Suffolk counties.

Thursday, October 8th, 2020

Patchogue Ineptness Continues

We represent a veteran, who was approved in February for Social Security Disability (“SSD”) and Supplemental Security Income (“SSI”) benefits. When a person is approved for benefits, it usually takes Social Security (“SS”) a while to process and calculate the retroactive and monthly benefits. It can take even longer when you are approved for both SSD and SSI. However, it has been eight months since our client was approved, and yet he still has not received his retroactive benefits, which he so desperately needs, and he has just started to receive his monthly benefits.

It would be a gross understatement to say the handling of our client’s payments by the Patchogue District office has been a comedy of errors. Our client’s first SSI check was sent to an address where he has not lived for many years, even though SS had the updated address in his file.

To add insult to injury, our client was supposed to have his first monthly SSD check directly deposited into his bank account on October 3, 2020, but on Friday, we learned from the Patchogue District office that the check had been mailed. We asked Patchogue how this could happen becauase we had confirmed our client’s bank account information with various people at the Patchogue office multiple times. Patchogue said that they have two different systems for SSI and SSD, and whoever initially took the updated information, only entered it into the SSI system. Patchogue also said that whoever updated the address into the SSD system, never updated the banking information. So once again, we confirmed that Patchogue had the correct banking information and address, so that our client’s November check would be direct deposited. Patchogue told us that our client would receive the check by this past Monday or Tuesday.

Today is Wednesday. I received a phone call from my client, who was understandably furious. Even though we confirmed his address with Patchogue last Friday, they mailed his check to the wrong address again! It’s like banging your head against the wall.

Patchogue’s mishandling of this matter is utterly reprehensible, incompetent, and unprofessional. Are they truly that inept at their jobs, or do they just not care? I am certain that if their paychecks kept getting mailed to the wrong address, then they would be very angry.

Sadly, Patchogue’s actions reflect their lack of concern and respect for their constituents, including their Veterans. Our client became disabled in the line of duty. Is this really how he should be treated? I am appalled and disgusted at Patchogue’s misconduct.

By Susan Golden