April 2021 - New York Disability Lawyer Law Offices of Jeffrey Delott Law Offices of Jeffrey Delott

Wednesday, April 21st, 2021

ALJ Gets It Right

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

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

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

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

Monday, April 19th, 2021

Berkowitz Reversed A Second Time

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

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

Friday, April 9th, 2021

SSD Inside Attack

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

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

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

Tuesday, April 6th, 2021

Applying for SSD

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

Tuesday, April 6th, 2021

Help for SSD?

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