www.iwantmydisability.com

Listing Approval

Typically, Social Security processes disability benefit applications very slowly, and the government shutdown has made the wait even longer.

We represented a 45-year-old Patent Examiner from Freeport, New York, who struggled with several severe mental health conditions. Over the past 20 years, she had been hospitalized more than eight times. Her difficult childhood contributed to diagnoses including severe PTSD, schizophrenia, bipolar disorder, depressive disorder, along with hallucinations and panic attacks.

After being denied benefits at both the initial and reconsideration stages, our client retained us when her case was sent to the hearing office. We collected all her medical records, including each hospitalization. We also secured detailed questionnaires and letters from her treating physicians, one of which confirmed that she met Social Security’s criteria for Listing12.03. To reinforce our case, we compiled a chart comparing her symptoms, as documented in her medical records, directly to the listing requirements, clearly demonstrating to the administrative law judge (“ALJ”) that she was unable to work in any capacity.

Just three days after the hearing, the ALJ who rarely approves mental health cases, issued a favorable decision.  The strength of the evidence we submitted convincingly established our client’s inability to work, and the medical expert had no choice but to concur with the opinions of the treating specialists.

Compassion v. Calculation

We recently handled a difficult, yet unfortunately common, case that perfectly illustrates a critical flaw in the Social Security Disability (“SSD”) Insurance system.  Our client, a 57-year-old golf cart technician from Port St. Lucie, Florida, was recently diagnosed with Stage 4 Pancreatic Cancer. This devastating diagnosis immediately met the criteria for a Compassionate Allowance.  The good news is that the Compassionate Allowance designation worked as intended: his claim was approved in just three weeks. In a time of unimaginable stress, this rapid decision was a small victory, lifting the burden of uncertainty from his family.  However, this victory was overshadowed by a hard reality: the mandatory five-month waiting period for SSD benefits.

By law, an applicant cannot receive their first SSD benefit payment until up to six months after their established onset date when they became unable to work.  Our client stopped working last month.  This means that despite his terminal diagnosis and rapid SSD approval, his first payment will not be due for about six months from the onset date.  The cruel irony is undeniable. Our client, with a terminal illness recognized by Social Security as immediately disabling, may not survive long enough to ever receive the benefits he and his family desperately need and deserve.  Common sense would suggest that when a disability is recognized as terminal, this five to six month waiting period should be inapplicable. Unfortunately, the delay from the waiting rules runs counter contrary to the issuance of a a Compassionate Allowance.

As experienced disability advocates, we knew going into this case that a quick approval meant we would not receive a fee.  We were happy to help our client and his wife navigate the complexities of the SSD application process during this excruciating time.  Our priority was to shoulder the stress of the paperwork and give them back precious time to focus on what truly matters.

This case is a stark reminder that while the Compassionate Allowances program speeds up the approval process, a necessary reform is still needed to bring true compassion to the payment schedule for those with terminal conditions.

Quality Review Increases

The Social Security Administration pulls disability claims for review that have been decided by the Stage agency at the initial application.  Social Security Disability claims selected for Federal Quality Review are said to be chosen at random, including both approved and denied cases. However, in my three decades as a disability attorney, only approved claims have been reviewed. Each time we check with the local office, only approved claims have been pulled, which shows the process is not random.  Since the beginning of this year, every one of our cases that have been approved at the initial application were pulled by Quality Review.

Meeting A Listing

When representing a claimant seeking Social Security Disability (“SSD”) benefits, we obtain medical records from each of their treating physicians. We also ask these doctors to complete a Medical Findings Summary, which is a questionnaire designed to assess a patient’s restrictions and limitations (“R&Ls”). The Social Security Administration relies on these R&Ls when making its determination. If the R&Ls from a claimant’s medical impairment is severe, they may satisfy the requirements of one of Social Security’s “Listings.”

We represented a 41-year-old dental assistant from Melville, NY, who suffers from a significant vision impairment. We requested  her doctor to review Social Security’s Listing criteria for Visual Disorders. The physician supported our case by providing medical evidence showing our client met the Listing.  Along with a vision test requested by the State agency, we submitted this information, and our client was promptly approved during the initial application stage.

Retaining an experienced disability attorney is in your best interest if you are planning on applying for SSD benefits.  Our office, located in Melville, NY in Suffolk county, offers a free phone consultation.

Meeting SS Grid Rules

When applying for Social Security Disability (“SSD”) benefits, your likelihood of approval at the initial application stage increases significantly if you meet the criteria outlined under the “Grid Rules.”  These rules are designed to assess disability claims based on three main factors: your age, your highest level of education completed, and your past employment history.  Satisfying the Grid Rules can be crucial in securing benefits, as the Social Security Administration uses these benchmarks to determine whether a claimant can adjust to other work given their impairments.

I represent a 54 year old laborer from Port Washington, NY.   My claimant’s highest completed education was the 5th grade, and he began working as a laborer during his teenage years.  He remained in this occupation until health issues, specifically cardiovascular problems and musculoskeletal ailments, prevented him from continuing.  Social Security classifies the laborer role as an unskilled occupation, meaning it does not provide transferrable skills that could be applied to other types of work.

In this case, the client’s doctors provided substantial support by completing questionnaires that clearly detailed the patient’s restrictions and limitations.  These medical opinions, combined with the client’s age, limited education, and unskilled work history, created a compelling record that led to his approval at the initial application stage.  Although the State agency attempted to delay the decision by requesting a Consultative Exam (“CE”), the evidence provided from the client’s treating physicians was so strong and conclusive that the CE was ultimately canceled. The approval was granted based solely on the evidence already in the file.

Obtaining a favorable decision from the Disability Determination Services (“DDS”) has become increasingly difficult. Rather than thoroughly reviewing claimants’ files, DDS analysts often overlook submitted evidence.  In many cases, it falls upon us to identify and direct the analyst to the relevant documentation within the file.  Effectively, this means doing both our job and part of the analyst’s job to ensure the claim is properly considered.

This case underscores the importance of retaining an experienced disability attorney when applying for SSD benefits.  An attorney can ensure that all necessary evidence is submitted and highlighted for review, increasing the chances of a favorable and expeditious decision.  For those considering an application, my office, located in Melville, NY in Suffolk County, offers a free phone consultation to assist with the process and answer any questions.

Absenteeism Not Tolerated

Applying for Social Security Disability (“SSD”) benefits is rarely a simple process. Many people face denial, even when their health conditions clearly prevent them from working. One of our recent clients, a 37-year-old banking operations manager from St. Albans experienced this firsthand.

Our client was diagnosed with endometriosis, adenomyosis, fibroids, and uterine hypertrophy. These conditions caused severe pain and fatigue, making it impossible for her to maintain the demands of her profession. Despite this, her initial disability applications were denied by the Social Security Administration (the “SSA”) twice.

Her physicians provided strong, detailed support explaining that, if she were employed, she would likely miss more than five days of work per month due to her medical conditions. The Administrative Law Judge recognized that no employer would even tolerate missing half that much time, and issued a fully favorable decision.

The SSA places significant weight on a medical provider’s assessment of a claimant’s functionality.  Because a person’s mental or physical limitations are rarely contained in medical records, special forms are needed from treating doctors.  Supportive doctors who are willing to complete these forms thoroughly and honestly should make all the difference. Medical input is virtually always the key to approval of SSD benefits. Our law firm ensures these opinions are properly documented and presented to the SSA.

If you or someone you know wants to file for SSD benefits, please contact our office for a free phone consultation.

Mental Health Disabilities

Applying for Social Security Disability (“SSD”) benefits can be challenging under the best of circumstances, but individuals living with mental health conditions often face unique hurdles in the process. Unlike many physical impairments, mental health disorders are not always visible, can fluctuate in severity, and may be difficult to document in a way that Social Security recognizes.

We represented a 47 year old teacher from Huntington with PTSD, Anxiety, Depression, autism and ADHD. Our client had strong documentation and support from her mental health providers.  Social Security places significant weight on consistent and well supported evidence from treating providers such as psychiatrists, psychologists, and therapists. Treatment notes, detailed diagnoses, and professional opinions on functional limitations establish the consistency and support for a claim.

Unlike other medical providers, some mental health professionals do not keep psychotherapy notes in a format that can easily be shared with Social Security, or they may be reluctant to release them due to confidentiality concerns. To address this, the Social Security Administration provides alternatives when psychotherapy notes are unavailable.  We availed ourselves of that alternative, and prevailed.

SSD benefits for mental health conditions requires persistence, careful evidence gathering, and skilled advocacy. By working closely with providers and ensuring Social Security receives the appropriate documentation, applicants can greatly improve their chances of a successful outcome. If you or a loved one are struggling with a mental health condition that makes it impossible to work, our office, located in Melville, NY,  is here to guide you through the process and fight for the benefits you deserve.   For your convience, our office offers a free phone consultation.

CE’s Proved Unnecessary

We recently represented a 59-year-old phlebotomist from Smithtown living with chronic obstructive pulmonary disease (“COPD”), essential tremors, chronic pain, and several other serious medical conditions. Before retaining our office, she had applied for Social Security Disability benefits on her own and was denied twice.

Because she had already completed consultative examinations through the IMA Disability Services during her prior applications, we filed a new application for her in April 2025. This time, we focused on gathering and submitting comprehensive medical records and detailed summaries from her treating physicians — the doctors who know her history best, and whose consistent opinions carry significant weight under Social Security’s rules. With this evidence, we secured a fully favorable decision in just four months.

This case highlights how experienced legal representation can make a meaningful difference in the disability process. Understanding what Social Security looks for, and how to present the strongest evidence, can be the key to moving from repeated denials to a timely approval.

If you are facing challenges with your own disability claim, our office is here to guide you through the process and fight for the benefits you deserve.  Our office, located in Melville, NY, offers a free phone consultation.

Autoimmune Diseases

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

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

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

Strokes

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

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

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

Long Covid

Veteran Approved for SSD

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

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

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

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

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

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

Rare OTR

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

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

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

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

DDS Wastes ALJ’s Time

SS Mistakes

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

Persistence is Key

When it comes to applying for Social Security Disability (SSD) benefits, many applicants face roadblocks along the way—especially when the evidence is clear,  but still gets overlooked by the Social Security Administration (SSA). This was the case for our client, a 42-year-old ophthalmic technician from Hicksville, who suffered from severe mental health conditions. Despite having strong support from her doctors and submitting their expert opinions, her claim was repeatedly denied. However, after persevering and bringing the case before an administrative law judge (ALJ), we were finally able to get her SSD claim approved.

Our client had a long history of mental health conditions, including severe anxiety and depression. Although her treating doctors were fully supportive of her disability claim, their expert opinions were repeatedly rejected by the SSA during the Disability Determination Services (DDS) review process.

The district courts in New York continue to hold that the opinions of the claimant’s treating doctors should be found more persuasive than SSA doctors, even if they are no longer required to be given controlling weight under the regulations, because the former are the most familiar with the patient’s condition and treatment history. However, in this case, the DDS analysts repeatedly disregarded the expert testimony and supporting documentation provided by our client’s doctors. Despite their detailed, professional assessments and consistent backing of her claim, the SSA denied her initial claim as well as the reconsideration.

At this point our client’s case was sent to an ALJ for a hearing.  At the hearing level an ALJ reviews the evidence in person and makes the final decision. The ALJ was presented with a full range of medical records, including detailed opinions from our client’s treating doctors. The ALJ also had the opportunity to hear our client’s testimony about how her mental health conditions had prevented her from being able to work. Without any contradictory opinions or expert analysis from the SSA to challenge the treating doctors’ assessments, the ALJ approved the claim.

For anyone struggling with a denied SSD claim, particularly for mental health conditions, this case shows that persistence is key. Even if the SSA denies your claim or ignores important medical evidence, you have the right to take your case further, and an ALJ might be more likely to understand your situation.

Having a lawyer who knows how to navigate these challenges can significantly increase your chances of success. We’re here to help guide you through the SSD process and fight for the benefits you deserve.  Our office, located in Melville, NY, offers a free phone consultation.

Impairment Related Work Expenses

Impairment-Related Work Expenses (IRWE), as defined by the Social Security Administration (SSA), are “costs for items or services that you need in order to work because of your disability. Social Security will deduct the costs of an IRWE from your countable income when determining your eligibility for Social Security disability benefits.”

We represent a 36-year-old claimant from Brooklyn who suffers from schizoaffective disorder, bipolar disorder, cognitive decline, and hypersomnia. He met the criteria for an IRWE because he was paying out-of-pocket for his medical costs, which enabled him to continue seeking treatment with his longtime psychiatrist, without being reimbursed by an insurance carrier. He could not work at all without receiving his medications and treatment from his doctor. The costs were reasonable, which met other criteria of the IRWE.

The claimant was working with accommodations, provided as a favor to his father, who worked for the same company, enabling our client to work part-time. We had to submit all of our client’s earnings to his local SSA office, including pay stubs and tax returns, so that the local field office could calculate how much his medical expenses offset his salary. We also submitted a statement from his employer confirming his accommodations and salary.

The State agency approved the medical portion of our client’s disability claim based on the information we submitted from the treating doctor. Ms. Kircher, at the Borough Hall field office in Brooklyn, undertook the complicated project and determined that our client’s income fell below SS’s Substantial Gainful Activity threshold, approving the non-medical portion of the claim.

Overcoming SSD Denial

Dealing with a disability claim can be a long and often frustrating process. Many applicants face challenges in getting their claims approved, even when their medical conditions are severe. This was the case for one of our clients who had been living with rheumatoid arthritis, lupus, and several orthopedic issues. Despite the gravity of their conditions, their initial Social Security Disability (“SSD”) claim was denied. However, with perseverance and the right approach, we were able to get their claim approved on reconsideration.

It is not uncommon for SSD claims to be rejected, especially when the medical documentation provided doesn’t align perfectly with the Social Security Administration’s (SSA) criteria for proving disability. In many cases, the issue lies not in the severity of the condition, but in how the evidence is presented.

We represent a 54 year old USPC worker from White Plains, NY with rheumatoid arthritis and Lupus.  After she was initially denial, we requested a reconsideration of her claim. The reconsideration process allows applicants another chance to have their case reviewed, by a different analyst. This time the new analyst gave us specific information that was needed by the SSA doctors. These details, which hadn’t been part of the initial claim, were critical in strengthening the case. To meet these specific requirements, we reached out to our client’s doctors to request additional, more detailed documentation.

After we submitted the updated, more comprehensive medical documentation, the SSA reassessed the claim. This time, the application was approved on reconsideration. Our client was granted the SSD benefits they rightfully deserved. This outcome shows how crucial it is to have the right medical evidence to meet the requirements to meet the SSA’s disability criteria.

While the process can be lengthy and complex, persistence and attention to detail are crucial. Having a lawyer who knows how to navigate these challenges can significantly increase your chances of success. We’re here to help guide you through the process and fight for the benefits you deserve. My office, located in Melville, NY, offers a free phone consultation.  Please feel free to reach out if you are applying for SSD benefits.

Rare News

In June of 2022, we appealed a decision of ALJ Suarez to the Second Circuit after Magistrate Judge Davidson upheld Suarez’s denial in district court.  Last September, the Second Circuit rejected Suarez’s decision, and remanded it to the district court to send the case for a new hearing with the Social Security Administration (“SSA”).

Last January, the district court sent the case back to the SSA.  Specifically, the case was sent to the Appeals Council, which normally prepares a remand order with instructions for the ALJ.

We learned today that, unbeknownst to us, last February, rather than issuing instructions, the Appeals Council issued a rare ruling that the claimant was disabled and entitled to benefits.  The Appeals Council rejected Suarez’s finding that the claimant did not meet listing 12.04.

DOGE Trying to Break SS