www.iwantmydisability.com

Responsiveness Counts

Social Security Disability (“SSD”) claimants frequently ask, “How long does it take to get a decision?”  That general question cannot really be answered because it depends on countless variables.  However, the process can be hastened if your doctors and other sources supporting your claim respond promptly and fully.

We represent a former salesperson from Lynbrook who suffers from anxiety and PTSD whose SSD application was approved without a hearing.  We were able to obtain reports from the claimant’s psychiatric nurse practitioners, one of whom also provided thorough and complete answers to a questionnaire from Social Security, and psychotherapist.  As everything Social Security requested was expeditiously submitted, a consultative examination was not requested.

The claimant may not have had the same outcome if she had filed on her own.  This is why it is so important to retain an attorney who specializes in disability if you plan on applying for SSD.  If you are thinking about applying for SSD, please call my office for a free phone consultation.   We have offices conveniently located on Long Island in Nassau and Suffolk counties.

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.

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.

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.

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.

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.

Credibility Approval

We represent a 50 year old former general clerk from Florida with physical and mental impairments seeking Social Security Disability (“SSD”) benefits.  At the claimant’s hearing, the administrative law judge (“ALJ”) noted that the claimant had no medical treatment the past year.  Typically, an ALJ will deny SSD benefits under those circumstances on the assumption that if a claimant stops treating, then it shows they got better.  Alternatively, some ALJs will deny SSD benefits on the grounds that the claimant failed to supply the requisite contemporaneous evidence to support their claims.

We explained to the ALJ that the case law in New York provides that a claimant cannot be penalized for failing to seek medical treatment if they cannot afford it or lack health insurance.  The claimant, who was homeless, credibly testified that both of those circumstances applied in her case.  The ALJ accepted that testimony, and approved the claimant’s SSD application.

Please call me office for a free phone consultation if you are interested in applying for disability.  We have offices located in Nassau and Suffolk counties on Long Island.

MS Victory

We represent a 38 year old former pharmacy technician from Ozone Park with multiple sclerosis (“MS”).  We filed her application for Social Security Disability (“SSD”) benefits six years ago.  We continued to fight for SSD benefits at all levels of adjudication.  The first administrative law judge (“ALJ”) on the case was Jay Cohen.  Cohen’s decision denying SSD benefits was so transparently defective that when we appealed to federal court, the attorneys representing Social Security immediately asked us to agree to remand the case.

The good news is that the case was finally approved today by a new ALJ.  The bad news is that it took the claimant six years to get approved.  Moreover, as is typical in cases that last this long, it will take many months for her to get paid.  Having said that, the claimant is grateful that we “stuck with her” and finally got her approved.

If you need assistance applying for disability, or help with a claim that you already filed, please feel free to call my office for a free phone consultation.  We have offices conveniently located in Nassau and Suffolk counties on Long Island.

Cigna Reverses LTD Denial

We were retained by a 59 year old former Director of Engineering from Brooklyn with multiple medical issues, whose long term disability (“LTD”) benefits were terminated by Cigna based on an Insurance Medical Exam (“IME”) by Jeffrey Liva, who makes his living doing IMEs for disability insurance companies.  Cigna paid $6,000 for the Liva IME.  Contrary to the treating doctors, Liva said the claimant could work.

The claimant had an uphill battle because it is virtually unheard of for a disability insurer to reverse a denial after investing thousands of dollars for an IME to say a claimant can work.  We appealed with various diagnostic test reports, and medical and vocational reports, to rebut the Liva opinion, but Cigna failed to respond within 45 days as required under federal law.  Consequently, we sued Cigna, which had the effect of ensuring a favorable standard of judicial review for the claimant.  Today, Cigna finally responded with a letter reversing its decision to terminate the claimant’s LTD benefits.

It took many months to develop the medical and vocational evidence that was submitted on appeal.  Despite the fact that the appeal evidence overwhelmingly demonstrated that the claimant remained unable to work in any full time capacity, it still took actually commencing litigation to obtain the result.

If you are in need of an attorney who specializes in disability claims, please feel free to contact my office for a free phone consultation.  We have offices conveniently located in Nassau and Suffolk counties on Long Island.

State Agency Medical Consultants

At the initial stages of the Social Security Disability (“SSD”) application process, the Social Security Administration relies on doctors who work for each State’s disability determination services (“DDS”) to evaluate the medical evidence.  The DDS doctors, also known as State agency medical consultants, do not examine claimants.  Consultative examiners (“CEs”), who are from private companies that contract with DDS, examine claimants.

DDS doctors usually disregard what claimants’ doctors say, and just focus on what the CEs say, when evaluating SSD claims.  If an SSD application is denied based upon the conclusion of a DDS doctor, then a claimant typically has to wait a couple of years before an administrative law judge (“ALJ”) can hold a hearing on the denied application.  During that delay, claimants can continue to submit updated medical information.  By the time an ALJ has to decide a case, it is likely that the opinion of a DDS doctor has become stale, which is especially true if the claimant provided additional medical evidence during the wait for a hearing.  

We were retained to represent a 52 year old former attorney from Rockville Centre with multiple medical impairments after his SSD application had been denied based on the opinions of the DDS doctors.  We supplied a substantial amount of medical evidence while the claimant awaited his hearing with ALJ Alan Berkowitz, who approved the claimant’s SSD application today.  Notably, ALJ Berkowitz stated that the opinions of the DDS doctors were unpersuasive because they did not review the updated medical evidence

This is an example of why it is so important to retain an attorney who specializes in disability, if you decide to apply for Social Security Disability benefits.   Please call my office for a free phone consultation.  Our Long Island offices are conveniently located in both Nassau and Suffolk counties.

ALJ Berkowitz Reversed Second Time

We represent a claimant from Uniondale with Protein S Deficiency that causes clotting problems, and requires her to elevate her legs most of the day to prevent additional deep vein thromboses from developing.

We filed the claimant’s Social Security Disability (“SSD”) application in 2013, 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.  However, the ALJ denied the SSD application at the new hearing by repeating the same mistakes that he made at the first hearing.  This time though, the Appeals Council reversed the ALJ, and ordered yet another hearing.

Fortunately, the Appeals Council determined that it would be unfair to subject the claimant to a third hearing with the same ALJ, and ordered that the case be reassigned to another ALJ.

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.

Some Good News

When someone is approved for Social Security Disability (“SSD”) benefits, or Supplemental Income benefits (“SSI”), accompanying the decision is a guideline for when the claimant’s case should be reviewed.  SSD and SSI are considered temporary disabilities, unless a person has a condition that is expected to end in death within 14 months from the time they stop working.  A review requires the beneficiary to complete paperwork with updated medical information, and to get updated records from their treating doctors to support that they are still disabled, and unable to work full time.  Typically, the older a person is, or the lesser the likelihood of their condition improving, the longer the length of time there is between reviews.  However, under the Trump administration, a new rule was passed to require more frequent reviews, no matter what the age or medical condition of the beneficiary was.  President Biden has withdrawn that rule, which will provide much relief for people who are receiving disability.  There will still be reviews, but not at the ramped up rate that the Trump administration had wanted, which was just another excuse to hurt and disgrace those people who are truly disabled and rely on the little amount of money they received for disability, because they’re medical condition(s) prevent them from being able to work full time.

ALJ Smith Reversed Again

We represent a 23 year old claimant from Huntington with disruptive mood dysregulation disorder whose application for social security disability (“SSD”) insurance benefits was denied by Administrative Law Judge (“ALJ”) Susan G. Smith.  The Appeals Council remanded the case to another ALJ after because Smith had failed to conduct a fair hearing.

ALJ Smith made a mockery out of the administrative hearing process because she never intended to consider the claimant’s testimony.  The purpose of a hearing is for the ALJ to look fully into the issues and question the claimant.  A claimant’s testimony is taken when the objective evidence supposedly fails to substantiate the degree of impairment-related symptoms so the ALJ can consider the claimant’s statements about the intensity, persistence, and limiting effects of her symptoms.

After confirming the information that the claimant had already submitted about her education and past work, the ALJ only asked why the claimant stopped working.  The ALJ failed to ask the claimant anything at all about her pain, or inability to work with coworkers, supervisors or the public.  In fact, the ALJ failed to ask the claimant anything whatsoever about her physical or mental impairments.  In other words, the ALJ had predetermined to reject the claimant’s testimony concerning her symptoms regardless of what she had to say.

Prejudging is the very definition of bias.  ALJ Smith’s disregard for anything the claimant could possibly say demonstrated her prejudging.  I asked the Appeals Council to reassign the case to another ALJ if it were not remanded for a calculation of benefits.  The Appeals Council chose the latter, and the new ALJ assigned to the case issued a fully favorable decision today.

This is another example of why it is so important to retain an attorney who specializes in disability, if you decide to apply for Social Security Disability benefits.   Please call my office for a free phone consultation.  Our Long Island offices are conveniently located in both Nassau and Suffolk counties.

Survivor Benefits

Compassionate Allowance

With an eye toward reducing the number of people who can qualify for Social Security Disability (“SSD”) benefits, in 2017, the Social Security Administration (“SSA”) eliminated the treating physician rule. The Trump Administration has now asked the SSA to eliminate the “GRID rules,”  in order to make it even more difficult for the disabled to obtain SSD benefits. 

People dying from cancer will still obtain SSD benefits. We represent a 45 year old metal worker from Bayville with cancer whose SSD benefits were promptly paid after we highlighted to the claim examiners that the claimant’s application should be treated as a compassionate allowance.  Cynically, the SSA has no qualms paying a compassionate allowance because the benefits will not be paid for long. A person should not have to prove they are terminally ill in order to receive benefits, which seems to be the goal of the SSA as it keeps changing the rules and regulations in order to make it much more difficult to qualify for SSD benefits.

Unum LTD Approval

We were able to secure long term disability (“LTD”) benefits for a 47 year old Vice President of Human Resources from Glen Cove. After we took over the case, we advised Unum about the claimant’s various limitations that we were documenting due to the claimant’s rheumatoid arthritis (“RA”) and vocal cord nodules. Unum was unaware that the claimant was required to elevate her legs due to swelling from the RA, and was restricted in her speaking and needing a quiet environment to be heard due to the nodules. Rapidly developing the evidence regarding those limitations led to a quick approval, which was especially difficult in light of COVID.

Navigating LTD 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 your long term disability, please call my office for a free phone consultation. We have offices conveniently located on Long Island in both Nassau and Suffolk counties.

Federal Court Remand

Even though the Social Security Administration (“SSA”) agreed that the decision of administrative law judge (“ALJ”) Andrew Weiss was indefensible, it took over two years for U.S. District Judge Joan Azrack to remand the decision, which the ALJ issued over three years ago.   The complete decision is available on my website.

Form Over Substance

A 54 year old sanitation worker from North Babylon with various orthopedic impairments retained us after his Social Security Disability (“SSD”) application was denied. Nothing unusual about the case except that we filed over 2,000 pages of treatment records, much of which were hospital records.  The substance of the file was not unlike many similar claims that were denied by the State agency.  It may be that regardless of the materiality of the documentation submitted, when a very large volume of paper is filed, the State agency feels more confident about the credibility of the claim.

This is another example of why it is important to retain a disability attorney when you apply for SSD.  Even though it may seem obvious to you that you are disabled, you cannot get approved without support from your doctors.  An attorney who specializes in disability can discern what information is needed from your doctors to get your claim approved.  If you are thinking about 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.

Superior Service at Melville

We have posted blogs about the ineptness of some of the Social Security district offices. But we also like to give credit, where credit is due. I called the Melville district office today regarding a claim that we had recently filed, and was lucky enough to reach Mrs. Craven who works there. Not only did Mrs. Craven fix the mistake that someone else made when processing our client’s claim, but she also went out of her way to correct a mistake that was made by someone at the Patchogue district office, who was incapable of correcting their mistake. This is not the first time that Mrs. Craven has helped me, and I hope it won’t be the last. She is professional, courteous, and most of all, she knows what she’s doing. Problems that pose a particular issue for other representatives she is able to fix in a few minutes. Why can’t we expect every SSA representative to perform as well as she. We greatly appreciate Mrs. Craven’s knowledge and help, and hope that others can follow her example. Thank you Mrs. Craven.

by Susan Golden

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.