Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: email@example.com
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.
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou