Getting It Right

Tuesday, March 17th, 2020

Sometimes you cannot imagine why a particular disability claim gets denied. I represent a 64 year old from Valley Stream with severe spinal problems that required surgery. He worked for 45 years, and his past work required him to lift and carry up to 100 pounds. His doctors provided tests, treatment records, and functional assessments that precluded all work. Nonetheless, his application for Social Security Disability (“SSD”) benefits was denied.

The case had been assigned to administrative law judge (“ALJ”) Jay Cohen for half a year, and he scheduled the claimant’s hearing for today. ALJ Cohen retired last week, and the case was assigned to ALJ Pecoraro Monday. The case was approved without need for the hearing.

The new ALJ got it right. The medical and vocational evidence was solid, and a hearing should never have even been scheduled. We spent days preparing for the cross examination of the hearing expert. Hope for the best, but prepare for the worst.

It is not easy to find a SSD attorney with litigation experience. If you want to retain a SSD attorney, who specializes in disability benefits law and has a lot of litigation experience, please contact our office for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.

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