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Saturday, December 15th, 2007
Inability To Speak English
When applying for social security disability (“SSD”) benefits, it is important to mention a claimant’s inability to communicate in English. A client’s application was approved today which illustrates this point.
The claimant, who was born March 20, 1957 and was 49 years old at the onset of his disability, was from El Salvador and could not read, write or speak English. The claimant’s past work was all unskilled, manual labor.
The claimant’s application was approved less than two months after submitting a request for a fully favorable decision on the record (“OTR”), which meant he did not have to wait two years for a hearing. The application was approved based on the “medical-vocational rules” 201.17 and 201.09. Without discussing the medical vocational or “grid rules” in detail, rule 201.17 requires a person between the ages of 45 and 49 with an unskilled work history to be found disabled if unable to communicate in English. In contrast, if the claimant were able to speak English, the grid rules require that the claimant be found not disabled.
This case illustrates how vocational evidence can be just as important as medical evidence.
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- The Grids
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- ALJ Nisenewitz: Stupid or Biased?
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- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
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- Appeals Council Scolds ALJ
- Unum Cases In New York
- Medical Evidence
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- Disability is Functionality
- Medical Records & Reports
- Social Security Files
- Applicaiton Filing Date
- Representing Yourself
- Disabled Voters
- Vertigo
- Multiple Impairments
- Myasthenia Gravis
- More Is Better
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- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
- Supreme Court Helps LTD Claimants
- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
- Multiple Attorneys
- Self Employment
- Special Accommodations
- Multiple Disability Benefits
- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
- SSD & Mental Disability
- Using Vocational Evidence To Expedite Benefits
- Attorney Adjudicator
- Past Earnings
- Benefits Without A Hearing
- Irrelevant Medical Conditions
- Establishing Credibility
- Medical Updates
- No Health Insurance
- Application Dates
- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
- How To Avoid Hearing Delays
- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- TBI and Vocational Evidence
- Failure To Receive Notice
- Mental Disorders
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- Discovery In ERISA Cases
- Don’t Be Intimidated By DDS
- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
- SSD for Firefighter
- Consultative Examinations
- Purpose of SSD Hearing
- Why Wait?
- Insurance Department Complaint
- Overreach For Disability Retirement
- Vertigo
- No Objective Testing Required for Chronic Fatigue
- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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