"Let's Get Loud" Series - Treating Physician Rule - New York Disability Lawyer Law Offices of Jeffrey Delott Law Offices of Jeffrey Delott

Thursday, October 10th, 2024

“Let’s Get Loud” Series – Treating Physician Rule

by Susan Golden

Claimant 5 – Treating Physician Rule

Ms. S. applied for benefits in 2015. Ms. S. suffers from severe mental health impairments, including bi-polar disorder, anxiety and depression. Ms. S’s father has been our contact throughout the last nine years as his daughter is too impaired by her mental health conditions to communicate with us. With Ms. S’s father’s help, we were able to submit a wealth of supportive medical evidence. Over the course of the last nine years, Ms. S. has seen four different doctors at the clinic where she receives treatment. All four doctors concur that due to Ms. S’s restrictions and limitations, that she would be unable to work a fulltime job, and in fact, meets multiple listings. Since Ms. S. applied before the Treating Physician Rule was terminated, her claim should have been approved at her first hearing in 2017. However, this was one of those cases where the ALJ decided to play doctor, and ignore all of the medical evidence and denied the case two times, based solely on the ALJ’s interpretation of psychiatric treatment notes. As in all our other cases that are appealed to the AC and then Federal court, it took seven years for a third hearing with a new ALJ, which is scheduled for September 19, 2024. Ms. S is married with a young son. Her mother and father were her main caregivers; her mother sleeping at Ms. S’s home multiple days a week to help her care for her son and with daily household chores. Ms. S’s father assisted us diligently, going above and beyond for his daughter to get her the benefits she deserves. Tragically, Ms. S’s mother passed away a few months ago, leaving Ms. S in a worse state than she was previously. For nine years this case has been dragging on, when it should have been approved based on the treating physician rule. Ms. S’s case was just approved On The Record by ALJ Robert Schriver, based on the same evidence that has been in our claimant’s file since her last hearing.

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