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Saturday, March 17th, 2007

Miano v. Barnhart

No. Civ.A. 05-5904(DRH).
2007 WL 764977 (E.D.N.Y. March 14, 2007)

Jeffrey Delott, Jericho, NY, for the Plaintiff.
United States Attorney, Eastern District of New York, Brooklyn, NY, By: Som Ramrup, Special Assistant U.S. Attorney, for the Defendant.

MEMORANDUM & ORDER

Hurley, Senior District Judge:

*1 Plaintiff, Linda Miano, (“Plaintiff”) brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a final decision by the Commissioner of Social Security (the “Commissioner” or “Defendant”) which denied her claim for disability benefits. Presently before the Court are Plaintiff’s and Defendant’s motions for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). For the reasons set forth below, the Commissioner’s motion is denied and the Plaintiff’s motion is granted to the extent this case is remanded for further administrative proceedings.

BACKGROUND

I. Procedural Background

Plaintiff applied for disability benefits on May 9, 2003. Her application averred that injuries to her neck and back from slipping on a ladder rendered her disabled as of February 19, 1997. (Tr. 57, 65, 71.) FN1 After the application was denied initially ( id. 39-42), Plaintiff requested a hearing. ( Id. 43.) On October 13, 2003, a hearing was held before Administrative Law Judge (“ALJ”) Joseph Halpern. ( Id. 13.) Plaintiff was represented by counsel. ALJ Halpem issued a decision finding that Plaintiff was not disabled and had the residual functional capacity to do her past light work. ( Id. 10-16).

FN1. References to “Tr.” are to the Administrative Record filed in this case.
Thereafter, Plaintiff requested the Appeals Council review the decision. By notice dated November 9, 2005, the Appeals Council denied Plaintiff’s request for review. ( Id. at 3.) By letter dated December 12, 2005, Plaintiff’s new attorney made a motion to the Appeals Council to reopen its decision. When the Appeals council did not rule on Plaintiff’s motion to reopen within sixty days, Plaintiff filed this action. ( See Affirmation of Jeffrey Delott at ¶¶ 10-12 & Ex. 2.)

II. Factual Background

A. Non-medical Evidence

Plaintiff was born March 17, 1953 and was 51 years old at the time of the hearing. (Tr. 39, 57.) She has a limited education, having completed only the ninth grade. Except for the years 1981 to 1986, Plaintiff worked steadily from the time she completed her education until 1997. ( Id. at 64.) From 1987 to 1997, Plaintiff worked as a deli clerk at a supermarket. ( Id. 14, 21, 72.) In February 1997, Plaintiff was injured when she slipped on a ladder while working at the supermarket. Plaintiff was treated by an orthopedist, Dr. Fedder, a neurologist, Dr. Holzer, and a chiropractor, Dr. Alexovitz. ( Id. at 26, 28.) Plaintiff was out of work from the time of the accident until November 1999 when she went to work as a salesperson in a department store. ( Id. at 27.) She worked for less than five months. In April 2000, she was terminated because she could not perform the work. ( Id.) Plaintiff carned less than $800 in 1999 and less than $900 in 2000. ( Id. at 64.) When she stopped working in April 2000, Plaintiff was treated mostly by Dr. Holtzer and Dr. Alexovitz. ( Id. at 28-29.)Plaintiff testified that her symptoms have gotten worse since 1997. She gets pain across her lower back and then “it goes down [her] leg into [her] foot.” ( Id. at 29.) She testified that she can sit for only 15 to 20 minutes at a time, walk for 20 to 30 minutes at a time and stand for about 30 minutes. ( Id. at 30.) She also testified that she has trouble lifting more than 10 or 15 pounds and cannot hold anything above her shoulders. ( Id. at 30-31.) Plaintiff’s date last insured is December 31, 2002. ( Id. at 14, 38.)*2 Although Plaintiff’s counsel initially informed the ALJ that the onset date was April 2000, he later corrected that statement. ( Id. at 32.) He informed the ALJ that the injury dates back to February 1997 and that her work period from November 1999 to April 2000 was an unsuccessful work attempt. ( Id.)

B. Medical Evidence

Dr. Feder; Plaintiff’s orthopedic surgeon
Dr. John Feder first saw Plaintiff on February 26, 1997, one week after her injury at work. ( Id. at 103.) He diagnosed Miano with marked degenerative changes at the C6-7 level and prescribed anti-inflammatories and pain killers. ( Id. at 103-04.) He concluded that she was totally disabled. ( Id. 105.) Dr. Feder next saw Miano on March 19, 1997. ( Id. 101-02.) He advised her to continue chiropractic care and to have diagnostic testing because his examination revealed cervical radicular symptoms, including a positive Tinel’s sign. (Id.) He continued to concluded that she was totally disabled.On August 27, 2003, November 19, 2003, January 21, 2004, March 31, 2004, June 9, 2004 and September 1, 2004 Dr. Feder continued Plaintiff’s diagnosis of cervical and lumbar sprain and radiculopathy. ( Id. at 134-143.)Dr. Feder completed a “Medical Assessment of Ability to do Work-Related Activities,” dated September 29, 2004. ( Id. at 147) The form, as initially completed and reviewed by the ALJ, indicates Miano had lifting impairments: 20 pounds occasionally, 10 pounds frequently. Id. She was limited to sitting 2-3 hours in workday. ( Id. at 148.) Dr. Feder did not complete the section stating when he treated Miano and if there were any standing/walking limitations. Id. In an amended form submitted to the appeals counsel, Dr Feder concluded the following: the earliest date of the same level of impairment is August 27, 2003, Miano is limited to lifting five pounds, she is limited to standing/walking 1-2 hours in a workday and she is limited to sitting 2-3 hours. ( Id. at 153-54). After Plaintiff’s then counsel pointed out that Dr. Feder had in fact been treating Plaintiff since 1997, Dr. Feder changed the onset of his medical assessment to December 12, 2002. (Delott Aff. at Ex. 4).

Dr. Mark Lodespoto: Radiologist
Miano underwent an MRI of the spine on April 8, 1997 with Dr. Mark Lodespoto. (Tr. At 110-11.) The MRI showed a herniated disc at C5-6 and a bulging disc at C6-7. Id. A second MRI on May 27, 1998 revealed the herniated disc had worsened and that Miano had “endplate irregularities, pronounced disc desiccation, and disc bulge at the C6-7 level.” ( Id. at 108-09.)

Dr. Walter Alexovitz: Chiropractor
Dr. Alexovitz has seen Miano continuously since 1997. ( Id. at 108-33.) On August 20, 2003, at the request of Defendant, Dr. Alexovitz completed form DDD-3883 describing Miano’s conditions. ( Id. at 112-117.) The report indicates Miano was last seen on August 11, 2003 and first seen on February 19, 1997. ( Id. at 112 .) The doctor’s diagnoses of Miano include cervical and lumbar sprain/strain, myofascitis, cervical disc syndrome, and cervical radiculitis. ( Id.) Miano’s symptoms included neck and low back pain and stiffness, pain radiating to the arms and hands, and headaches. ( Id.) Dr. Alexovitz noted his findings were the result of seven clinical tests. ( Id. at 113.) He stated that in his medical opinion, Miano “is not able to do work related physical activities.” ( Id. at 115.) His report also included several range of motion limitations. ( Id. at 116-117.)

Dr. Donald Holzer; Neurologist
*3 Miano saw Dr. Donald Holzer from 1997 through at least April 2000. ( Id. at 28.) A 1997 “EMG and Nerve Conduction” test performed by Dr. Holzer revealed “acute denervation affecting the C6-7 nerve roots.” ( Id. at 106.) In his testimony at Miano’s Worker’s Compensation hearing, which was not before the ALJ, Dr. Holzer testified that Miano could not do sedentary work, lifting, bending, or reaching. (Delott Aff. at Ex. 3). Other than the one EMG and Nerve Condition test, Dr. Holzer’s medical records were not part of the transcript of this case.

Dr. Fulco: Internist, defendant’s duly authorized medical expert
Dr. Fulco is defendant’s medical expert who reviewed Miano’s medical reports and testified at the hearing. (R. at 33-37). He testified that Miano has lifting and carrying limitations, limitations as to overhead reaching and gross manipulations. In addition, she cannot sit continuously for more than 30 minutes, up to a maximum of two hours in a workday, and cannot stand or walk continuously for more than 20-30 minutes at a time up to two hours in a workday. ( Id. at 35-36.) When asked whether his opinion is that Miano is disabled subsequent to April 2000 within the meaning of the Social Security Act, Dr. Fulco stated that he does not have enough medical evidence to make his own conclusions but he cannot contradict Dr. Fedder’s assessments that there are sitting, standing, and walking limitations. ( Id. at 36.) He states Dr. Fedder’s assessments are consistent with Miano being unable to do sedentary work. ( Id. at 37.)

Al Grazia: State Medical Consultant
Al Grazia, the State’s medical consultant, also examined Miano on September 4, 2003. (R. at 118-23.) Grazia is not a medical doctor. (DeLott Aff. ¶ 26.) His assessment indicated Miano could frequently lift or carry 10 pounds and sit, stand, and walk 6 hours in a workday. (R. at 119.) She could occasionally lift/carry 20 pounds. ( Id.)

DISCUSSION

I. Standard of Review

A. Review of the ALJ’s Decision

In reviewing a decision of the Commissioner, a court may “enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Court may set aside a determination of the ALJ only if it “based upon legal error or is not supported by substantial evidence.” Rosa v. Callahan, 168 F .3d 72, 77 (2d Cir.1999) (internal quotation marks and citation omitted). “Substantial evidence is ‘more than a mere scintilla,’ and is ‘such relevant evidence as [a] reasonable mind might accept as adequate to support a conclusion.” ’ Jasinski v. Barnhart, 341 F.3d 182, 184 (2d Cir.2003) (quoting Richardson v. Perales, 402 U.S. 389, 401 (1971)). Furthermore, the findings of the Commissioner as to any fact, if supported by substantial evidence, are conclusive, 42 U.S.C. § 405(g), and thus, the reviewing court does not decide the case de novo. Halloran v. Barnhart, 362 F.3d 28, 31 (2d Cir.2004) (internal quotation marks and citation omitted).

B. Eligibility for Disability Benefits

*4 To be eligible for disability benefits under the Social Security Act (the “SSA”), a claimant must establish that he is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S .C. § 423(d)(1)(A). The SSA further states that this impairment must be “of such severity that [the claimant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy….” Id. § 423(d)(2)(A).The SSA has promulgated regulations prescribing a five-step analysis for evaluating disability claims. See 20 C.F.R. § 404.1520. This Circuit has described the procedure as follows:First, the [Commissioner] considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the [Commissioner] next considers whether the claimant has a “severe impairment” which significantly limits his physical or mental ability to do basic work activities. If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations. If the claimant has such an impairment, the [Commissioner] will consider him disabled without considering vocational factors such as age, education, and work experience…. Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s severe impairment, he has the residual functional capacity to perform his past work. Finally, if the claimant is unable to perform his past work, the [Commissioner] then determines whether there is other work which the claimant could perform.Rosa, 168 F.3d at 77 (quoting Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir.1982) (per curiam)). The claimant bears the burden of proof at steps one through four, while the burden shifts to the Commissioner at step five to show that the claimant is capable of working. Green-Younger v. Barhart, 335 F.3d 99, 106 (2d Cir.2003).

C. The Treating Physician Rule

Social Security regulations require that an ALJ give “controlling weight” to the medical opinion of an applicant’s treating physician so long as that opinion is “well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] case record.” 20 C.F.R. § 404.1527(d)(2); see also Rosa, 168 F.3d at 78-79. The “treating physician rule” does not apply, however, when the treating physician’s opinion is inconsistent with the other substantial evidence in the record, “such as the opinions of other medical experts.” Halloran, 362 F.3d at 32; see also Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir.2002). When the treating physician’s opinion is not given controlling weight, the ALJ “must consider various ‘factors’ to determine how much weight to give to the opinion.” Halloran, 362 F.3d at 32 (citing 20 C.F.R. § 404.1527(d)(2)). These factors include: (1) the length, nature and extent of the treatment relationship; (2) the evidence in support of the treating physician’s opinion; (3) consistency of the opinion with the entirety of the record; (4) whether the treating physician is a specialist; and (5) other factors that are brought to the attention of the Social Security Administration that tend to support or contradict the opinion. Id. § 404.1527(d)(2)(i-ii) & (d)(3-6); see also Halloran, 362 F.3d at 32. Furthermore, when giving the treating physician’s opinion less than controlling weight, the ALJ must provide the claimant with good reasons for doing so. 20 C.F.R. § 404.1527(d)(2).

D. The ALJ’s Obligation to Develop the Record

*5 It is a rule in the Second Circuit that “ ‘the ALJ, unlike a judge in a trial, must herself affirmatively develop the record’ in light of ‘the essentially non-adversarial nature of a benefits proceeding.” ’ Pratts v. Chater, 94 F.3d 34, 37 (2d Cir.1996) (quoting Echevarria v. Secretary of HHS, 685 F.2d 751, 755 (2d Cir.1982)). As the Pratt Court explained: “This duty arises from the Commissioner’s regulatory obligations to develop a complete medical record before making a disability determination … and exists even when, as here, the claimant is represented by counsel.” 94 F.3d at 37 (internal citations omitted).

II. The ALJ’s Decision

Applying the five-step analysis enumerated in 20 C.F.R. § 404.1520, the ALJ found that Plaintiff had not engaged in substantial gainful activity since April 26, 2000 and had severe impairments which impose limitations. The ALJ found, however, that Plaintiff did not meet the third step because her “impairments, while severe, neither meet nor equal in severity any impairment listed at Appendix 1 to Subpart P, Part 404 of the Regulations.” (Tr. at 16.) Because the ALJ found that Plaintiff’s ailments did not qualify as a per se disability under the listings, the ALJ went on to analyze the fourth factor, i.e., whether Plaintiff “has the residual functional capacity to perform her past relevant or any other work existing in significant numbers in the national economy.” Finding that “as of December 31, 2002” Plaintiff “retains the residual functional capacity to perform light work” as she could “lift and carry twenty pounds occasionally, sit six hours in an eight hour work day and stand and walk six hours in an eight hour day,” ALJ concluded that Plaintiff was able to perform “her past relevant light work as a meat and deli counter person or salesperson.” ( Id. at 15.) Thus, the ALJ found that Plaintiff was not disabled under the SSA on or before December 31, 2002.

III. Plaintiff’s Arguments

Plaintiff asserts the following three arguments in support of her contention that the ALJ’s decision should be overturned: (1) the ALJ erred at step one of the analysis because the relevant period is between February 1997 and prior to December 31, 2002 as Plaintiff’s brief period of employment in 1999/2000 constituted either an unsuccessful work attempt or a trial work period; (2) the ALJ erred at step four of the analysis because his finding that Plaintiff could perform her past light work is not supported by substantial evidence; (3) the ALJ committed legal error in failing to adequately develop the record in reaching his determination of the Plaintiff’s residual functional capacity.

IV. Application of the Governing Law to the Present Facts

The concept of the “unsuccessful work attempt” concept was designed as an equitable means of disregarding relatively brief work attempts that do not demonstrate substantial gainful employment. See Andler v. Chater, 100 F.3d 1389 (8th Cir.1996). Under 20 C.F.R. § 404.1574(c)(1) an unsuccessful work attempt is measured by the duration and conditions of the claimant’s work efforts. In order for a period of employment to be considered an unsuccessful work attempt, there must first be a significant break in the continuity of the claimant’s work because of the impairment. Id. at § 404.1574(c)(2). The claimant must have stopped working or reduced her earnings below the substantial gainful activity earnings level because of her impairment or because of the removal of special conditions essential to the claimant’s performance of the work. Id . Where the work period is less than three (3) months, it will be considered an unsuccessful work attempt if the claimant stopped working because of the impairment or the removal of special conditions which permitted her to work. Id. at § 404.1574(c)(3). If the work period is between three (3) and six (6) months, it will be considered an unsuccessful work attempt if it ended because of the impairment or removal of the special conditions and either (i) the claimant was frequently absent because of the impairment; (ii) the claimant’s work was unsatisfactory because of the impairment; (iii) the claimant worked during a period of temporary remission of her impairment or (iv) the claimant worked under special conditions that were essential to her performance and these conditions were removed. Id. at § 404.1574(c)(4). Effective evidence of a disability may be found in unsuccessful work attempts. See Smith, Social Security Appeals in Disability Cases, 28 Admin L.Rev. 13, 21 (1976). See generally Koss v. Schweiker, 582 F.Supp. 518 (S.D.N.Y.1986) (ALJ should carefully weigh evidence to determine whether claimant’s subsequent work history confirms or refutes the existence of a disability).

*6 A claimant who is disabled can also test her ability to work by performing services for up to nine months. 20 C.F.R. 404.1592(a). This nine month period is called the “trial work period.” Months in which a claimant earns more than $200 counts towards the trial work period. Id. Services performed by the claimant during the nine month period are not considered as showing that a claimant’s disability has ended until the claimant has performed service for at least nine months, which nine months need not be consecutive. Id.

n the present case the ALJ concluded that the claimant has not engaged in substantial gainful activity employment since April 26, 2000. However, the evidence before the ALJ was that Plaintiff was injured at work in February 1997, she is receiving workers compensation benefits and has not worked since the accident except for the brief five month period from November 1999 to April 2000 when she worked as a department store clerk. According to Plaintiff’s testimony, she was terminated because she could not perform the work. When she stopped working in April 2000. Plaintiff was treated mostly by Dr. Holtzer and Dr. Alexovitz.

Facially, it would appear that there is evidentiary support for Plaintiff’s claim that this was an unsuccessful work attempt or a trail work period. With regard to an unsuccessful work attempt, there was a significant break in employment (approximately two years) after Plaintiff work accident in February 1997 (the alleged onset of her disability), employment of between three and six months and termination of that employment because she could not perform the job. Despite this testimony, the ALJ did not fulfill his obligation to develop the administrative record. He neither sought confirmation from the department store where plaintiff worked nor requested the records of Dr. Donald Holzer, who Plaintiff testified she saw from 1997 through the time she stopped working in 2000. Indeed the ALJ did not even address Plaintiff’s contention that the work period from November 1999 to April 2000 was a failed work attempt or trial work period. On this basis alone, the matter must be remanded for further administrative proceedings. See Koss v. Schweiker, 582 F.Supp. 518, 521 (S.D.N.Y.1986) (ALJ should carefully weigh evidence to determine whether claimant’s subsequent work history confirms or refutes the existence of a disability).

Since the matter is being remanded, the Court must also address Plaintiff’s contention that the ALJ committed legal error in failing to adequately develop the record in reaching his determination of the Plaintiff’s residual functional capacity when, inter alia, he relied upon Dr. Feder’s failure to complete the section on whether there were any standing/walking limitations as evidence that there were none. The Court agrees. Where, as here, a treating physician’s records are not clear enough on a claimant’s limitations, the ALJ’s duty to develop the medical evidence includes the duty to seek necessary clarification. See Webb v. Barnhart, 433 F.3d 683, 687 (9th Cir.2005) (“ALJ’s duty to supplement a claimant’s record is triggered by ambiguous evidence, the ALJ’s own finding that the record is inadequate or the ALJ’s reliance on an expert’s conclusion that the evidence is ambiguous”); Rosa, 168 F.2d at 79 (ALJ”s duty includes seeking additional information from treating physician when there are gaps in the administrative record); Batista v. Barnhart, 326 F.Supp.2d 345, 353 (E.D.N.Y.2004); Rodirquez v. Apfel, 1999 WL 511867 (S.D.N.Y.1999); Brooks v. Apfel, 1998 WL 544961 (N.D.Ill.1998). This is especially true, where as here, Defendant’s own expert testified that Plaintiff could only stand and walk for “up to two hours.” (R. at 35.) FN2

FN2. The Commissioner should also reconsider the Plaintiff’s testimony and the conclusion that it is not credible as unsupported by the medical evidence in light of the evidence developed on remand. See Rosa, 168 F.2d at 82 n. 7.

CONCLUSION

*7 For all of the reasons stated above, the Commissioner’s motion for judgment on the pleadings is DENIED; Plaintiff’s motion for judgment on the pleadings is GRANTED to the extent that this case is remanded for further administrative proceedings consistent with this opinion. The Clerk of the Court is directed to close this case.SO ORDERED.

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    • SSA Misinformation
  • August (4)
    • SS Retirement Benefits
    • Pain Management Support
    • Social Security Scam
    • More Trouble for SSD
  • July (5)
    • Recording A CE
    • COPD
    • CE Boondoggle Continues
    • Continuing Disability Review
    • Help for Social Security?
  • June (2)
    • SSD While You Work
    • DDS Summarily Reversed
  • May (1)
    • The Future of Social Security
  • April (7)
    • Patchogue Obstruction
    • Washington Times Article
    • Medical Sources
    • Lourdes Marasigan
    • Lump Sum Settlements
    • Partially Favorable Decisions
    • No Help for SSD Backlogs
  • March (7)
    • Fast SSD Approval
    • Vocational Experts
    • Disability and Medicare
    • IMA Disability Services
    • NYSLERS & SSD
    • Help for SSD Benefits?
    • Vocational Expert
  • February (7)
    • Supporting Records
    • Budget Cuts Increase Wait Times
    • Support Letters
    • SSD For MS
    • Misconceptions About SSD Continue
    • Patchogue Fails Again
    • Myasthenia Gravis
  • January (8)
    • Lupus
    • SSD Delays
    • WC Medical Opinions
    • Government Targets the Disabled
    • Another SSD Myth Busted
    • The Truth About SSD
    • SS Benefits 101
    • Increase in SS Denials
  • 2017 (50)
  • December (11)
    • Best Time to Apply for SS
    • Parkinson's Disease
    • SSA in Crisis
    • SSD Reform Needed
    • Applying for SSD Benefits
    • Headaches
    • Disabling Fibromyalgia
    • Garnishing SS Benefits
    • Nurse Practioners
    • Trump Hurt Disabled Workers
    • Expediting Hearing
  • November (5)
    • Social Security Fraud
    • Congress Can End SSD Backlog
    • Tips for Retirement Benefits
    • Social Security Backlog Continues
    • Income and Disability
  • October (1)
    • Witness Testimony
  • September (3)
    • Free Medical Records for New Yorkers
    • Mental Health Parity Laws
    • OTRs to Reduce Backlog
  • August (3)
    • SSD Hearing Delays
    • Unum Loses
    • SSA Medical Experts
  • July (4)
    • Fast SSD Approvals
    • Video Representation
    • Treating Doctor CE
    • Investigating DDS Doctors
  • June (4)
    • Auxiliary Benefits
    • Work History
    • Prehearing Brief
    • Rule Change
  • May (5)
    • ALJ Kilgannon Reversed
    • Hereditary Angioedema
    • IMA CE
    • RSD Journal
    • Psychotherapy Treatment Records
  • April (3)
    • Unum Rubberstamping Puppets
    • Chronic Fatigue Syndrome Update
    • Consultative Examinations
  • March (3)
    • Discretionary Clauses
    • Pancreatitis
    • Pain Medicine
  • February (5)
    • ALJ Found Scleroderma Disabling
    • More SSD Delays
    • ODAR Rumor
    • SSD Approval Rates
    • National Adjudication Team
  • January (3)
    • Treating Testimony
    • Pontine Stroke
    • SSD Bench Decisions
  • 2016 (44)
  • December (2)
    • What is an Administrative Record?
    • Pain Medicine
  • November (3)
    • SSD Approved in 2 Months
    • Hiring A Vocational Expert
    • VA Rating & SSD
  • October (1)
    • NYSLERS Approval
  • September (6)
    • Second Circuit Case
    • Prudential LTD Fraud
    • District Court Rejects SSA Denial
    • Work Record
    • Macroprolactinoma
    • Jerome Caiati
  • August (5)
    • Importance of Diagnostic Testing
    • SSD Approved In 2 Months
    • Unemployment Benefits Do Not Preclude SSD
    • ALJ Relies On Disgraced “Medical Expert”
    • SSD Approved for Crohn’s Disease
  • July (4)
    • NYSLERS
    • Claimant Credibility and Work History
    • NYS OTDA Fraud Update
    • SSD Approved in Less Than Months
  • June (2)
    • Padro Benefits
    • Social Worker’s Opinion
  • May (7)
    • Combined Disabling Conditions
    • Lymphedema
    • Significant Weight Suffices
    • Combined Disabling Conditions
    • Cancer Claims
    • Deceptive Insurance Practices
    • Cyclic Vomiting Syndrome
  • April (3)
    • Kudos To ALJ Wexler
    • Vocational Report Pays Off
    • Holding IMA Accountable
  • March (5)
    • Vocational Expert
    • Easy Case For ALJ
    • SSD Approved in 2.5 Months
    • ALJ Quotas
    • NYSLERS
  • February (3)
    • ALJ Quotas
    • Appealing Partially Favorable SSD Decisions
    • Subpoenas
  • January (3)
    • SSA Self Policing
    • IMA Folly
    • State Agency Fraud
  • 2015 (50)
  • December (1)
    • Sun Life Reverses Denial
  • November (6)
    • DDS Continues to Purge Evidence
    • Proposed LTD Regulations
    • Reliance Approves LTD After Deadline
    • Approval for Toll Collector
    • The Consequences of SSD Delays
    • Acupuncture
  • October (3)
    • Bilateral Manual Dexterity
    • SSD Waiting Times
    • Good News?
  • September (7)
    • SSA Continues Prejudicial Policy
    • Psychotherapy Notes
    • Vocational Evidence Determinative
    • Treating Doctor Testimony
    • IMA Notices
    • SSA Delays
    • SSA INTENTIONALLY INCREASING DELAYS
  • July (3)
    • NYS OTDA Fraud
    • Proper Proffer Procedures
    • Report IMA & DDS Fraud To Inspector General
  • June (2)
    • Undisclosed ALJ Rule
    • SSA Uses Gynecologist To Deny Man’s SSD Claim
  • May (1)
    • Prudential Settles LTD Claim
  • April (2)
    • AMENDING SSD ONSET DATE
    • Padro Benefits
  • March (5)
    • New IMA Fraud & Worse
    • Mental Health Records
    • CROM Testing
    • Padro: Relief too little, too late
    • IMA Evading Law Again
  • February (8)
    • SSD for School Custodian
    • 28 Months For Approval
    • SSD With No Hearing
    • State Agency Analyst Lied
    • Social Security Backlog
    • Social Security Backlog
    • Chronic Fatigue Syndrome Renamed
    • Go Figure
  • January (12)
    • IMA Disability Services
    • Sadistic IMA Conduct
    • A Padro Success
    • Disability for Breast Cancer
    • Continuing Disability Review
    • CIGNA Reverses LTD Termination
    • Disability Hearing Witnesses
    • The State Agency Concedes
    • Social Security Fraud
    • Congress Killing Disability
    • Binder & Binder Bankruptcy
    • SSD In Less Than A Month
  • 2014 (60)
  • December (8)
    • Hearing Wait Gets Worse
    • Internists’ Disability Opinions
    • Binder & Binder Goes Bankrupt
    • SSA Form 821
    • Dementia
    • Sensorineural Deafness
    • CIGNA Says Claimant Cannot Do Any Work
    • Biased SSA Review Policy
  • November (3)
    • Videotaping IMEs
    • Unum Agrees Claimant Can’t Do Any Work
    • Remand Reversal
  • October (5)
    • Pseudarthrosis
    • Proper Hearing Notice
    • Video Taping Consultative Examination
    • Antiphospholipid Syndrome
    • Non-Hodgkin’s Lymphoma
  • September (5)
    • SSA Still Not Using eCAT Properly
    • Supplemental Hearing Cancelled
    • Establishing Mental Disability
    • Passive Income
    • Langerhans Cell Histiocytosis
  • August (2)
    • IMA Disability Services
    • Federal Court Reverses CIGNA
  • July (3)
    • SSD for RSD
    • State Agency Waste and Delay
    • Lyme Disease
  • June (1)
    • SSD Benefits for Hearing Loss
  • May (6)
    • SSD For Landscaper
    • Disability Retirement Approved Without A Hearing
    • SSD for Cement Truck Driver
    • USDC Reverses ALJ Wolfe
    • Disability Etiology
    • Unum Field Visit
  • April (5)
    • Disability Benefits for Truck Driver
    • Autoimmune Hepatitis
    • Establishing Mental Disability
    • Unum Reapproval
    • Medicaid Disability Determinations
  • March (7)
    • Patchogue Problems Persist
    • Benefits Turned On Vocational Error
    • SSA Staff Attorneys
    • Disability Benefits While Working
    • Scleroderma
    • Agoraphobia
    • Padro Deadline
  • February (4)
    • State Agency Reports Misrepresentations
    • Amending Onset To Avoid Hearing
    • Carpenter Avoids Disability Hearing
    • Brugada Syndrome
  • January (11)
    • Disabling Mitral Valve
    • SSA Secret Rule
    • The Electronic Claims Analysis Tool (eCAT)
    • If You Die Before Benefits Are Approved
    • Media Deception
    • CIGNA Reverses STD & LTD Decisions
    • Disabling Sleep Apnea
    • Padro Settlement Agreement A Joke
    • Appealing Partially Favorable Decisions
    • Social Security in the News
    • Hoppenfeld Refused To Comply With Padro
  • 2013 (84)
  • December (4)
    • CIGNA Loses Standard of Review Motion
    • Prudential Cancels IME
    • Cirrhosis
    • Disability And Work History
  • November (3)
    • Common Sense
    • Pre-onset Medical Evidence
    • Aetna Reverses LTD Termination
  • October (8)
    • Social Security Benefit Increase
    • Reopening Prior Application
    • Wegener's Granulomatosis
    • SSA “Quality” Review By QRB
    • Dire Need
    • Padro Settlement Approved
    • Social Security Increase
    • Government Shutdown
  • September (3)
    • More DDS Waste
    • Fraud In The Social Security Disability process
    • Medical Expert Interrogatories
  • August (12)
    • Reviewing An Employer’s Work Description
    • Podiatrists
    • Off Task
    • Social Security Reconsideration
    • Fully Favorable Decisions
    • Operative Reports
    • Unusual SSD Approvals
    • Risky Side Effects
    • ALJ Strauss Claimants
    • Unsuccessful Work Attempt
    • Unum Pressures Doctors
    • Patchogue Continued Ineptitude
  • July (11)
    • Is Strauss Serious?
    • Is It The New Commissioner?
    • Padro Class Action Problem
    • Padro Class Action Hearing Next Week
    • Replace UNUM
    • Expediting SSD Hearings
    • Court Said IME Doctor Lied
    • Continuing Disability Review
    • Podiatrists
    • Connect The Dots
    • Unum Ordered To Produce Witnesses For Depositions
  • June (5)
    • Social Security Form DDD-3883
    • Acceptable Medical Sources
    • Petition Regulators About Unum
    • Consultative Exam Withdrawn
    • Padro Class Action Notices
  • May (6)
    • Rejecting SSA Remand Offer
    • CIGNA Regulatory Settlement
    • Polymyositis
    • NOSSCR Conference
    • SSA Misinformation
    • Padro Class Action Settlement
  • April (10)
    • DDS Actually Listened
    • Padro Class Action Update
    • Same Day SSD & DI Award
    • SSD for Letter Carrier
    • Illusory Unum Approval
    • Work History & Credibility
    • Lupus
    • Thank You Judge Irizarry
    • Crohn’s’ Disease
    • Work History
  • March (6)
    • Eliminate the SSD Waiting Period
    • Urinary Incontinence
    • SS Retirement or Disability?
    • Ignoring Unreasonable Requests
    • Officer Approved in 2 Months
    • PADRO Class Action
  • February (8)
    • Updating Evidence
    • SSD & Chiropractors
    • SSD Approved In Under 2 Months
    • Hypertrophic Cardiomyopathy
    • Queens ALJ Bias Plaintiff
    • Breast Cancer
    • CIGNA LTD Fraud Template
    • Unsuccessful Work Attempt
  • January (8)
    • Why DDS Denies SSD Claimants
    • Partially Favorable Onset Appeal
    • Treating Physician Rule
    • FCE Spurs Unum Approval
    • Commendable Action By ALJ
    • ERISA Exception
    • Importance of Vocational Evidence
    • State Agency Exam Notices
  • 2012 (87)
  • December (4)
    • SSD Approved In 3 Months
    • Social Security Myth
    • Subpoena Leads to SSD Award for Rheumatoid Arthritis
    • Another CE Problem
  • November (4)
    • CIGNA Bad Faith Affirmed
    • Walking Time Bomb
    • Three Heads Are Better Than One
    • Power Restored
  • October (7)
    • Appeals Council Remands
    • Social Security & The Presidential Election
    • SSD Claimants Need To Review Their Efolders
    • Firefighter Awarded SSD
    • Obesity & Disability
    • Videotaping IMA Consultative Examinations
    • Biased Hoppenfeld Decision Reversed
  • September (4)
    • Ileocolic Resection
    • ALJ Bias Overcome
    • Updating Medical Evidence
    • Should I Take Early Retirement?
  • August (9)
    • IMA Disability Services
    • Carpenter Wins SSD For Wrong Reason
    • Padro ALJ Bias Class Action To Be Settled
    • Binder & Binder Replaced
    • If at first …
    • IMA Disability Services
    • The Office of Medical and Vocational Expertise
    • Newsday Article
    • The SSD “12 Month Rule”
  • July (6)
    • Medical Expert Interrogatories
    • Patchogue Ineptitude
    • Emphasizing Work History
    • Reopening Disability Applications
    • What is NY Waiting For?
    • When Objective Evidence Isn't Enough
  • June (10)
    • Disability Benefits For Nurse
    • Bench Decision
    • Hearing Avoided
    • Disability Pension Award From Union
    • IMA Exams In New York
    • AARP On SSD
    • How Much Will Social Security Pay You?
    • SSD & Unemployment Benefits
    • State Agency-IMA Bad Faith Tactics
    • Why Bother With An Exam By IMA?
  • May (14)
    • Workers Compensation & SSD
    • Hoppenfeld Bias
    • Veteran Gets SSD for Memorial Day
    • Vocational Evidence
    • Establishing Mental Disability
    • IMA Exam Is Not Required
    • Postherpetic Neuralgia
    • Multiple Sclerosis
    • Disabling AION
    • Proof of Birth for SSD
    • Corroboration is not Superfluous
    • Social Security Listings
    • CIGNA CONTINUES ILLEGAL CONDUCT
    • Fast SSD Approvals
  • April (9)
    • Impaired Use of Hands
    • Representative Payee
    • Onset Appeal
    • Amending SSD Onset Date
    • State Agency Vocational Experts
    • Causation and Social Security Disability Benefits
    • Alport Syndrome
    • David Nisnewitz Found Unfit To Be ALJ Again
    • Reopening SSD Applications
  • March (6)
    • Another Example of ALJ Fier's Bias
    • Physician Specialty
    • Medical Source Statements
    • Podiatrists and Disability Benefits
    • Retaining Social Security Experts
    • Transparent Hoppenfeld Bias
  • February (7)
    • State Agency Disability Analysts
    • SSD & WC
    • SSA Should Reimburse Travel
    • Disability Benefits For Carpenter
    • Carpal Tunnel Syndrome
    • SSD Approved in Two Months
    • Reflex Sympathetic Dystrophy
  • January (7)
    • Veterans Medical Source Statements
    • Disabled by Schizophrenia
    • Receiving SSD Benefits and an Income
    • Vocational Credibility
    • SSD For Police Officer
    • Kienbock's Disease
    • Patchogue Incompetence
  • 2011 (89)
  • December (4)
    • Binder and Binder
    • Appeals Council Doltishness
    • NYCERS Disability Pension
    • Can You Receive SSD If You Have Income?
  • November (6)
    • Rheumatoid Arthritis
    • Multiple Impairments
    • Adverse Evidence
    • Cerebrovascular Accident & SSD
    • Was A Video Hearing Needed?
    • NOSSCR Conference
  • October (7)
    • SSD Approved in 2 Weeks
    • SSD Approved In 2 Months
    • Disability and Diabetes
    • Social Security Benefit Increase
    • Vocational Experts
    • IMA Consultative Examinations
    • Hoppenfeld & The Rotation Policy
  • September (9)
    • Alzheimer’s
    • Federal Court Reassigns Nisnewitz Case
    • Approval After Federal Court Remand
    • Abusive Hoppenfeld Conduct
    • Rheumatoid Arthritis
    • SSD Overpayments
    • LTD Approved In Less Than A Month
    • Maximizing Disability Benefits
    • Mixed Connective Tissue Disease
  • August (7)
    • When To Amend The Disability Onset Date
    • Right To Cross Examine Post Hearing Experts
    • Commissioner’s Statement Is Offensive
    • Gilding the Lily
    • SSD Approved in 2.5 Months
    • When to File for SSD
    • Disability & Incontinence
  • July (11)
    • Hoppenfeld Fibromyalgia Bias
    • On The Record Requests
    • LTD Approved In Two Months
    • Work History
    • Relocating While Disabled
    • Carpal Tunnel Syndrome
    • Getting Disability Benefits Quickly
    • SSD Approved in 3 Months
    • SSD Approved In Two Months
    • SSD & WC Offset
    • Disability Analysts
  • June (7)
    • Federal Court Decision
    • Social Security Depravity
    • Depression and Anxiety
    • Fully Favorable Appeals Council Order
    • Erythema Multiform Major
    • SSD in Three Months
    • Lincoln Life Pays LTD Benefits
  • May (8)
    • Acquiring Work Skills
    • Court Rejects CIGNA LTD Termination
    • Disability Benefits & Substance Abuse
    • Endometriosis
    • SSD Approved In 2 Months
    • Raising The Retirement Age
    • No More Paper Checks
    • Treating Doctors
  • April (11)
    • SSA Prehearing
    • Disability Redefined
    • Consultative Examinations
    • Evidence of Hoppenfeld Bias
    • ALJ Nisnewitz Rejected Again
    • ALJ Bias Class Action
    • Working And SSD
    • ALJ Bias In Queens
    • Federal Court Decision
    • ALJ Strauss Rejected Again
    • Seven Year Wait Over
  • March (8)
    • Lyme Disease
    • ALJ Strauss Reversed Again
    • Remand To A New ALJ
    • “Secret” Child’s Benefits
    • Unfair CIGNA Tactics Detailed
    • LTD Policy Offsets
    • Partially Favorable Decisions
    • SSD While Working
  • February (9)
    • Expediting Disability Benefits
    • Multiple sclerosis
    • Date Last Insured
    • Radiculopathy
    • Videoconference Hearings
    • Expediting Disability Benefits
    • Patchogue Incompetence
    • Federal Court Decision
    • Union Disability Approved
  • January (2)
    • Does ALJ Strauss Try To Get Reversed?
    • ALJ Fier Unfit To Rehear Case
  • 2010 (75)
  • December (7)
    • SSA Notice of Awards
    • SSA Doctors
    • Protective Filing Date
    • SSA Delays
    • On The Record Requests
    • Dialysis & Disability
    • Disability Opinions & Medical Tests
  • November (7)
    • LTD and SSD
    • CIGNA Sued For Surveillance
    • Attorney Advisors
    • Social Security Doctors
    • Unum Reverses Termination
    • Electronic Records Express
    • Multiple Impairments
  • October (4)
    • Liver Cancer
    • Unum Approves Fibromyalgia Claim
    • Comorbid Conditions
    • “Partially Favorable” Decisions
  • September (6)
    • Income Doesn't Bar Disability Benefits
    • Celiac Disease
    • Proving Disabling Pain
    • EAJA Fees
    • IMA Disability Services
    • Self Employment
  • August (5)
    • Headaches
    • Ankle Injuries
    • Partially Favorable Decisions
    • Bench Decisions
    • Fibromyalgia
  • July (6)
    • Medical Listing Opinions
    • Treatment Records
    • Avoiding SSD Hearings
    • Federal Court Remand
    • The MTA & SSD
    • When Work Doesn’t Count
  • June (7)
    • Gastroparesis
    • Sjogren's Syndrome
    • Benefits After A Federal Court Remand
    • Firefighter Gets SSD Benefits
    • Prudential Approved LTD, For Now
    • Chronic Fatigue Syndrome
    • Getting Benefits While Working
  • May (7)
    • EAJA Fees
    • Stroke
    • New Jersey District Court Remand
    • District Court Remand
    • ALJ Hoppenfeld Overtly Acts Biased
    • Veterans
    • NYCERS & SSD
  • April (8)
    • Medical Evidence and Functionality
    • Deceptive SSA Notices
    • Onset Date
    • Queens ALJs
    • When Can You File For SSD Benefits?
    • Parkinson’s Disease
    • Consultative Exam (“CE”) Ruled Improper
    • EAJA Fees
  • March (5)
    • Consultative Examinations
    • New Office
    • Complaining About Biased ALJs
    • IMA Disability Services
    • Multiple Impairments
  • February (6)
    • NYCERS
    • Primary Care Physicians
    • Social Security Rulings
    • Anxiety
    • Fibromyalgia
    • Retrospective Medical Opinion
  • January (7)
    • Disability For Federal Employees
    • The Grids
    • Chronic Fatigue Syndrome
    • Adult Disabled Children
    • Charcot-Marie-Tooth
    • Depression and Anxiety
    • RSD/CRPS
  • 2009 (60)
  • December (5)
    • Getting SSD Even If You Can Work
    • Health Insurance For Children
    • Health Insurance For Children
    • Settling With CIGNA
    • Avoiding An Improper Consultative Exam
  • November (5)
    • Multiple Sclerosis
    • Protective Filing Dates
    • SSD Delays
    • Reopening Past SSD Denial
    • ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
  • October (7)
    • Listed Impairments
    • Multiple Medical Sources
    • Attorney Advisors
    • Avoiding Consultative Examinations
    • Atypical Parkinson’s
    • Chondromalacia
    • Subpoena The SSA Doctor
  • September (3)
    • Prudential Reverses Fibromyalgia STD & LTD Denial
    • ALJ Nisenewitz: Stupid or Biased?
    • LTD & Health Insurance
  • August (3)
    • Teacher Finally Receives SSD Benefits
    • SSA Consultative Examiners
    • Child’s Benefits
  • July (4)
    • Retrospective Medical Opinions
    • Senior Attorney Adjudicators
    • Medical Improvement
    • Fibromyalgia
  • June (4)
    • Chronic Fatigue Syndrome (CFS)
    • Dictionary of Occupational Titles
    • Voluntary Remand
    • Subpoena Denials
  • May (5)
    • Courts Rules CIGNA Is Biased
    • SSD & Taxes
    • ALJ Hoppenfeld Must Be Barred From FMS Cases
    • Don’t Believe Everything You Read
    • On The Record Request
  • April (4)
    • Avoiding SSD Remand Hearing
    • NYCERS Disability Retirement
    • Submitting Medical Records
    • CIGNA Ordered To Pay For Its Actions
  • March (9)
    • Oops, CIGNA’s Done It Again
    • Hearing Office Attorneys
    • Hearing Notice
    • Appeals Council Rebukes ALJ Fier
    • Unsuccessful Work Attempts
    • Medical Assessments
    • Disability & Downsizing
    • Consultative Examinations
    • Obama Disability Benefit
  • February (4)
    • SSI Decisions
    • Responsive Doctors
    • Vocational Experts
    • Multiple Sclerosis
  • January (7)
    • Court Blasts CIGNA LTD Benefit Termination
    • Obama and Social Security Benefits
    • “Fully Favorable” Decisions
    • SSD Secret
    • Notice of Dismissal
    • Initial SSA Decisions
    • Appeals Council Scolds ALJ
  • 2008 (70)
  • December (5)
    • Unum Cases In New York
    • Medical Evidence
    • Prior Applications
    • Disability is Functionality
    • Medical Records & Reports
  • November (5)
    • Depression & OCD
    • Overpayment
    • Medical Specialists
    • Best Medical Evidence
    • Appeals Council Remand
  • October (6)
    • Social Security Files
    • Applicaiton Filing Date
    • Representing Yourself
    • Disabled Voters
    • Vertigo
    • Multiple Impairments
  • September (4)
    • Medicare
    • ALJ Hoppenfeld
    • Fibromyalgia
    • Appeals Council Remand
  • August (8)
    • Myasthenia Gravis
    • More Is Better
    • Disability Benefits & Work
    • SSA Medical Reports
    • Negotiating Disability Benefits
    • Consultative Examinations
    • GMA Exposes CIGNA
    • Work History
  • July (6)
    • Onset and Application Dates
    • Supreme Court Helps LTD Claimants
    • Expediting SSD Cases
    • Two Heads Are Better Than One
    • LTD Litigation
    • Retrospective Medical Opinions
  • June (7)
    • Establishing An Onset Date
    • Field Visit
    • Multiple Attorneys
    • Self Employment
    • Special Accommodations
    • Multiple Disability Benefits
    • Clarifying Objective Evidence
  • May (3)
    • Unum Games
    • Vocational Evidence
    • Credit Disability Insurance
  • April (7)
    • “Fully Favorable” Decisions
    • Treating Sources
    • SSD & Mental Disability
    • Using Vocational Evidence To Expedite Benefits
    • Attorney Adjudicator
    • Past Earnings
    • Benefits Without A Hearing
  • March (3)
    • Objective Evidence
    • Disability Appeals
    • Police Officer
  • February (9)
    • Irrelevant Medical Conditions
    • Establishing Credibility
    • Medical Updates
    • No Health Insurance
    • Application Dates
    • Possible Delay Remedy
    • Unum Reassessment Loophole
    • Benefits Despite Income
    • Consultative Examinations
  • January (7)
    • “Accentuate The Positive, Eliminate The Negative”
    • Dire Need
    • How To Avoid Hearing Delays
    • Police Disability
    • Seminar
    • Expediting LTD Benefits
    • Uveitis
  • 2007 (58)
  • December (7)
    • TBI and Vocational Evidence
    • Failure To Receive Notice
    • Mental Disorders
    • Inability To Speak English
    • Discovery In ERISA Cases
    • Don’t Be Intimidated By DDS
    • Multiple Sclerosis
  • November (7)
    • Avoiding Hearings
    • Working Does Not Preclude Benefits
    • Be Wary of Forms
    • Exam Secrets
    • SSD for Firefighter
    • Consultative Examinations
    • Purpose of SSD Hearing
  • October (6)
    • Why Wait?
    • Insurance Department Complaint
    • Overreach For Disability Retirement
    • Vertigo
    • No Objective Testing Required for Chronic Fatigue
    • Non-binding Disability Decision
  • September (3)
    • Always Review Your File
    • Vocational Evidence & Credibility
    • The More The Merrier
  • August (5)
    • Always Check The Listings
    • LTD & SSD
    • Avoid Early Retirement
    • Getting Benefits Faster
    • Medical Records & Reports
  • July (3)
    • Discovery in LTD Cases
    • Constant Vigilance
    • Judges Are Fallible
  • June (4)
    • Clerical Mistakes
    • Needless Forms
    • Objective Evidence of Pain
    • The SSA & The Self Employed Claimant
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