When applying for disability benefits, the Social Security Administration (“SSA”) is required to consider evidence from other governmental agencies. While a decision from another agency awarding disability benefits is not binding on the SSA, the SSA can find such a decision to be very persuasive.
I represent a 52 year old former teacher with back, knee, shoulder, and mental impairments. In May 2017, the SSA was given a report from the treating orthopedist that concluded the claimant could not work, and that report was supported with treatment notes and MRI test data. In October 2017, the SSA was given a report from the treating spine surgeon that concluded the claimant could not work, and that report was supported with treatment notes, surgical reports, and MRI test data. In December 2017, the SSA was given a report from the treating psychiatrist, which concluded that claimant could not work. Despite well supported opinions from three different specialists, the SSA did not approve SSD benefits.
Two weeks ago, the SSA was provided with proof that NYSLERS found the claimant unable to work. Today, we learned that the SSA approved the claimant’s SSD benefits. While the NYSLERS approval was not binding under the regulations, the SSA must have found it to be convincing.Previous Next
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