Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
It is not uncommon for an Administrative Law Judge (“ALJ”) to deny a Social Security Disability (“SSD”) claim on the grounds that a medical condition is not severe enough to be disabling because the claimant did not have surgery. The case law had made clear that it is not necessary to have surgery to show that medical condition is disabling. Nonetheless, if you have undergone surgery, then it should be obtained and submitted as evidence.
I had two cases that were approved today without any difficulty. Both claimants sustained orthopedic injuries from motor vehicle accidents. The first case involved a 48 year old warehouse manager whose foot was crushed, and the other concerned a 41 year old paralegal whose neck and back were injured.
Generally, Social Security prefers denying SSD benefits to claimants who are under 50 years old. I have had many claimants who are under 50 years old with motor vehicle injuries who retained me after their SSD application was denied. What the two cases I had today in common was that each claimant underwent major surgery. Each ALJ decision highlighted the surgery.
Treatment reports and functional capacity assessments can suffice to establish entitlement to SSD benefits. However, operative reports tend to lead to faster claim approvals. Many ALJs favor what Social Security doctors say over treating doctors because the ALJs think that treating doctors’ reports overstate a claimants’ disability in order to help them get SSD benefits. It seems that ALJs perceive surgery as evidence that a treating doctor is not exaggerating the extent of a claimant’s inability to work.
Previous NextDISCLAIMER 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.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou