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Monday, July 8th, 2013
Podiatrists
Do not underestimate the importance of podiatrists when applying for disability benefits. Perhaps claimants frequently overlook podiatrists because foot problems are not the primary impairment.
I represent a 55 year school crossing guard with back and feet problems, who was awarded Social Security Disability (“SSD”) benefits today without a hearing. The decision rejected the opinion of the State agency doctors, who said the claimant should be able to work because they failed to consider the combined effect of the claimant’s foot and back problems.
I had obtained a report from the treating podiatrist that limited the claimant’s ability to stand and walk due to a heel spur and plantar fasciitis. Every job requires being on one’s feet to some degree, and according to the U.S. Department of Labor’s Dictionary of Occupational Titles (the “DOT”), a crossing guard must be on her feet for at least 6 hours a work day.
It is unclear if the claimant would have been approved for SSD benefits in the absence of the podiatrist’s report. However, it is fairly clear that the claimant probably would have needed to proceed to a hearing in order to have get her SSD award.
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- Electronic Records Express
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- Benefits After A Federal Court Remand
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- EAJA Fees
- Stroke
- New Jersey District Court Remand
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- Queens ALJs
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- EAJA Fees
- Consultative Examinations
- New Office
- Complaining About Biased ALJs
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- NYCERS
- Primary Care Physicians
- Social Security Rulings
- Anxiety
- Fibromyalgia
- Retrospective Medical Opinion
- Disability For Federal Employees
- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
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- Depression and Anxiety
- RSD/CRPS
- Getting SSD Even If You Can Work
- Health Insurance For Children
- Health Insurance For Children
- Settling With CIGNA
- Avoiding An Improper Consultative Exam
- Multiple Sclerosis
- Protective Filing Dates
- SSD Delays
- Reopening Past SSD Denial
- ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
- Listed Impairments
- Multiple Medical Sources
- Attorney Advisors
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- Atypical Parkinson’s
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- SSD & Taxes
- ALJ Hoppenfeld Must Be Barred From FMS Cases
- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
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- Prior Applications
- 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
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- 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
- Inability To Speak English
- Discovery In ERISA Cases
- Don’t Be Intimidated By DDS
- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
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- Why Wait?
- Insurance Department Complaint
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- 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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