- DISABILITY CLAIM FAQ
Disability applications require applicants to provide a date when they could no longer work. The claimant has the burden of proving that he or she became unable to work as of the onset date due to medical reasons. However, just because medical evidence may predate the relevant disability onset date, does not mean that the evidence is irrelevant.
Medical records and reports that predate the disability onset can be used to establish disability as of the onset date, and thereafter. If the claimant’s post onset symptoms relate to the pre onset condition, then the records should be relevant to show that the severity of the condition progressed. While this may seem obvious, I had a Social Security Disability (“SSD”) claim denied by an Administrative Law Judge (“ALJ”) from Queens who asserted that medical evidence predating the onset date was irrelevant. That case was eventually reversed in the claimants’ favor.
I represent a claimant whose SSD application was approved by an ALJ from Jericho today, but only after providing pre onset medical evidence. Due to lack of medical insurance, the claimant had relatively little post onset medical evidence. However, medical records shortly before the onset included diagnostic testing that clearly established a progressive medical condition. The ALJ relied on the diagnostic testing in order to establish the onset date, as well as subsequent symptoms that supported continuing disability.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 © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou