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I represent a 52 year old former Cable Television maintenance worker with neck and back problems whose Social Security Disability (“SSD”) application was approved today after two months. Since SSD benefit approval rates have been decreasing, while decision-waiting times have been increasing, the question arises: what made this SSD claim different?
The ostensible answer is “objective” evidence. Recent prior posts have discussed how Social Security has placed greater emphasis in the last couple of years on “objective evidence.” To the SSD adjudicators, objective evidence primarily means diagnostic tests.
We submitted an unusually large number of MRI and EMG tests for the claimant, in addition to treatment records and disability assessments from treating physicians. This indicates that even thought the Social Security Administration has eliminated the treating physician rule, when the opinion of a claimant’s physician is accompanied by significant diagnostic testing, the opinion is likely to be accepted.
This case involved a disability claimant from Long Island, and we have been able to obtain SSD benefits for many other disability claimants quickly compared to national averages. For the convenience of our Long Island clients, and potential clients, we have offices in both Nassau and Suffolk county.Previous Next
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