- DISABILITY CLAIM FAQ
Since the last Century, the case law in Social Security Disability (“SSD”) appeals has been crystal clear – the opinions of doctors “who have not personally examined the claimant deserve little weight.” Nonetheless, when an administrative law judge (“ALJ”) wants to deny a case, they frequently rely on the opinion of the non-examining State agency medical consultant as the basis for the decision.
We represent a 57 year old former controller from Howard Beach with Parkinson’s disease. ALJ Pecoraro, who approved the claimant’s SSD application today, stated that the opinions of the non-examining State agency medical consultants were not persuasive. The ALJ reasoned that because additional evidence was produced after the consultants’ document review, their opinions were not based upon a complete record, and therefore were of little probative value.
As intimated above, many ALJs are predisposed to deny SSD claims. You can learn if an ALJ is predisposed to deny your SSD claim by checking out their approval rate here. An ALJ with a low approval rate that is predisposed to deny your SSD claim would have found that the opinions of the non-examining State agency medical consultants were persuasive, despite the law clearly being to the contrary.
Knowing the Social Security case law is critical to preparing your claim, and appealing it all the way to federal court if necessary. When retaining a disability attorney to handle your SSD claim, be sure to ask them about the extent of their experience litigating these matters. Please call my office staff for a free phone consultation. We have offices conveniently located on Long Island in Nassau and Suffolk counties.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