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I have been writing about how the State agency known as Disability Determination Services (“DDS”) has been wasting taxpayer time and money for years. Today gave rise to another perfect example of where the DDS decision made absolutely no sense.
We represent a 44 year old from Whitestone with heart problems who worked in maintenance for a school. The claimant had a slew of hospitalizations due to his cardiac problems, which included a heart attack. Moreover, the claimant developed severe psychological problems as a result of his cardiac related limitations. Additionally, the claimant earned over a $100,000 a year, so commonsense should have told DDS that the claimant would have continued working rather than receive less than a quarter of that amount in SSD benefits.
We obtained opinions from three of the claimant’s specialists that strongly support an inability to work on a full time basis. Each of those opinions was validated by thousands of pages of medical records. Nonetheless, DDS denied Social Security Disability (“SSD”) benefits because its doctor, Sovan Powell, said there was “insufficient information.”
It is stupefying to assert that multiple medical opinions with thousands of contemporaneous medical records could possibly constitute “insufficient information.” Not surprisingly, DDS refused to identify what information they claimed was missing to enable them to determine whether the claimant was disabled and entitled to receive SSD benefits.
Thankfully, administrative law judge (“ALJ”) Margaret Pecoraro reversed the DDS travesty. After the case was assigned to the ALJ, we asked that the claimant’s file be considered for an OTR. The ALJ determined that a hearing was not necessary, and approved the claimant’s SSD benefits.
Our client is ecstatic that he was approved without a hearing and is happy that he made the decision to retain us when he first decided to apply for SSD benefits. If you are thinking about applying for SSD, call our office for a free phone consultation. Our offices are located on Long Island in Nassau and Suffolk counties.
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