What Was DDS Thinking

Friday, June 19th, 2020

Sometimes the decision of the State agency adjudicator makes absolutely no sense. I represent a 54 year old school aide from East Meadow who suffered broken legs, neck, shoulder, ribs, arm, and multiple vertebrae with a TBI in a car vehicle accident on August 6, 2016, which was the alleged onset date (“AOD”). A State agency adjudicator named K. Vollmer said the claimant did not become disabled until February 7, 2018, which was the established onset date (“EOD”).

There was absolutely no evidence that the claimant’s medical condition got worse between the AOD and EOD. Common sense and logic dictate that the claimant’s condition would be worse immediately after the car accident, not two years later. If you ask a Kindergartner if a person would feel better right after a car accident, or two years later, I would bet everything I had that they would correctly answer the latter.

To make matters even worse, J. Diaz, a second State agency adjudicator, “thoroughly reviewed” the claimant’s file, and nonetheless, concluded that Vollmer was correct. It would seem highly unlikely that two people could independently arrive at the same moronic conclusion. It is more likely that Diaz blindly rubberstamped Vollmer’s decision.

Thankfully, administrative law judge (“ALJ”) Andrew Weiss ended the travesty. Upon reviewing the file, the ALJ determined that a hearing was not necessary, and approved the claimant’s Social Security Disability benefits. Unfortunately, the claimant had to wait over a year before the ALJ could correct the State agency’s obvious error.

My client initially applied on her own, believing that she would be approved easily, but was denied almost immediately. She was referred to me by her husband, a former client for whom we obtained SSD benefits. They are both very appreciative because they were unaware that they could appeal the onset date. This is another example of why it is important to retain a disability attorney if you plan on applying for SSD benefits. Please feel free to call my office for a free phone consultation. The office is currently closed due to the pandemic, but we are still able to take phone calls and work remotely. Our offices are conveniently located in both Nassau and Suffolk counties on Long Island.

Previous Next