Posted on September 24, 2018 in Denied Social Security Benefits

One of the keys to prevailing in a Social Security disability case is demonstrating how your physical or mental limitations make it impossible for you to hold down a job. For their part, Social Security officials are required to assess the applicant's residual functional capacity (RFC), which takes into account of all of the available medical evidence, including the applicant's own testimony regarding his or her limitations. While Social Security is not required to accept or give equal weight to all such evidence, the agency must provide a logical explanation supporting its ultimate conclusions.

Magistrate: Social Security Failed to Explain Reasons for Denying Claim

Far too often, Social Security fails in this basic task. For example, on September 17, 2018, a federal magistrate judge ordered Social Security to conduct a new hearing in the case of a disability applicant from Illinois. The applicant first applied for disability nearly five years ago. She claims she has been unable to work since 2008 due to “two generated or herniated discs and possible sciatica,” according to court records.

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 Posted on September 12, 2018 in Denied Social Security Benefits

Social Security disability programs are designed to assist individuals who are unable to work due to a physical or mental impairment. Disability decisions are not supposed to be a judgment on the applicant's character or past conduct. However, Social Security officials often discount disability claims raised by individuals with criminal records or who are not considered “sympathetic” or “likable” enough.

Magistrate: Social Security Failed to Properly Assess Ex-Con's Mental Disorders

Such considerations, however, have no relevance under Social Security regulations. When an agency administrative law judge (ALJ) takes procedural shortcuts with an applicant they dislike, a federal court may intervene and decide that the applicant is entitled to a new hearing.

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 Posted on September 05, 2018 in Denied Social Security Benefits

Social Security administrative law judges (ALJs) frequently go to extraordinary lengths to discredit and discount the impact chronic pain has on a person's ability to work—or even simply live a normal life. Although a litany of regulations and federal court decisions reject such a draconian approach to disability cases, we continue to see applicants with legitimate claims are turned away by the arbitrary and capricious decisions of ALJs.

Illinois Magistrate Identifies Multiple Errors in Disability Decision

Consider one recent example. In this case, a female applicant suffering from a variety of impairments—hypertension, diabetes, and asthma—filed for disability benefits in 2013. In 2016, Social Security denied her application, in large part because the ALJ overseeing the case rejected the applicant's testimony regarding the effects of her chronic pain and other symptoms. The woman then sought review of Social Security's denial with an Illinois federal magistrate judge.

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 Posted on August 28, 2018 in Social Security Disability Medical Conditions

Social Security disability decisions are supposed to be based on medical evidence. However, far too often, Social Security officials ignore this evidence in favor of their own preconceived biases towards a disability applicant, especially those suffering from chronic pain. Even worse, officials may try to manipulate the testimony of medical experts to justify their erroneous conclusions.

Court Says Social Security Cannot “Delegate” Credibility Findings to Consulting Doctors

The U.S. Seventh Circuit Court of Appeals in Chicago recently expressed its exasperation with the Social Security Administration over such practices. The context was a decision to deny disability benefits to a man suffering from congenital spinal stenosis and other serious medical impairments. At a hearing before a Social Security administrative law judge (ALJ), the applicant presented substantial medical evidence documenting his condition. In brief, the applicant suffers from chronic pain as the result of a degenerative back problem, which has not improved despite undergoing surgery.

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 Posted on August 22, 2018 in Social Security Disability Medical Conditions

According to the U.S. Centers for Disease Control and Prevention, strokes are a “leading cause of serious long-term disability” in the United States. Each year, the CDC says roughly 795,000 Americans suffer a stroke—the vast majority of them for the first time. About 87 percent of all strokes are classified as ischemic strokes, where the “blood flow to the brain is blocked.”

This is what makes strokes so dangerous. Depriving the brain of blood and oxygen for even a few seconds can produce catastrophic consequences. Over time, the lingering after-effects of a stroke can degrade a person's ability to engage in meaningful work. Eventually, the victim may qualify for Social Security disability benefits.

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 Posted on August 15, 2018 in Social Security Disability

The Social Security Administration uses a five-step process to determine whether or not someone is eligible for disability benefits. At the first step, a Social Security administrative law judge will “consider your work activity.” Legally, a person is only considered disabled if he or she has been unable to “do any substantial gainful activity” due to their medical impairments “for a continuous period of not less than 12 months.” In plain English, you generally need to be out of work for at least one year before you can apply for disability.

Judge Rejects Fired Schoolteacher's Disability Claim

This is not to say you cannot earn any money in the 12 months preceding the alleged onset date of your disability. Social Security defines “substantial gainful activity” (SGA) as a monthly threshold. For example, in 2022 a person may earn up to $1,350 per month and still qualify for disability benefits (or $2,260 if they are blind). There are also cases where a handicapped person may engage in “sheltered employment” without it constituting SGA.

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 Posted on August 08, 2018 in Social Security Disability

According to the U.S. Centers for Disease Control and Prevention, approximately 40 percent of U.S. adults suffer from obesity. While merely being “overweight” does not prevent most people from working, when obesity is combined with an individual's other medical impairments, it may qualify him or her for Social Security Disability Insurance benefits.

Federal Court Orders Third Social Security Hearing for Applicant with “Morbid Obesity”

Getting Social Security to accept evidence of an obesity-related disability is often easier said than done. For example, the U.S. Seventh Circuit Court of Appeals here in Chicago recently ordered Social Security to conduct a third hearing for a disability applicant who first applied for benefits eight years ago. Among other issues, the appeals court cited Social Security's failure to consider how the applicant's “morbid obesity” interacted with her other medically proven impairments.

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 Posted on July 30, 2018 in Social Security Disability

Disability applicants often find themselves in Catch-22 position. They need income while waiting for Social Security to rule on their claim. However, any action they take to acquire income may be cited by Social Security as proof they are not legally “disabled.”

Appeals Court Rejects Use of Unemployment to Question Applicant's Credibility

This conundrum often comes up with respect to unemployment benefits. Unemployment insurance is designed as a temporary replacement for wages while an individual is looking for work. Yet does this mean that accepting unemployment constitutes an admission that a person is physically and mentally capable of work?

Not necessarily. At least that was the answer given by the U.S. Seventh Circuit Court of Appeals here in Chicago. The Court ordered Social Security to conduct a new disability hearing for an applicant suffering from chronic back pain.

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 Posted on July 18, 2018 in Social Security Disability

Obtaining Social Security disability benefits is not simply a matter of proving you suffer from a physical or mental impairment. The Social Security Administration must also consider whether there are “suitable jobs” that you could theoretically perform in spite of your impairments, and whether such jobs “exist in significant numbers.” Here, the burden is on Social Security—not you as the applicant—to prove this is the case.

Woman Recovering from Brain Surgery Entitled to New Hearing

How you do quantify the amount of “suitable jobs” available? Social Security typically relies on the testimony of vocational experts (VEs) to estimate the number of jobs that might be available. Unfortunately, many VEs fail to properly explain their methodology, which makes their “expert” opinions little more than guesswork. A number of federal courts—including the U.S. Seventh Circuit Court of Appeals here in Chicago—have expressed frustration.

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 Posted on July 11, 2018 in Denied Social Security Benefits

There are some injuries that are so severe you would assume they automatically qualify a person for Social Security disability benefits. Unfortunately, that is not how the system works. Even in cases where an applicant has clearly sustained a medical injury that prevents him or her from working, Social Security administrative law judges (ALJs) will look for any reason they can find to declare the person not disabled.

Seventh Circuit Issues Rare Order Directly Awarding Disability Benefits

Recently, the U.S. Seventh Circuit Court of Appeals in Chicago addressed a particularly outrageous case of “disability denial” on the part of Social Security. The plaintiff in this lawsuit fell down a flight of stairs 18 years ago and sustained a “traumatic brain injury” in the process. More than a decade later, he sought disability benefits.

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