33 N. Dearborn Street, Suite 1130, Chicago, IL 60602
5 Convenient Locations
NO FEE OR COSTS UNLESS WE WIN!
312-999-0999
312-999-8999
Recent Blog Posts
Generalized Anxiety Disorder and Social Security Disability Benefits
Dealing with anxiety and doubt is common. However, for some people, anxiety is an all-consuming fear that affects their ability to function in society. Known as generalized anxiety disorder (GAD), this type of illness is a serious mental health impairment and may qualify a person for Social Security disability benefits.
ALJ Improperly Holds Applicant's Inability to Afford Mental Health Treatment Against Her
Unfortunately, there is often a stigma associated with GAD and similar mental health disorders that can lead Social Security officials to unfairly reject disability claims. Indeed, as one recent Illinois case illustrates, a Social Security administrative law judge (ALJ) may misinterpret a disability applicant's spotty employment history as “proof” that he or she is actually capable of working, without stopping to consider the overall impact of his or her anxiety disorder.
Can Social Security Deny My Disability Claim Based on My “Conservative” Treatment?
Social Security often adopts a “blame the victim” approach when it comes to reviewing applications for disability benefits. A common tactic is to cite an applicant's “conservative treatment” history. In other words, a Social Security administrative law judge (ALJ) will point to an applicant's decision not to seek a particularly aggressive form of medical care as “proof” that his or her impairment is not really that serious, and therefore not a disability.
Social Security Must “Explore the Claimant's Reasons for the Lack of Medical Care
The flaw in this line of reasoning is that there are plenty of legitimate reasons why a person with a serious mental or physical disability may not seek treatment as often, or as aggressively, as the ALJ might prefer. In many cases it simply comes down to a lack of money. Disability applicants are, by definition, people who are not presently working. Without any income or employer-sponsored health insurance, they are simply unable to afford treatment.
Why Won't Social Security Believe I Suffer from Chronic Back Pain?
One of the most common reasons why people seek Social Security Disability Insurance benefits is they are simply in too much pain to keep working. When that pain has a clear medical explanation, you would think that should be enough to satisfy Social Security officials. Yet in far too many cases, agency officials simply dismiss “subjective” complaints of pain, even while acknowledging a disability applicant has a serious mental or physical impairment.
Judge Criticizes Social Security for “Selective” Misrepresentation of Evidence
Let us consider a recent decision by a federal judge in southern Illinois. The plaintiff is a woman in her mid-40s who first applied for disability benefits over five years ago. Previously, she worked as a customer service representative until her medical condition left her unable to sit all day.
How Much Will it Cost Me to Hire a Disability Lawyer?
Many people are hesitant to hire a Social Security disability attorney because they fear the potential cost of representation. This is understandable. After all, if you are unable to work and struggling to make ends meet, the last thing you want to do is worry about paying a large legal bill.
But what you should understand is that under Social Security regulations, your lawyer works on a contingency basis. This means you do not owe the attorney anything unless your disability claim is successful. When you hire a disability lawyer, you will need to sign a contingency agreement authorizing the Social Security Administration to pay the attorney out of your final benefits award.
Compensation as a Percentage of “Past Due” Benefits
Do I Need to See a Specialist to Qualify for Disability Benefits?
Medical evidence is usually the key to obtaining Social Security disability benefits. Your best source of credible medical evidence is generally your own doctor. But what if your doctor is an internal medicine generalist and not a specialist? Can Social Security disregard your doctor's views simply because they lack specialized training or experience with respect to your particular disability?
Judge Rejects Social Security's Excuses for Rejecting Primary Care Doctor's Diagnosis
A federal judge here in Illinois recently confronted these questions. The plaintiff in this lawsuit seeks Social Security benefits due to a number of physical and mental impairments. Of particular note, the plaintiff suffers from “lumbar disc abnormalities” that restrict his ability to sit, stand, and walk.
How Does a Functional Capacity Evaluation Affect My Case for Disability Benefits?
One of the key steps in applying for Social Security Disability Insurance benefits is receiving a functional capacity evaluation (FCE). This is basically a test designed to objectively assess your ability to perform different degrees of work, taking into account your physical and mental impairments. An FCE generally places you into one of five categories, ranging from “ability to perform heavy work” to “unable to perform sedentary work.”
ALJ Fails to Meet “Minimum Articulation” Standard
Social Security officials are expected to take an FCE into account when deciding whether or not to grant your application for disability benefits. Although a Social Security administrative law judge (ALJ) does not have to accept the FCE's findings at face value, he or she must point to specific reasons for discounting or disregarding the evaluator's opinions. It is not enough for the ALJ to simply state he or she disagrees with the FCE's conclusions.
How Social Security Looks at a Person's “Social Functioning” When Considering Disability Benefits
Mental disorders often impair a person's social functioning. This is an important factor when applying for Social Security disability benefits, since one of the key questions agency officials must consider is whether an applicant has the “residual functional capacity” (RFC) to hold down a job, taking into account the limits on his or her social functioning. But as we often find when it comes to Social Security, the agency's administrative law judges (ALJs) are quick to minimize and dismiss concerns regarding social functioning—and mental disorders in general.
Court Cites Failure to Properly Consider Applicant's “Moderate Difficulties” in Social Settings
Consider a recent decision by the U.S. Seventh Circuit Court of Appeals here in Chicago. The Court ordered a new hearing for a woman in her mid-40s who first applied for disability benefits over five years ago. The woman—who we will identify here as the plaintiff—suffers from a number of physical and mental impairments, including major depressive disorder.
Is Social Security Required to Consider All Medical Opinions Relevant to My Disability Case?
Social Security disability regulations are quite clear about how an administrative law judge (ALJ) is supposed to treat medical evidence: “Regardless of its source, we will evaluate every medical opinion we receive.” This does not mean the ALJ must accept every medical opinion offered. Rather, the regulations require Social Security to consider any expert testimony regarding the applicant's disability and reconcile any potentially conflicting or contrary evidence. Still, the ALJ cannot simply refuse to acknowledge a medical opinion just because he or she disagrees with it.
Appeals Court Finds ALJ “Failed to Confront” Medical Evidence
No matter what the regulations say, however, many ALJs are far too eager to take shortcuts, especially when they have preemptively decided to deny a disability claim. Consider a recent decision by the U.S. Seventh Circuit Court of Appeals here in Chicago. A 67-year old man first applied for Social Security disability benefits five years ago. The plaintiff, a military veteran and former insurance agent, told Social Security he has been unable to work since 2011 due to a variety of severe impairments, including “his spinal arthritis, hip and knee pain, and impaired hearing.”
Can I Receive Disability Benefits if I Suffer From Major Clinical Depression?
Depression is often overlooked as a disability. However, depression is one of the most common mental impairments cited by Social Security disability applicants. Depression is not simply “feeling sad.” It is a serious mood disorder that often renders victims unable to cope with the daily stresses of the workplace. In many cases, disability is simply one of several ailments that limit an applicant's ability to work or live his or her daily life.
Magistrate Orders 4th Disability Hearing for Illinois Woman With Depression
Sadly, getting Social Security to take depression as a disability seriously remains an uphill struggle for too many applicants. For example, a federal magistrate in Illinois recently ordered Social Security to conduct a new hearing for a woman suffering from depression who first applied for disability benefits nearly 10 years ago. In fact, this will be the fourth such hearing for the plaintiff, who has been unable to work since 2004 due to her depression and other impairments.
Am I Legally Disabled if I Suffered Multiple Strokes?
Strokes are one of the leading causes of long-term disability in the United States, according to figures published by the Centers for Disease Control and Prevention. About 795,000 Americans suffer a stroke each year—and roughly 25 percent of those individuals have had at least one previous stroke. Overall, the CDC estimates strokes cost the United States about $34 billion annually in health care services and lost productivity.
Federal Appeals Court Rejects Social Security's Findings on Disability Applicant's Need for Cane
In many cases, stroke victims are left unable to work and may qualify for Social Security disability benefits. These cases pose a special challenge for disability claimants, since the long-term and residual effects of a stroke are not always as readily ascertainable as other kinds of impairments. Social Security administrative law judges (ALJs) also have an unfortunate habit of going out of their way to minimize a stroke victim's disability as a pretext for denying benefits.
You are not alone. Call now for a FREE consultation 312-999-0999
Unable to travel to my office? No problem! No office visit required.
