Posted on September 08,2017 in Social Security Disability

According to the National Institutes for Health, there are about 240,000 Americans who suffer from lupus, a “serious and potentially fatal diseases” that affects a person's autoimmune system. Lupus can lead to the inflammation of multiple organs and bodily systems, including the skin, kidneys, heart, lungs, and brain.

While lupus is often difficult to diagnose—as its symptoms can be mistaken for other ailments—the most “distinctive sign” of the disease is a “facial rash that resembles the wings of a butterfly unfolding across both cheeks,” according to the Mayo Clinic.

In certain cases, “systemic lupus” may qualify a person for Social Security Disability Insurance benefits. Social Security's own listing of impairments states that a person is considered legally disabled if his or her lupus affects at least two organs or body systems and causes at least two of the following symptoms: severe fatigue, fever, malaise, or involuntary weight loss.

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 Posted on August 25,2017 in Denied Social Security Benefits

Applying for Social Security Disability Insurance often puts people in a Catch-22 situation. They are physically unable to work full-time anymore. But on the other hand, they usually lack the financial resources to support themselves without some source of income. And given that it often takes years to resolve a disability claim, some applicants are pushed into part-time work that, paradoxically, may be used as a pretext by Social Security for denying benefits.

Social Security Criticized for Rejecting Disability Claim Due to Part-Time Produce Stand Work

Consider a recent Illinois disability case. The applicant was 50 years old when she could no longer work as a bartender and cook due to osteoarthritis and other medical impairments. That was more than seven years ago. To help make ends meet in the interim, the applicant worked three days a week at a friend's produce stand. The friend made significant accommodations, only requiring the applicant to do simple things like unpack tomatoes and take telephone orders.

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 Posted on August 18,2017 in Social Security Disability

You have probably heard the old proverb, “A man who is his own lawyer has a fool for a client.” It may sound harsh, but representing yourself in any kind of legal proceeding is a bad idea. This is especially true when applying for Social Security Disability Insurance benefits. Disability cases often take many years and can require several hearings (and appeals) to resolve in your favor. Due to the heavily fact-specific nature of disability proceedings, an attorney is not just optional but critical to your success.

Unrepresented Disability Claimant Gets Second Chance

However, if for some reason you do appear at a disability hearing without representation, the administrative law judge (ALJ) presiding over your case still has a legal obligation to give you a fair hearing. Indeed, the U.S. Seventh Circuit Court of Appeals, which has appellate jurisdiction over all disability cases in Illinois, has expressly said that an ALJ “has a heightened duty to make sure that the record is developed when a claimant is unrepresented.” Among other things, this means an ALJ must be proactive in asking you questions about your disability and contacting medical professionals who have treated you or reviewed your records.

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 Posted on August 11,2017 in Social Security Disability Medical Conditions

Schizophrenia and related psychotic disorders are often misunderstood. While such impairments are recognized disabilities, Social Security officials may be dismissive of disability applicants who present medical evidence of mental disorders. Indeed, they may even go so far as to claim an applicant is “malingering” or fabricating symptoms just to receive disability benefits.

Judge Orders New Hearing for Disability Applicant With Schizophrenia

Still, Social Security administrative law judges are not there to “play doctor” and self-diagnose the applicant's mental health. Rather, their legal function is to assess and weigh the medical evidence presented to determine if the applicant qualifies for disability. Additionally, if the ALJ fails to do that, a federal judge or magistrate may order a rehearing.

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 Posted on August 04,2017 in Denied Social Security Benefits

One of the critical steps in reviewing a claim for Social Security Disability Insurance benefits is assessing the type of jobs that an applicant might still be able to perform when taking into account his or her medical impairments. To conduct this analysis, a Social Security administrative law judge (ALJ) will pose a hypothetical residual functional capacity (RFC) scenario to a vocational expert. The expert will then offer an opinion on what jobs, if any, a person with the hypothetical RFC could do.

Chicago Court Questions Source of “10 Percent” Conjecture

Obviously, a lot hinges on how the ALJ poses the RFC to the expert. And it should go without saying that applicants are not “hypothetical” scenarios. They are living, breathing people with documented medical histories. Unfortunately, many ALJs disregard this in an attempt to short-circuit a disability claim by inventing scenarios designed to obtain a particular response from the expert.

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 Posted on July 26,2017 in Social Security Disability

Mental impairments can be difficult to correctly diagnose. For instance, a traumatic brain injury may not manifest any immediate symptoms, and it could take several months to fully understand a patient's long-term prognosis. This can have a significant impact on a mentally impaired individual's ability to seek and receive Social Security Disability Insurance benefits. Agency officials often try to minimize or outright dismiss evidence that an applicant is not mentally capable of holding down a full-time job.

7th Circuit Orders New Hearing for Ex-Waitress Suffering From Seizures

The U.S. Seventh Circuit Court of Appeals here in Chicago recently addressed such a case. The applicant in this case previously worked as a waitress. Seven years ago, she “fell down a flight of stairs and suffered a brain hemorrhage,” according to court records. The applicant also suffered from several prior mental impairments related to depression and substance abuse.

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 Posted on July 19,2017 in Social Security Disability

If you are applying for Social Security Disability Insurance benefits, it is critical that you do not attempt to mislead the agency officials reviewing your case. Social Security administrative law judges (ALJs) are eager to seize any statements that may undermine your credibility and thus provide a basis for denying benefits. Even a seemingly unimportant inconsistency in your testimony can prove fatal to your claim.

Federal Court Denies Applicant New Hearing

A recent decision by the U.S. Seventh Circuit Court of Appeals here in Chicago offers a cautionary tale. The applicant in this case sought disability benefits in 2012, shortly after she lost her job as an assembly line worker. She claimed to have a number of medically documented impairments, including depression, obesity, and sleep apnea.

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 Posted on July 12,2017 in Social Security Disability

In any Social Security Disability Insurance case, the expert opinions and medical records provided by the applicant's treating physicians are critical. Obviously, no one knows an applicant's medical history better than his or her own doctors. And while Social Security is not required to find an applicant is disabled based solely on a treating physician's records and notes, the agency must give a sufficient explanation for discounting or disregarding such evidence in making a final determination.

Magistrate Criticizes Social Security for “Abstract,” Baseless Conclusions

What a Social Security administrative law judge (ALJ) cannot do, however, is ignore a treating physician's medical opinion simply because he or she disagrees with it. Yet there are many cases where an ALJ, having already made up his or her mind to deny disability benefits, goes looking for any excuse to discredit the treating physician's contrary conclusions. This goes against the letter and the spirit of Social Security regulations, and federal courts are quick to point this out when applicants appeal decisions denying benefits.

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 Posted on July 05,2017 in Social Security Disability

Alcohol and drug addiction are serious mental disorders that can be fatal if left untreated. According to the Illinois Department of Human Services, over 5,500 Illinois residents die every year as a direct or indirect result of addiction. Thousands more suffer with physical dependence or withdrawal symptoms.

Neither alcohol nor drug addiction are considered disabilities by the Social Security Administration. In fact, you can be denied disability benefits if Social Security determines that quitting alcohol or drug use would improve your medical condition to the point that any other impairments you have are no longer disabling.

However, if you can prove that your impairment would continue regardless of whether you stopped using alcohol or drugs, then Social Security cannot use your addiction as grounds for rejecting your disability claim.

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 Posted on June 30,2017 in Social Security Disability

Painkiller abuse is a serious problem for many Illinois residents. Individuals with no prior history of drug abuse find themselves suddenly addicted to powerful opioids following surgery. In many cases, the inability to properly manage pain may leave a person unable to work and eligible for Social Security Disability Insurance benefits.

Social Security Judge “Misrepresented” Applicant's Medical History

Unfortunately, some Social Security officials may twist a disability applicant's struggle with painkillers into an excuse to deny benefits. This appears to be what happened in one recent Illinois case. A federal magistrate said a Social Security administrative law judge (ALJ) “misrepresented” the medical opinions of an applicant's treating physician and “made an impermissible leap of logic” regarding the applicant's pain management regimen.

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