Posted on January 19, 2017 in Denied Social Security Benefits

The most important factor to remember when applying for Social Security Disability Insurance benefits is to be honest. You gain nothing by lying about or exaggerating your medical condition. Social Security is hard enough on people who are honest and can document their disability claims in great detail. If you attempt to mislead Social Security, it will only come back to haunt you.

Newspaper Article Raises Concerns About Disability Claim

Recently, one Illinois man learned this lesson the hard way. The man applied for Social Security benefits in 2012, alleging he had been disabled and unable to work since 2007. A Social Security administrative law judge (ALJ) actually agreed the applicant was disabled and awarded him benefits retroactive to March 2013.

The applicant still appealed that decision, arguing he was entitled to benefits as of no later than December 2012. A federal magistrate judge reviewed the case and ultimately rejected the applicant's appeal. The magistrate said “substantial evidence” supported the ALJ's calculation of the March 2013 disability date.

Continue Reading ››

 Posted on January 12, 2017 in Social Security Disability

There are a number of heart-related medical conditions that may qualify you for Social Security Disability Insurance benefits. Congestive heart failure, heart muscle disease (cardiomyopathy), and chronic obstructive pulmonary disease (COPD) can all limit a person's ability to maintain full-time employment. Other medical impairments, such as obesity and hypertension, may further aggravate existing heart conditions even if they do not independently qualify as disabilities.

Federal Court Cites Multiple Errors in Social Security Denial

As with any disability, it is essential to provide Social Security with reliable medical evidence documenting your conditions and any treatments you received. Even with such evidence, many Social Security officials will look for any reason to discredit your case and deny benefits. This can lead to an extended appeals process just to get Social Security to treat you fairly.

Continue Reading ››

 Posted on January 05, 2017 in Social Security Disability

If you are applying for Social Security Disability Insurance benefits, it is critical to present medical evidence demonstrating the extent of your impairments. The testimony and opinions of your regular physician is especially important. Social Security officials in Illinois are supposed to follow the Treating Physician Rule. This Rule states a treating physician's opinion regarding a disability applicant's medical condition must be given “controlling weight” if it is “supported by medical findings and not inconsistent with other substantial evidence in the record.”

The Treating Physician Rule means that Social Security can only discount or ignore your doctor's opinions if there are “good reasons” to do so. According to the U.S. Seventh Circuit Court of Appeals, which has jurisdiction over all disability-related appeals from Illinois, there are five factors Social Security must consider in determining if good reasons exist:

Continue Reading ››

 Posted on December 29, 2016 in Social Security Disability

Social Security disability benefits provide desperately needed income to individuals who are unable to work. Unfortunately, many people find that what the federal government gives, it can also take away. Specifically, many Social Security disability recipients have seen their benefits reduced to pay off pre-existing student loan debts.

GAO Finds Elderly Disability Recipients Still Paying Off Loans

The federal government guarantees student loans through a number of programs administered by the U.S. Department of Education. One consequence of these guarantees is that student loan debt is very difficult to eliminate. Unlike most consumer debts, student loans generally cannot be discharged in bankruptcy. Additionally, even when the debtor is on disability and living below the poverty line, the government may still take action to collect loan payments.

Continue Reading ››

 Posted on December 19, 2016 in Social Security Disability

It is not unusual for a person seeking Social Security Disability insurance benefits to appear before multiple hearings. Federal courts often order Social Security to reconsider an earlier denial of disability benefits based on an incorrect application of the law. Unfortunately, in many cases, Social Security does not get this message the first—or second or third—time around.

Disability Applicant Gets Fourth Hearing Following Social Security Misconduct

Indeed, one Illinois man recently will receive a fourth hearing before Social Security after a federal judge—for the third time—reversed the agency's denial of benefits. Not surprisingly, the judge, in this third appeal, said the main problem was that Social Security failed to follow the court's orders from the prior appeals.

The applicant's saga began nearly 10 years ago when he sustained a back injury at work. The injury produced chronic pain. Over the next year, a neurosurgeon regularly assessed and treated the applicant. The neurosurgeon concluded the applicant was “unemployable and disabled” and suggested spinal fusion surgery. Other physicians disputed the surgery diagnosis, but they confirmed the applicant suffered from severe chronic pain.

Continue Reading ››

 Posted on December 13, 2016 in Social Security Disability

There is an old saying that “the cure is worse is than the disease.” For individuals suffering from a variety of medical ailments, that often feels true. In fact, there are many cases where a person who requires frequent, persistent medical care is simply unable to hold a full-time job. In such circumstances a person may be eligible for Social Security Disability Insurance benefits.

Judge Orders Social Security to Reconsider Illinois Man's Case

Of course, Social Security is often unsympathetic to the plights of disability applicants, even those with a long documented history of medical care. Consider a recent Illinois case. The applicant is a 54-year-old man who previously worked as an auto glass installation specialist. Among other ailments, the applicant suffers from frequent migraines and hypogammaglobulinemia.

Continue Reading ››

 Posted on December 06, 2016 in Need to Apply for Social Security Disability

Post-traumatic stress disorder (PTSD) is a common affliction that affects approximately 8 percent of the U.S. population. Not surprisingly, PTSD is even more common among members of the U.S. military. According to the U.S. Department of Veterans Affairs, between 11 and 20 percent of combat veterans who served during the Vietnam, Gulf War, and Iraqi conflicts have been diagnosed with PTSD. In many cases, the VA provides disability benefits for veterans diagnosed with PTSD related to their military service.

Social Security Ignores Evidence of Iraqi Veteran's PTSD

But what about Social Security Disability Insurance benefits? Unfortunately, our nation’s veterans often fare no better than civilians when dealing with the Social Security Administration. In one recent Illinois case, for example, a federal magistrate criticized Social Security for ignoring medical evidence of a veteran's PTSD.

Continue Reading ››

 Posted on November 28, 2016 in Denied Social Security Benefits

The Social Security Administration recently announced it would no longer assess the “credibility” of applicants as part of the process of awarding disability benefits. In far too many cases, Social Security administrative law judges (ALJs) have used “credibility” as a pretext for rejecting valid disability claims.

Under the SSA's revised regulations, ALJs are now instructed to look at the credibility of specific claims made by applicants—such as the fact they suffer from crippling pain—rather than trying to impeach the applicant's overall character.

Social Security Ordered to Reconsider Gunshot Victim's Disability Case

Even with these new rules in place, there are a number of cases decided under the prior “credibility” standard still under review by Illinois courts. In one such recent case, a federal magistrate ordered Social Security to reconsider the “patently wrong” decision by an ALJ to deny an applicant's claim for disability benefits.

Continue Reading ››

 Posted on November 18, 2016 in Social Security Disability Medical Conditions

When assessing your claim for Social Security Disability insurance benefits, agency officials are required to examine your entire medical record. It is not Social Security's job to “play doctor” and interpret medical records without the benefit of expert analysis—i.e. the opinions of physicians who have either treated you personally or reviewed your file. Nevertheless, some Social Security administrative law judges (ALJs) ignore the law and simply disregard those parts of an applicant's medical file that stands in the way of denying their claim.

Social Security Ordered to Consider Disability Application a Third Time

A recent example from here in Illinois illustrates this scenario. The applicant is a woman in her mid-50s who suffers from chronic back pain, obesity, and asthma, among other ailments. She applied for Social Security disability benefits, claiming she was no longer able to work due to her impairments. As part of the disability review process, the ALJ hearing the case asked a medical expert to review the applicant's medical history.

Continue Reading ››

 Posted on November 11, 2016 in Social Security Disability

The new year will bring more than a change of presidential administrations. On January 1, 2017, new program rates and limits for individuals receiving Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits will take effect. Although these increases are relatively modest, they will still help millions of Americans who rely on government benefits as their primary income source.

A Small Increase in Disability Benefits

By law, Social Security officials must adjust benefit rates and limits annually based on the Consumer Price Indexes (CPI). The CPI is a program run by the U.S. Department of Labor that measures the month-to-month changes in the “prices paid by urban consumers for a representative basket of goods and services.” It is essentially a broad measure of inflation in the U.S. economy.

Continue Reading ››