Posted on August 23, 2016 in Denied Social Security Benefits

Social Security Disability claims often take years to resolve. It does not help matters any when Social Security officials ignore directives from federal courts to reconsider a prior erroneous decision to deny an applicant benefits. Unfortunately, this is a problem that many disability applicants continue to face in Illinois and throughout the country.

Chicago Appeals Court Orders Third Hearing for Applicant With Severe Depression

To illustrate how serious this problem has become, the U.S. Seventh Circuit Court of Appeals in Chicago recently admonished Social Security for failing to follow one of its prior decisions in a disability case that started more than 12 years ago. This particular case comes from Indiana, but the Seventh Circuit has jurisdiction over all disability cases from Illinois as well, making this decision pertinent to anyone living in this state.

Continue Reading ››

 Posted on August 19, 2016 in Social Security Disability

Chicago Social Security Disability Lawyer Jonathan L. Pearson of Pearson Disability Law, LLC announces the firm’s new FAQ video series.

CHICAGO, IL (PRWEB) AUGUST 17, 2016

Pearson Disability Law, LLC located in Chicago, Illinois, is pleased to announce the launch of its new video program. The firm has launched a series of FAQ videos aimed to provide insight on the Social Security application process.

The first video to be released touches on the issue of how long the Social Security process takes. Attorney Jonathan Pearson explains that applying for Social Security disability can be a lengthy process from start to finish, and unfortunately there is not much a lawyer can do to speed up the process. An average case can take up to two years to complete. Pearson explains that since so many individuals are applying for social security across the country the system is overwhelmed and understaffed to handle the influx of applications.

Continue Reading ››

 Posted on August 16, 2016 in Social Security Disability

Social Security Disability Insurance claims are frequently rejected on the first attempt, not because an applicant fails to present evidence that he or she has a disability and is medically unable to work, but because Social Security officials simply ignore that evidence. Federal courts frequently criticize Social Security for “cherry picking” evidence designed to support a predetermined outcome—i.e., a decision denying the applicant’s claim for disability benefits. But no matter how often Social Security is called out for this illegal behavior, it does not seem to deter them.

Judge Criticizes Social Security Official’s “Nonsensical” Reasons for Denying Disability Claim

Consider a recent disability case from here in Illinois. The applicant was a woman currently in her early 50s. She previously worked in a plastics factory. In 2010 she injured her back and was laid off a few months later. The applicant had also suffered from a series of mental health issues that predated her back injury.

Continue Reading ››

 Posted on August 09, 2016 in Social Security Disability

Social Security officials recently issued revised guidelines for assessing disability benefits claims. Previously, Social Security instructed its administrative law judges to weigh the “credibility” of a disability applicant’s statements regarding their symptoms. Far too often, this led ALJs to summarily reject disability claims because they did not want to believe—or in many cases, they did not like—the applicant.

Under the new guidelines, which took effect at the end of March, ALJs are no longer allowed to consider “credibility,” but rather must limit their inquiry to examining the “intensity and persistence” of the symptoms presented by the applicant. As a federal appeals judge recently explained, “The change in wording is meant to clarify that administrative law judges aren’t in the business of impeaching claimants’ character.” Instead, the ALJ is restricted to assessing credibility in the context of medical statements, such as an applicant’s complaints about pain.

Continue Reading ››

 Posted on July 26, 2016 in Denied Social Security Benefits

An intellectual disability can leave a person just as unable to work as a physical impairment or chronic illness. In many cases a person with a low IQ or who otherwise demonstrates “subaverage general intellectual functioning” may qualify for Social Security Disability Insurance or Supplemental Security Income benefits. But as is often the case with disability claims, Social Security officials tend to disregard evidence of an applicant’s intellectual impairments in a rush to deny benefits.

Social Security Thinks Adult With “Fourth Grade” Education Capable of Full-Time Work

In a recent case, the U.S. Seventh Circuit Court of Appeals in Chicago ordered Social Security to reconsider the disability claim of a woman in her 20s who suffers from a “serious intellectual disability.” According to the applicant’s mother, she has had severe learning difficulties since she was a toddler. The applicant’s IQ is believed to be between 70 and 75. (Social Security guidelines consider an IQ below 60 as absolute proof of an intellectual disability.)

Continue Reading ››

 Posted on July 19, 2016 in Already Applied for Disability Benefits

In a Social Security Disability case, your most important ally is often your treating physician, the person who understands your medical history the best. While a treating physician’s expert opinion is not enough, in and of itself, to qualify you for disability benefits, it is almost impossible to prevail before Social Security without such medical evidence. And even if your doctor can attest as to your medical impairments and how they render you unable to work, Social Security may still choose to ignore that evidence in favor of analysis by doctors who never even examine you at all.

Social Security Ordered to Reconsider Case After Giving “No Weight” to Treating Physician

In any Social Security disability case, state agency doctors will review your medical records and present their analysis to the administrative law judge (ALJ) in charge of deciding the applicant’s claim. It is not uncommon for the state agency doctors to reach a different conclusion about the applicant’s medical condition than his or her treating physician. While the ALJ has the discretion to decide which opinions to accept or reject, Social Security officials cannot simply refuse to consider a treating physician’s opinion just because it happens to conflict with that of the state agency doctor.

Continue Reading ››

 Posted on July 12, 2016 in Need to Apply for Social Security Disability

Supplemental Security Income (SSI) is a program administered by the Social Security Administration that is intended to assist disabled individuals with little or no income. SSI is not the same thing as Social Security Disability Insurance (SSDI). SSDI is, as the name implies, an insurance program into which workers pay. In contrast, SSI is a welfare program funded by general tax revenues. SSI is similar to SSDI, however, in that both programs require Social Security to assess whether an applicant is “disabled” and therefore unable to work.

Applicant Suffering From Fibromyalgia Entitled to New SSI Hearing

SSI applicants often face hostility from Social Security officials who choose to ignore medical evidence of disability in order to justify denying benefits. Recently the U.S. Seventh Circuit Court of Appeals in Chicago ordered Social Security to reconsider one SSI applicant’s claim for benefits after an administrative law judge simply disregarded medical evidence. This particular SSI case has been pending for more than five years, and this appears to be at least the third time that Social Security will have to review the matter.

Continue Reading ››

 Posted on July 05, 2016 in Denied Social Security Benefits

Applying for Social Security Disability Insurance is not a quick or simple process. It often takes an applicant years to start receiving disability benefits. For someone who is physically or mentally unable to work, this extended waiting period can prove to be a significant financial hardship. Some applicants may even try looking for work or filing for unemployment benefits just to try and make ends meet while the Social Security Administration considers their case. But can such actions actually hurt their case for disability benefits?

Social Security Must Reconsider Applicant’s Financial Situation

In a recent case from here in Illinois, Social Security officials cited an applicant’s decision to seek and collect unemployment benefits as evidence that she lacked credibility. Based in large part on this credibility determination, Social Security denied her claim for disability benefits. But on appeal, a federal magistrate reversed that decision and ordered Social Security to reconsider the applicant’s case.

Continue Reading ››

 Posted on June 28, 2016 in Social Security Disability Medical Conditions

Mental disorders often present special challenges for individuals seeking Social Security Disability Insurance benefits. Social Security officials often downplay the functional limitations of individuals suffering from conditions like depression and post-traumatic stress disorder (PTSD). Yet Social Security’s own guidelines expressly require officials to take a number of factors into consideration when assessing an applicant’s ability to work with a mental disorder. These factors include limits on the applicant’s “social functioning” as well as his or her “concentration, persistence, or pace” and the “ability to tolerate increased mental demands associated with competitive work.”

Social Security Ignores Evidence of Vietnam Vet’s Mental Concentration Problems

Here is a recent Illinois case that illustrates how Social Security can fail to follow its own guidelines. The applicant in this case was a 59-year-old Vietnam War veteran who was diagnosed with PTSD and severe depression. In addition to suffering from anxiety attacks and problems controlling his anger, the applicant said testified before Social Security that “he had trouble concentrating and as a result he had difficulty looking long-term and constructing the future in his mind.” As a result of his mental disorders, the applicant said “he could no longer cope with changes and difficulties in the workplace.”

Continue Reading ››

 Posted on June 21, 2016 in Denied Social Security Benefits

The federal government recently issued revised guidelines for Social Security Disability insurance cases. Historically, Social Security instructed its administrative law judges (ALJs) to assess a disability applicant’s “credibility” in evaluating his or her symptoms. This has frequently led to ALJs disregarding medical evidence of a disability simply because they chose not to believe (or simply did not like) the applicant.

However, under a new Policy Interpretation Ruling that took effect in March, Social Security is now directing ALJs to “limit their evaluation to the [applicant’s] statements about his or her symptoms and the evidence in the record that is relevant to the individual's impairments.” In other words, the ALJ should no longer use a disability evaluation to “assess an individual’s overall character or truthfulness in the manner typical during an adversarial court litigation.” The ALJ’s sole function is to assess the quality of the medical evidence.

Continue Reading ››