Posted on March 29,2016 in Social Security Disability Medical Conditions

In a previous post, we explained the clinical and legal definitions of major depressive disorder, a serious mental health condition that may qualify a person for Social Security Disability Insurance benefits. Today, we will look at how Social Security officials are required to assess depression and related mental health impairments in actually reviewing a claim for disability benefits—specifically, how major depressive disorder actually affects an applicant's ability to work.

Depression and Residual Functional Capacity

A person will not receive Social Security disability benefits simply because he or she suffers from depression. Social Security officials conduct a five-step analysis to determine whether an impairment (or combination of impairments) renders the applicant disabled. The fourth step requires an “assessment of your residual functional capacity and your past relevant work.” In other words, Social Security must determine whether or not you could return to your prior line of work despite the fact you suffer from major depressive disorder.

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 Posted on March 24,2016 in Social Security Disability

Attorney Jonathan L. Pearson, managing attorney at Pearson Disability Law, LLC announces the opening of four new Chicago area law offices.

The new office locations are in Downers Grove at 1431 Opus Place, Suite 110; in Evanston, at 1603 Orrington Avenue, Suite 600; in Orland Park at 15255 S. 94th Avenue, 5th Floor; and in Schaumburg at 1821 Walden Office Square, Suite 400.

Pearson Disability Law, LLC is dedicated to helping individuals obtain Social Security disability benefits. The firm provides personalized and skilled representation to every client with all aspects of Social Security disability claims, regardless of the complexity of their case or where they are in the complex application process.

Chicago Social Security Disability Attorney Jonathan L. Pearson obtained his B.A. from the University of Delaware and went on to obtain his J.D. from the New England School of Law in Boston. He is an active member of the Chicago Bar Association, the DuPage County Bar Association, and the National Organization of Social Security Claimants’ Representatives (NOSSCR).

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 Posted on March 22,2016 in Social Security Disability Medical Conditions

Social Security Disability Insurance benefits are not just for individuals who suffer from physical impairments. The Social Security Administration recognizes a wide range of mental disorders. This includes major depressive disorder, perhaps more commonly known as clinical depression. Over the next few posts on this blog, we will be looking more in-depth at how depression can affect you and your eligibility for Social Security Disability benefits. [Update: Parts two, three, and four are now posted.]

What Is Depression?

The National Institute of Mental Health (NIMH) defines clinical depression as a “common but serious mood disorder” that produces a number of “severe symptoms” that affect a person's daily life. While many symptoms are not serious in and of themselves—for example, feeling sad or irritable—if they persist for more than two weeks, they may be signs of major depressive disorder. Here are just some of the symptoms of depression identified by NIMH:

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 Posted on March 15,2016 in Social Security Disability Medical Conditions

Even in the Internet age, government officials often rely on outdated and inaccurate information when assessing a claim for Social Security Disability Insurance benefits. A common problem in disability cases is deciding what jobs an applicant might be able to perform despite their medical impairments. Social Security relies on “vocational expert” testimony to make such determinations. But as federal courts in Illinois have pointed out time and again, much of this testimony is based on a flawed methodology.

Social Security Improperly Rejects “Less Disabled” Applicant's Claim

The U.S. Seventh Circuit Court of Appeals in Chicago has repeatedly criticized Social Security on this subject. The court's most recent attack came in a February 17 decision ordering the agency to reconsider a disability applicant's case. The applicant had a “long history of disabilities,” according to the court, dating as far back as 1998. Yet even after three knee surgeries and continued complaints about “severe pain,” a Social Security administrative law judge (ALJ) ruled the applicant was not eligible for disability benefits.

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 Posted on March 09,2016 in Denied Social Security Benefits

In assessing a claim for Social Security Disability Insurance benefits, agency officials are required to seek out expert medical advice. Social Security administrative law judges (ALJs) are not supposed to substitute their own non-expert judgment when it comes to medical matters. Yet, too often, ALJs still try to “play doctor,” which forces applicants to spend time and money pursuing appeals through the court system.

Chicago Court Orders New Disability Hearing for Grandmother Who Needs Hip Replacement

In one recent case, the U.S. Seventh Circuit Court of Appeals in Chicago ordered Social Security to reconsider an applicant's claim for disability benefits after the ALJ brazenly refused to consider certain medical evidence. The applicant was a 56-year-old woman who suffered from “chronic back and hip problems.” In March 2011, the applicant's treating physician examined her and found she “walked with a hunch, had a restricted range of motion in her lumbar region, could not stoop or squat, had difficulty walking heel-to-toe, and had difficulty both rising from a sitting position and getting off the examination table.”

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 Posted on February 23,2016 in Need to Apply for Social Security Disability

Unemployment insurance is designed to provide temporary benefits to people who are currently out of work but still looking for a job. In contrast, Social Security Disability Insurance provides for individuals who are no longer able to work due to one or more medical impairments. While these are distinct benefit programs, there are cases where a person may initially apply for unemployment but later seek disability benefits. Social Security officials often look at this as evidence an applicant is not really disabled, but courts in Illinois have cautioned this is often an erroneous conclusion.

Social Security Failed to Consider “Progressive” Nature of Applicant's Disabilities

Here is a recent example. A man applied for Social Security Disability benefits, citing among other impairments, “stiffness and pain in his shoulders, knees, hands, and lower back, as well as prostate cancer.” A Social Security administrative law judge (ALJ) denied the application, in large part due to her finding the applicant's testimony regarding his impairments were “not credible.” The applicant appealed the ALJ's decision.

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 Posted on February 16,2016 in Need to Apply for Social Security Disability

About six percent of Illinois workers are unemployed, according to the most recent statistics from the Illinois Department of Employment Security. If you lose your job because your employer goes out of business, does this mean you are no longer eligible for Social Security Disability Insurance benefits? Not at all. Disability benefits are based on an employee's “last date insured.” For most workers, this means you must have been employed within the last five years. So if you last worked in 2012, you remain eligible for disability benefits until 2017 regardless of whether your former employer is still in business.

Judge Says Social Security “Patently Wrong” About Truck Driver's Medical History

Unfortunately, some Social Security officials may improperly try to use the closing of an employee's former company as an excuse to deny benefits. Here is a recent Illinois case that illustrates this problem. The applicant was a truck driver who last worked in 2010, when his employer filed for bankruptcy and went out of business.

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 Posted on February 09,2016 in Already Applied for Disability Benefits

When you apply for Social Security Disability Insurance benefits, there is typically a hearing before an administrative law judge (ALJ), an agency official charged with reviewing your medical history and case file. At this hearing, you may give testimony regarding your disability and how it prevents you from working. The ALJ's assessment of your credibility is one factor in deciding whether or not you are eligible for benefits.

But what if your medical condition makes you unable to testify? Can the ALJ simply decide you lack credibility because you were prevented from attending the hearing in person? A recent Illinois case illustrates how Social Security may handle (or not handle) such situations.

ALJ Improperly Rejects Credibility of Applicant Who Never Testified

The applicant in this case way an Illinois woman in her early 20s who suffers from asthma. The applicant told her treating physician that she “has frequent asthma attacks lasting from 30 minutes to sometimes 24 hours, as many as three to four times a week.” And during the three-year period prior to her Social Security disability hearing, the applicant “frequently sought emergency room treatment for her asthma.”

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 Posted on February 02,2016 in Already Applied for Disability Benefits

An often overlooked issue when assessing an application for Social Security Disability Insurance benefits is the claimant's history of prescription medication use. A disabled individual may need to take several medications daily in order to achieve a minimal amount of daily function. Social Security officials are supposed to take an applicant's medication regimen into account when assessing a disability claim. However, there are many cases where this issue is overlooked or dealt with improperly.

For example, in a 2009 case, the U.S. Seventh Circuit Court of Appeals chided a Social Security administrative law judge (ALJ) for rejecting a disability applicant's testimony regarding her pain as lacking credibility “because she had not reported any side effects from her medications.” The Seventh Circuit said it is “skeptical that a claimant's failure to identify side effects undermines her credibility” because medications affect each individual differently. And in that particular case, the applicant actually did report a significant side effect that the ALJ simply ignored.

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 Posted on January 26,2016 in Already Applied for Disability Benefits

There are two critical factors to consider in a claim for Social Security Disability Insurance benefits: The credibility of the applicant and the medical opinions of his or her treating physician. If a Social Security administrative law judge (ALJ) denies a disability claim, he or she must explain why the applicant or physician's testimony lacks credibility. It is not simply a matter of the ALJ rejecting such testimony arbitrarily or capriciously.

Court Rejects Medical Testimony Based Solely on “Subjective Complaints”

The Seventh Circuit Court of Appeals, which reviews disability appeals from Chicago and throughout Illinois, recently addressed the issues of applicant and physician credibility in upholding Social Security's decision to deny benefits. The applicant in this case is a 56-year-old man with a long history of performing manual labor. Beginning in 2009, the applicant has been under a physician's care due to “persistent complaints of pain in his right shoulder.” In 2010 he aggravated the injury while at work and required surgery. The applicant was also subsequently diagnosed with Type II diabetes.

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