Posted on August 16, 2021 in Denied Social Security Benefits

There are multiple different types of health conditions that a person may experience that may affect their ability to provide for themselves. In addition to conditions that affect a person’s physical health and capabilities, a variety of mental conditions can impact a person’s ability to work. These include intellectual disabilities that place limitations on the types of work a person can perform. A person who suffers from a condition that is considered a disability may be able to apply for Social Security disability benefits. One issue that can play a role in these cases is a person’s ability to maintain the proper concentration, persistence, or pace while working.

Magistrate Overrules Denial of Benefits Based on Failure to Consider Concentration, Persistence, or Pace

One recent case that was addressed in Illinois courts illustrates how concentration issues may be considered when determining eligibility for Social Security disability benefits. In the case of David N. v. Commissioner of Social Security, the plaintiff appealed the denial of Social Security disability benefits by an Administrative Law Judge (ALJ), stating that the ALJ did not include limitations related to concentration, persistence, or pace when assessing the plaintiff’s residual functional capacity (RFC).

Continue Reading ››

 Posted on July 12, 2021 in Social Security Disability Medical Conditions

There are many different types of health conditions that may allow a person to qualify for Social Security disability benefits. While physical illnesses and injuries are the most common reasons that a person may need disability benefits, mental health issues can also drastically affect a person’s ability to perform work and maintain employment. Those who suffer from disabling mental health conditions will need to understand the requirements they will need to meet to be considered disabled and receive benefits through Social Security.

Mental Disorders Recognized by Social Security

The Social Security Administration uses a “listing of impairments” that details different types of conditions that are considered to be disabilities. Mental disorders are one category that is included in this listing, and there are multiple different types of mental health issues that are recognized, including:

Continue Reading ››

 Posted on June 03, 2021 in Social Security Disability Medical Conditions

There are many different types of health conditions that can limit a person’s ability to provide for themselves. If a person’s illness or health issues prevent them from working and earning an income, they may be able to receive Social Security disability benefits. Cancer is a disease that can significantly affect a person’s health and well-being. In addition to suffering from the effects of the disease, treatment such as surgery or chemotherapy can impact a person’s condition and contribute to their disabilities. Those who have been diagnosed with cancer will want to determine whether their condition will qualify them for Social Security disability. With the assistance of an attorney, they can ensure that they follow the correct steps when applying for disability benefits.

Forms of Cancer Included in the Listing of Impairments

Social Security maintains a “listing of impairments” that specifies certain health conditions that are considered to be disabilities. This listing includes multiple types of cancer, such as:

Continue Reading ››

 Posted on May 07, 2021 in Social Security Disability

Life can be difficult for many people who have disabilities. One of the ways the government helps those people is by providing financial assistance through the Social Security Administration (SSA). There are two programs that the SSA runs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs get thousands of applications each year, but not everyone is approved. In some cases, the information provided at the time they applied was either incorrect or not sufficient to allow them to begin collecting benefits. When applying for either program, it is important that you have all of the required information organized and prepared.

Personal Information

First, the SSA will want to know all of your personal information. This would include things like your name, social security number, and place of birth. If you have ever been in the military, they want to know what branch you were in and your dates of enlistment and discharge. They will also want to know whether or not you have a spouse or any children. If you do, they will want their identifying information, including their date of birth and social security numbers. If you were married and/or divorced, you should know the dates of those events.

Continue Reading ››

 Posted on April 23, 2021 in Denied Social Security Benefits

There are multiple different types of conditions that can affect a person’s ability to work and earn an income. Fortunately, Social Security disability benefits can provide much-needed financial assistance in these cases. However, disability claims may be denied for a variety of different reasons. When appealing a denial of disability benefits, a person’s case will be reviewed by an Administrative Law Judge (ALJ). The ALJ may consider multiple different forms of evidence when determining whether a person is disabled, and one issue that they may consider is whether the daily activities a person performs demonstrate that they are or are not disabled.

Magistrate Overturns ALJ’s Decision Based on Improper Consideration of Subjective Symptoms

A recent decision in Illinois courts illustrates the role that a person’s daily activities may play in an ALJ’s determination of whether a person is disabled. In the case of Steven L. v. Saul, the plaintiff was a 49-year-old man who suffered from chronic liver disease, asthma, neuropathy, and affective disorder. While the ALJ found that the plaintiff’s impairments made him incapable of resuming his past work as a neurologist, she ruled that he could work in jobs where he was limited to light work and simple, routine tasks.

Continue Reading ››

 Posted on March 19, 2021 in Denied Social Security Benefits

A new rule that went into effect December 16, 2020, could make it harder for disabled individuals seeking to qualify for Social Security disability benefits. The rule changes the disability appeals process by allowing attorneys who work for the Social Security Administration to conduct hearings and make decisions on whether the claimant is eligible for benefits. Up until December, these hearings were always overseen by independent and impartial administrative law judges (ALJ).

Social Security Disability Benefits Process

It is important for anyone who is applying for Social Security disability to understand how complicated and drawn out this process often is and why it can be critical to have an experienced Chicago disability attorney advocating for you. There can be up to four steps in applying for benefits:

• Initial application: Many people file their initial request for disability benefits either online or over the phone. It is rare that an applicant’s initial application is approved at this stage. If a claim is denied, the applicant can request a reconsideration.

  Continue Reading ››

 Posted on February 12, 2021 in Social Security Disability Medical Conditions

Those who suffer from physical or mental conditions that make it difficult or impossible to work will often be concerned about their ability to support themselves financially. Fortunately, Social Security disability benefits are available in many cases. However, the process of applying for Social Security disability can be complicated, and disability claims are often denied for a variety of reasons. While it is possible to appeal the decision to deny disability benefits, it is important to understand the procedures followed when doing so and the types of evidence that may be considered in an appeal.

Appeals Court Upholds Decision to Deny Benefits and Refuses to Reweigh Evidence

If a disability claim is denied, an applicant will usually need to file a request for reconsideration, and if benefits are once again denied, they may request a hearing before an Administrative Law Judge (ALJ). Both sides will present evidence at this hearing, and the ALJ will follow specific procedures to determine whether the applicant is disabled and whether they should be able to find work that fits within their physical or mental limitations. If an ALJ rules that a person is not disabled, the applicant can appeal this decision. However, an appeal must be based on the claim that the ALJ committed errors, and an applicant cannot introduce new evidence or ask the appeals court to reconsider or reinterpret previous evidence.

Continue Reading ››

 Posted on January 28, 2021 in Social Security Disability

If you suffer from injuries or illnesses that make it difficult or impossible for you to continue working and earning an income, you may be able to receive Social Security disability benefits. However, the process of applying for disability benefits can be complicated, and applications are often denied. When appealing a disability denial, it is important to understand the factors that will be reviewed to determine whether you are disabled and eligible to receive benefits.

Analysis of Whether a Person Is Disabled

When reviewing a plaintiff’s appeal of the denial of Social Security disability benefits, an Administrative Law Judge (ALJ) is required to perform a five-step analysis in which the following questions are considered, in order:

• Is the plaintiff currently unemployed?

  Continue Reading ››

 Posted on January 11, 2021 in Social Security Disability Medical Conditions

When a person applies for Social Security disability benefits, there are many different factors that are considered to determine whether the person is considered to be disabled. A person must suffer from a physical or mental impairment that is “medically determinable,” and this condition must have lasted or be expected to last at least 12 months. An impairment must also affect a person’s ability to find gainful employment.

If a Social Security disability claim is denied, an applicant may appeal this decision, and an administrative hearing before an Administrative Law Judge (ALJ) may be held to review the case and determine whether the person is disabled. An ALJ will follow a multi-step process to evaluate the person’s claim, and one important step in this process is determining whether the claimant’s condition meets or equals any of the items included in the Listing of Impairments in the Social Security Code of Regulations.

Continue Reading ››

 Posted on December 26, 2020 in Social Security Disability

When applying for Social Security disability benefits, a person will need to provide evidence to show that they have severe physical or mental impairments that affect their ability to find gainful employment. If disability benefits are denied, a person can appeal this decision, and their case will be heard by an Administrative Law Judge (ALJ). In these types of hearings, the ALJ must base their decision on evidence provided by both sides, as well as the opinions of medical and vocational experts. Any additional evidence considered by the ALJ is known as “extra-record evidence,” and certain rules apply regarding when this type of evidence can be used.

Magistrate Reverses ALJ’s Decision Based on Reliance on Extra-Record Evidence

A recent case in Illinois, Elizabeth D. v. Commissioner of Social Security, illustrates when extra-record evidence can and cannot be used by an ALJ. In this case, a woman had been found disabled in 2003 after receiving kidney and pancreas transplants. In 2011, Social Security determined that she was no longer disabled, and she appealed this decision, stating that in addition to her prior medical issues, she also suffered from extreme fatigue, depression, anxiety, migraines, and personality disorder.

Continue Reading ››