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IL disability lawyerWhen 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.

Magistrate Reverses ALJ’s Decision Based on Improper Analysis of Listing of Impairments

One recent case in Illinois demonstrates the role that the Listing of Impairments may play in an administrative hearing. In Angela L. H. v. Commissioner of Social Security, a woman’s disability claim had been denied, and after appealing this decision, the ALJ who reviewed the case determined that she was not disabled, since her impairments permitted her to find work other than what she had previously performed.

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IL disability lawyerWhen 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.

When reviewing the evidence, the ALJ chose to give limited weight to the opinions of a doctor who had been treating the plaintiff since 2003, since this doctor’s opinions relied heavily on the plaintiff’s subjective complaints. Instead, the ALJ gave great weight to the opinion of a doctor who saw the plaintiff twice in preparation for hysterectomy surgery. This doctor stated that the plaintiff had an exercise capacity of 10 METs.

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IL disability attorneyFor those who have suffered an injury, illness, or another type of physical or mental condition that has affected their ability to work, Social Security disability benefits can be crucial for ensuring that they can meet their ongoing needs. To receive Social Security disability, a person will need to show that they have experienced impairments that have affected their ability to work and earn an income. In many cases, disability benefits will be denied, but these denials must be based on valid evidence, including medical records and testimony from medical experts and vocational experts. In these cases, applicants may be unsure about their options, especially if their claims are based primarily on their own testimony regarding their condition rather than relying on medical evidence.

Magistrate Reverses Denial of Benefits Based on an Improper Consideration of Plaintiff’s Testimony

Ideally, disability applicants will want to have as much evidence as possible to show that they are disabled. However, in cases where there is a lack of medical evidence, certain procedures should be followed to obtain and explore the relevant facts of the case. This was illustrated in a recent Illinois case, Jennifer L. K. v. Commissioner of Social Security.

The plaintiff in this case was a 56-year-old woman who had sustained an injury to both of her thumbs after falling on ice. She suffered from arthritis and received a surgical procedure, after which she struggled with moving her hands and fingers and grasping objects. At an evidentiary hearing, an Administrative Law Judge (ALJ) determined that the plaintiff could perform her past relevant work as an eyewear salesperson while being limited to frequent “handling and fingering.”

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