If you have experienced a serious illness or injury that has affected your ability to earn an income, you will want to determine your options for receiving financial assistance. If your injury or illness is severe enough to be considered a total disability, meaning that it has lasted or will last for at least one year and has affected your ability to earn enough income to support yourself, you may be able to receive Social Security disability benefits. Applying for these types of benefits can be a complicated process, and in many cases, disability claims may be denied. However, the denial of benefits does not mean that receiving financial assistance is impossible, and applicants may be able to pursue an appeal that will help them receive the benefits they deserve.

The Social Security Disability Appeals Process

When appealing the denial of Social Security disability benefits, a person will need to do the following:

1. Request reconsideration - An applicant can begin the appeals process by asking for their application to be reviewed. If an application was denied due to medical reasons, a Social Security official who did not participate in the original decision will review the claim, and they may consider the medical evidence that was originally submitted, as well as any new evidence submitted by the applicant.

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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).

Based on medical records and evidence, the ALJ determined that the plaintiff had borderline intellectual functioning that resulted in moderate limitations on his ability to understand information, remember details, and apply this information to the work being performed. These moderate limitations also affected his ability to concentrate on work and maintain a consistent pace while working. However, even with these limitations, the ALJ determined that the plaintiff had the RFC to perform work at all levels of exertion while being limited to following simple instructions and carrying out routine tasks. Since the plaintiff would be able to find jobs where he could perform unskilled, light work that fits these limitations, the ALJ denied disability 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.

The ALJ’s decision was based in part on the plaintiff’s ability to participate in daily activities, specifically noting that the plaintiff stated that he regularly engaged in driving, using a computer, and caring for his children. The ALJ determined that the plaintiff’s ability to participate in these types of activities undermined his claims that he suffered limitations that affected his ability to find or maintain employment.