33 N. Dearborn Street, Suite 1130, Chicago, IL 60602

5 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

NO FEE OR COSTS UNLESS WE WIN!

call us312-999-0999fax312-999-8999

IL disability lawyerA 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.
  • Reconsideration: An applicant has 60 days from their date of denial to file a Request for Reconsideration. The Social Security Administration will again review the application. Sometimes, at this level, the agency will approve the applicant’s claim and they will begin receiving benefits. However, it is also very common for the agency to deny the claim again. If this occurs, the applicant can request a hearing.
  • Hearing: An applicant again has 60 days from the day their Request for Reconsideration was denied to file a Request for a Hearing. The hearing usually takes place at the applicant’s local Social Security Administration Office in front of an ALJ. It is highly recommended that the applicant has a qualified disability attorney who is experienced in defending denied Social Security disability benefits. Once the attorney presents all the evidence on behalf of the applicant, the ALJ will decide if the claim should be approved. If the ALJ denies the claim, the applicant can appeal the decision to the Appeals Council.
  • Appeals Council: These appeal hearings are decided by administrative appeal judges (AAJ). Unlike an ALJ, who is impartial and independent, an AAJ works directly for the Social Security Administration. The role of the AAJ is not to evaluate the applicant’s case, but only to determine if the ALJ made a technical error or did not consider any relevant medical information during the hearing.

New Policy

Under the new policy, those same AAJs will now be allowed to hear and decide hearings instead of or in addition to ALJs and this could have a detrimental impact on an applicant’s ability to obtain a fair and just hearing. In addition to requiring ALJs to be independent and impartial from the Social Security Administration, they also are required to have a minimum of seven years experience as a licensed and practicing attorney and have significant experience in trials and litigation.

...

IL disability lawyerIf you are suffering from medical conditions that make it difficult or impossible to work, you may struggle to meet your needs. Fortunately, you can apply for Social Security disability benefits, which will provide you with financial support while you are unable to work. However, the Social Security Administration (SSA) often denies benefits to applicants, leaving them unsure about their ability to support themselves. If your disability claim has been denied, you can appeal this decision, and your appeal may be based on a variety of factors, including the fact that more recent medical evidence shows that you are disabled.

Magistrate Reverses Disability Denial Based on Outdated MRI Tests

One recent Illinois case demonstrates the legal issues that can arise when Social Security bases a denial of benefits on test results that may no longer be relevant. In the case of Dennis E. C., Jr. v. Commissioner of Social Security, an administrative law judge (ALJ) had denied benefits to the plaintiff based on the opinion that he had the ability to perform work in jobs available in the economy.

The plaintiff, a 39-year-old man, had previously worked as a janitor, a warehouse freight handler, and other temporary labor positions, but he reported being unable to work because of severe back pain that made it difficult to stand or sit for extended periods. He also reported difficulty kneeling, squatting, bending, reaching, climbing stairs, and performing other work-related tasks.

...

IL disability attorneyA Social Security disability hearing is not a criminal trial. The role of the Social Security administrative law judge (ALJ) is not to assess your honesty, character, or credibility as a person. The ALJ's responsibility is to assess the medical evidence presented and make a fact-based determination as to whether or not you meet the listed requirements for disability benefits.

Federal Court Criticizes Social Security ALJ for Relying “Too Heavily” on Judgments About Applicant's Character

Although Social Security's own regulations instruct ALJs to avoid making statements regarding a disability applicant's “overall character or truthfulness,” this principle is not always followed in practice. When that happens, a federal court may decide an unsuccessful applicant is entitled to a new hearing.

To give a recent example, in a June 2020 decision, Dawn K. v. Saul, an Illinois federal magistrate judge found an ALJ relied “too heavily on character-doubting inconsistencies” in denying the plaintiff's application for disability benefits. The plaintiff is a woman in her mid-40s who applied for disability more than four years ago based on a number of impairments, notably problems with her right arm.

...

You are not alone. Call now for a FREE consultation 312-999-0999

Unable to travel to my office? No problem! No office visit required.

dupage county bar association Chicago abr association nosscr Super Lawyer
Back to Top