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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 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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IL disabiity lawyerThere are a variety of conditions that can cause a person to become disabled, and some of them may be less obvious than others. While injuries or physical impairments can affect the type of work a person can perform, mental health concerns can also lead to disability. Unfortunately, those who suffer from mental illness may be denied Social Security Disability benefits, and they should understand their options for appealing these decisions.

Magistrate Overrules ALJ’s Decision Due to Incorrect Consideration of Mental Limitations

One recent Illinois case illustrates some of the reasons a person with a mental illness may be improperly denied disability benefits. In the case of Panayiota P. K. v. Commissioner of Social Security, the plaintiff was a 49-year-old woman who suffered from multiple mental impairments, including bipolar disorder, generalized anxiety disorder, and post-traumatic stress disorder (PTSD). She reported difficulty with concentration, understanding and following instructions, and getting along with authority figures. She also experienced anxiety attacks multiple times per week, anger issues, and a voice in her head that told her to strike people who upset her.

At the plaintiff’s evidentiary hearing, the Administrative Law Judge (ALJ) determined that the plaintiff had the residual functional capacity (RFC) to perform work involving simple, routine tasks. A vocational expert (VE) testified that the plaintiff could work in light jobs such as a cleaner or production worker, but they noted that being off-task for at least 10% of the time would result in termination, and the plaintiff would likely also be terminated if she had any verbal or physical confrontations while at work. The ALJ denied disability benefits and stated that the plaintiff should be able to find work within her limitations.

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