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IL disability lawyerEarlier this year we discussed a major U.S. Supreme Court ruling that impacts the rights of individuals applying for Social Security disability benefits. In Biestek v. Berryhill, the Court said vocational experts (VEs) who testify in disability hearings are not categorically required to disclose the underlying data used in assessing the applicant's hypothetical job prospects. Nevertheless, the Court said an administrative law judge or reviewing court could look at a VEs refusal to disclose such data when assessing the overall credibility of their testimony.

Magistrate Finds ALJ "Failed to Respond" to Disability Applicant's Concerns Over Job Estimates

A more recent decision from a federal magistrate judge here in Illinois, Jerry P. v. Saul, offers some guidance as to how lower courts are applying the Biestek decision. The plaintiff in this case applied for disability benefits in 2014. Following a 2016 hearing, a Social Security administrative law judge (ALJ) rejected the plaintiff's application.

The ALJ relied heavily on the testimony of a VE, who said the plaintiff could still work as a "hand packer, assembler, or sorter" despite his impairments. The VE further stated such jobs "existed in significant numbers in the national economy" and offered specific estimates for each of the three occupations.

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Claiming disability in front of an Administrative Law Judge to receive disability benefits is a situation that nobody wants to be in. While your situation may be dire, judges often do not see it that way. The 20 or 30 other cases that they will hear each month in addition to yours can make them hesitant to approve your claim. Many cases will be turned down, leaving these claimants at a loss for finances.

Jonathan Ginsberg is a seasoned attorney who is well versed in Social Security disability cases. He shares one of his experiences with a client and explains how he made his case stand out. Attorney Ginsberg explains the importance of attitude, motivation, and evidence.

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IL disability lawyerSocial Security often tries to justify a denial of disability benefits based on an applicant's purported ability to still perform basic household tasks. For example, a Social Security administrative law judge (ALJ) may reason that since an applicant can still cook for themselves or clean their house despite having a crippling back injury, they must still be capable of working full-time.

Illinois judges have long cautioned Social Security against over-reliance on such “daily living” tasks to disprove disability claims. But there is also the problem of Social Security ignoring evidence regarding an applicant's inability to perform household activities to help prove their claims.

ALJ Failed to Consider Applicant's Difficulties with Daily Living

A recent decision from a federal judge here in Illinois offers a useful example of the latter problem. The plaintiff in this case first applied for disability benefits in 2014, alleging a number of mental impairments, including major depression and post-traumatic stress disorder. After a hearing, a Social Security ALJ rejected the plaintiff's application, holding she could still perform certain jobs despite her limitations.

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