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

6 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

No attorney fee unless we win!

call us312-999-0999

b2ap3_thumbnail_Webp.net-resizeimage.jpg

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.

...

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.

...

IL disability lawyerAlthough Social Security disability insurance is a federal program, it relies on state agencies to evaluate claimants. In Illinois, the office of Disability Determination Services within the Department of Human Services will assign medical experts to review an applicant's medical history. The state reviewers' opinions are then submitted to a Social Security administrative law judge (ALJ), who must consider the record as a whole before making a final decision as to whether the applicant meets the legal criteria to receive disability benefits.

Social Security Failed to Consider 400 Pages of Records in Illinois Man's Disability Case

The state agency reviewers can only do their job properly, however, when they actually have access to all of the relevant medical evidence. Unfortunately, that is not always the case. For example, an Illinois federal magistrate judge recently ordered Social Security to conduct a new hearing for a disability applicant after it came to light the state agency reviewers never considered 400 pages of medical records relevant to the case.

The plaintiff in this case, George K. v. Berryhill, suffers from a number of physical impairments. Initially, the plaintiff's problems revolved around his back, which he seriously injured at work in 2011. But starting in 2015, the plaintiff also began to suffer from seizures and other “seizure-like activity.”

...

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

Unable to travel to one of our offices? No problem! No office visit required.

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