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_disability_20200401-004725_1.jpgSocial Security disability is a form of insurance. This means that you can only apply for benefits if you are actually covered–insured–at the time you became disabled. In most cases, your “date last insured” for disability purposes is five years after you left your last job.

Appeals Court: Social Security May Not Ignore Medical Opinions Rendered After Date Last Insured

But can Social Security consider a medical diagnosis or opinion rendered by your doctor after your date last insured (DLI) when assessing your disability claim? The U.S. Seventh Circuit Court of Appeals here in Chicago recently addressed this question in an unpublished decision, Marquardt v. Saul. The plaintiff in this case applied for disability benefits based on his lupus and related impairments.

The plaintiff's date last insured was July 2013. In his application to Social Security, the plaintiff said his lupus rendered him unable to work prior to this date. However, he also submitted two reports from his treating neurologist, which were prepared in 2015 and 2016, respectively. These reports established the plaintiff suffered from cognitive defects as a result of his lupus. These defects, in turn, limited the plaintiff to performing “single-task jobs with breaks and no distractions.”

...

IL disability lawyerIn reviewing your application for disability benefits, Social Security will not just look at your medical record. It will also review many other aspects of your personal life, such as your ability to perform household tasks or even the vacations you have taken. In some cases, a Social Security administrative law judge (ALJ) may even cite the fact you went on vacation as proof your testimony regarding your disability is not “credible.”

Magistrate: Vacations Do Not Disprove Disability Applicant's Testimony Regarding Her Panic Attacks

Federal courts, however, have cautioned Social Security not to simply assume an applicant is not credible simply because they were able to go on vacation. A recent decision from an Illinois federal magistrate judge, Lorena T. v. Saul, provides a case in point. The plaintiff here applied for disability benefits based on a number of mental impairments, including her frequent panic attacks. The ALJ ruled the plaintiff did not legally qualify for disability benefits, but the magistrate reversed that decision and ordered a new hearing.

As the magistrate noted, the ALJ expressed “skepticism towards [the plaintiff's] panic attack allegations throughout his opinion.” Among other reasons for this skepticism, the ALJ cited the fact the plaintiff went on two vacations, one to Florida and the other to New York and New Jersey. Both times the plaintiff said she suffered panic attacks, but the ALJ insisted this undercut her credibility. In particular, the ALJ did not understand why the plaintiff took her second vacation after allegedly suffering a panic attack during the Florida vacation.

...

IL disability lawyerOne of the steps in assessing an application for Social Security disability benefits is looking at what jobs, if any, a person could perform when taking into account all of their physical and mental limitations. This is normally accomplished by having the administrative law judge (ALJ) posing a “hypothetical question” to a vocational expert (VE) during a disability hearing. It is critical that the ALJ includes all of the applicant's impairments in posing this question; otherwise, the VE's answer may not accurately reflect the applicant's actual job potential.

Illinois Judge Orders Social Security to Reconsider Limits on Applicant's “Concentration, Persistence, and Pace”

Here is a recent example of an ALJ failing to ask the right question. In Kenneth L. v. Saul, the plaintiff applied for Supplemental Security Income (SSI) benefits from Social Security. SSI is a need-based program available to low-income individuals who meet the same disability criteria as for Social Security Disability Insurance benefits. So the legal issues in this case would be equally applicable to a plaintiff seeking disability benefits.

After a hearing, an ALJ denied the plaintiff's application after determining he retained the residual functional capacity (RFC) to perform “a full range of work at all exertional levels,” provided the work was limited to “simple, routine and repetitive tasks not requiring work at a production rate pace.” As is standard practice, the ALJ based this conclusion on a VE's response to a hypothetical question.

...

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