33 N. Dearborn Street, Suite 650, Chicago, IL 60602

6 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

No attorney fee unless we win!

call us312-999-0999

Subscribe to this list via RSS Blog posts tagged in ALJ

Illinois Social Security disability application lawyerOne of the cardinal rules of Social Security disability cases is that agency officials are not allowed to “play doctor.” In other words, when a Social Security administrative law judge (ALJ) holds a hearing to decide whether or not an applicant is legally disabled, the ALJ must rely on medical testimony presented by qualified experts. The ALJ is not supposed to rely solely on their own interpretation of medical evidence, since, after all, they are not doctors themselves.

Federal Court Orders New Disability Hearing After ALJ Ignores Medical Evidence

Here is a recent disability case in which Social Security forgot this basic rule. This is taken from a decision by the U.S. Seventh Circuit Court of Appeals, which has jurisdiction over Illinois, although this particular case originated in Indiana. The plaintiff was a 49-year-old woman who formerly worked as a hairstylist. She stopped working in 2009 due to a variety of ailments, notably degenerative disc disease, fibromyalgia, and depression.

The degenerative disc disease–the plaintiff's chronic back pain–was the main focus of a hearing before a Social Security ALJ. At the hearing, the plaintiff's treating physician testified that her degenerative disc disease had progressed to the point where she qualifies as disabled under Social Security regulations. Although the doctor based his findings on examinations conducted during 2014, he nevertheless concluded that the plaintiff had been disabled since at least June 2011.

...

Chicago social security disability appeal lawyerSocial Security officials often try to discredit or discount the expert opinions of a disability applicant's treating physicians. In many cases, a Social Security administrative law judge (ALJ)–who is not a doctor–will attempt to substitute their own judgment for that of the medical professionals. Such actions are inconsistent with Social Security's own regulations and can lead to significant problems for the agency if a rejected applicant seeks judicial review in the courts. 

Federal Appeals Court Orders SSA to Reconsider Disability Applicant's Case

For example, the U.S. Seventh Circuit Court of Appeals here in Chicago recently ordered Social Security to conduct a new hearing in the case of a disability applicant who was previously denied benefits. The main problem identified by the appeals court was the ALJ's failure to properly explain her reasons for largely ignoring the medical testimony of the plaintiff's treating physicians. Although the Court did not rule that the plaintiff was legally disabled, it did hold that Social Security owed him a better explanation for denying his application.

Here is briefly what happened: the plaintiff is a former maintenance mechanic who is now in his mid-50s. He underwent two spinal surgeries in 2005 and 2006 but continues to suffer from chronic back pain. For this reason, he initially applied for Social Security disability benefits in 2012. At a subsequent hearing on the application before a Social Security ALJ, the plaintiff presented expert evidence from his primary care doctor and neurosurgeon, who both agreed that he was medically “unable to work” in his former job due to his ongoing back pain. The neurosurgeon further explained that the plaintiff was limited to “sedentary work.”

...

Chicago, IL Social Security disability benefit claim lawyerOne of the keys to prevailing in a Social Security disability case is demonstrating how your physical or mental limitations make it impossible for you to hold down a job. For their part, Social Security officials are required to assess the applicant's residual functional capacity (RFC), which takes into account of all of the available medical evidence, including the applicant's own testimony regarding his or her limitations. While Social Security is not required to accept or give equal weight to all such evidence, the agency must provide a logical explanation supporting its ultimate conclusions.

Magistrate: Social Security Failed to Explain Reasons for Denying Claim

Far too often, Social Security fails in this basic task. For example, on September 17, 2018, a federal magistrate judge ordered Social Security to conduct a new hearing in the case of a disability applicant from Illinois. The applicant first applied for disability nearly five years ago. She claims she has been unable to work since 2008 due to “two generated or herniated discs and possible sciatica,” according to court records.

Following a hearing, a Social Security administrative law judge (ALJ) held that the applicant did not qualify as legally disabled. The ALJ reached this conclusion after performing an RFC assessment that found that the applicant's physical limitations did not prevent her from working. After Social Security's internal appeals process upheld the ALJ's decision, the applicant sought judicial review.

...

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