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

5 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 appealing Social Security denial

IL disability lawyerThere are a wide variety of different types of disabilities that can affect a person’s ability to work. However, this does not mean that a person will automatically qualify for Social Security disability benefits. To make the case that you are disabled, you will need to meet certain requirements, including receiving evaluations from medical experts, and you will need to specify how a physical or mental condition has affected your ability to work. One type of disability that is not always fully understood is the inability to concentrate on your work and complete the tasks involved in a regular workday.

Illinois Court Reverses Decision Based on Improper Consideration of a Vocational Expert’s Testimony

An administrative law judge (ALJ) may choose to deny a disability claim because they believe that an applicant should be able to find employment that fits any restrictions or requirements that may apply to a person’s condition, including issues with “concentration, persistence, and pace.” However, an ALJ must properly consider the evidence in a case, including testimony from a vocational expert (VE). One recent case that was heard in the U.S. District Court of Illinois demonstrated how a denial may be based on a faulty consideration of a VE’s testimony.

In this case, Timothy S. C. v Commissioner of Social Security, the plaintiff, a 50-year-old man, was found to have a number of severe impairments, including chronic obstructive pulmonary disease, arthritis, kidney disease, depression, and anxiety. He had previously worked in construction and as a food prepper and dishwasher, but he stated that he could no longer work due to blood pressure, fatigue, depression, sleep issues, and other health concerns. Lack of concentration was a key factor in his ability to continue working.

...

IL disability attorneyWhen seeking Social Security disability benefits, the opinions of your treating physicians will often provide crucial evidence in support of your case. But not all treating-physician opinions are treated equally. For instance, if your doctor simply confirms your own subjective reports regarding certain symptoms–such as chronic pain–without providing any further analysis, that may be of limited value to a Social Security administrative law judge (ALJ) reviewing your application.

Seventh Circuit Dismisses Appeal Brought by Illinois Woman with Fibromyalgia

A recent decision from the Chicago-based U.S. Seventh Circuit Court of Appeals, Apke v. Saul, helps to illustrate this point. In this case, a 37-year-old woman applied for disability benefits, citing a number of impairments, including fibromyalgia. Fibromyalgia is a pain disorder that is notoriously difficult to diagnose using objective tests. As a result, Social Security often views disability claims based on fibromyalgia with increased skepticism.

This case proved to be no different. Although the plaintiff submitted expert reports from three of her treating physicians, the ALJ overseeing the case decided after holding a hearing to solicit the views of a third-party rheumatologist. Based on the rheumatologist's findings, the ALJ ultimately denied the plaintiff's application for disability benefits.

...

IL disability lawyerIn Social Security disability cases filed before March 27, 2017, agency officials are normally required to give “controlling weight” to the medical opinions of your treating physicians when assessing your claim for benefits. A Social Security administrative law judge (ALJ) may only depart from this controlling-weight rule by giving specific reasons, based on the available medical evidence, why the treating physician's views are contradicted by other evidence or are someone internally inconsistent.

Judge Rules ALJ Failed to Properly Follow Pre-2017 Regulations

Even though the pre-2017 rule is well understood, it is not always correctly applied. Take this recent decision from an Illinois federal judge, Rosalinda G. v. Saul. In this case, the judge ordered Social Security to conduct a new disability hearing after finding the ALJ failed to properly follow the treating-source rule.

The plaintiff here applied for disability in 2013 based primarily on her fibromyalgia. Three of the plaintiff's treating physicians presented medical evidence for her disability hearing. The ALJ assigned to the case ultimately gave “little weight” to the views of two of these doctors, and only assigned “great weight” to “aspects” of the third doctor's opinions. As you might expect, the ALJ found the plaintiff did not qualify as disabled and denied her application for benefits.

...

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