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

Subscribe to this list via RSS Blog posts tagged in Chicago disability benefits attorney

IL disability lawyerStrictly speaking, illiteracy is not a disability according to Social Security regulations. In other words, just because a person is unable to read or write, that does not necessarily mean they are incapable of working. But when a person suffers from one or more medical conditions that restrict their ability to work, illiteracy is a factor that Social Security needs to consider when assessing that person's “vocational profile,” i.e., the types of jobs, if any, they can perform despite their impairments.

Magistrate: Using Social Media Does Not Prove You Are Literate

A recent decision from a federal magistrate here in Illinois, Rodney C. v. Saul, illustrates how Social Security is supposed to account for a disability applicant's illiteracy.

The plaintiff in this case applies for disability benefits, citing his degenerative disc disease, diabetes, sleep apnea, and other impairments. After conducting a hearing, a Social Security administrative law judge (ALJ) determined the applicant did not meet the legal standard for disability. After Social Security upheld the ALJ's ruling, the plaintiff sought judicial review with the magistrate.

...

IL disability lawyerA hernia is not the type of impairment that, by itself, qualifies a person for Social Security disability benefits. Indeed, most hernias can be surgically repaired to relieve a person's symptoms. But when surgery is insufficient and the resulting pain and limitations prevent a person from working, then Social Security needs to consider the possibility that person is legally disabled.

Federal Court Rejects Social Security's Attempt to Ignore Treating Physician's Views of Disability Applicant's Condition

As is too often the case, however, Social Security may try and discount the expert opinions of doctors who actually treated an applicant's hernia in an attempt to find the applicant not disabled. The U.S. Seventh Circuit Court of Appeals here in Chicago recently addressed such a case, finding Social Security's decision to reject a disability application was not supported by the evidence.

The plaintiff in this case, Burgos v. Saul, was previously employed as a warehouse worker. Fourteen years ago, the plaintiff underwent the first in a series of surgeries intended to treat his multiple hernias as well as a kidney ailment. Despite these surgeries, the plaintiff's hernias led to increased abdominal pain. Eventually, the plaintiff found himself unable to work and applied for disability benefits in 2014.

...

IL disability lawyerThe general rule in Social Security disability cases is that agency officials should give “controlling weight” to the medical conclusions of an applicant's treating physicians unless those opinions are not supported by the other evidence presented. If a Social Security administrative law judge (ALJ) decides to give a treating physician's views less-than-controlling weight, it is the ALJ's responsibility to explain their reasons. In fact, there is a required checklist of factors the ALJ is required to follow in such cases.

Magistrate Orders New Hearing After ALJ Fails to Follow “Checklist”

But this does not mean the ALJ actually follows the checklist. A recent decision from a federal magistrate judge here in Illinois, Kenneth P. v. Saul, offers a useful illustration. In this case, the plaintiff suffers from multiple sclerosis (MS) and applied for disability benefits five years ago. A Social Security ALJ denied the plaintiff's application after only giving “some weight” to the medical opinions offered by the plaintiff's treating neurologist.

As the magistrate explained, the neurologist concluded that the plaintiff's “fatigue and balance issues” related to his MS made him unable “to sustain a regular 40-hour work schedule.” The plaintiff also suffered from mental limitations that prevented him from “adequately” performing any type of desk job that required “memory and attention.”

...

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