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IL disability attorneyIn a recent post, we discussed a U.S. Supreme Court decision that held a vocational expert who testifies at a Social Security disability benefits hearing is not “categorically” required to disclose the actual data supporting their analysis. Some courts, including those here in Illinois, had previously enforced such a categorical rule. But under the Supreme Court's decision, Biestek v. Berryhill, Social Security administrative law judges (ALJs) have wide discretion to decide whether or not such data is relevant to a particular case.

Supreme Court Ruling Means Applicants Cannot Simply “Demand” Access to Data

The Chicago-based U.S. Seventh Circuit Court of Appeals recently applied Biestek to reject an unsuccessful disability applicant's request for a new hearing. The plaintiff in this case, Krell v. Saul, argued the ALJ erred by refusing to issue a subpoena to the vocational expert who testified at his disability hearing.

The plaintiff is a Wisconsin man who was previously employed as an ironworker. He filed for disability benefits due to a knee impairment. Prior to a 2014 hearing, the plaintiff's attorney asked the ALJ overseeing the case to issue a subpoena for “certain documents” upon which the vocational expert who was scheduled to testify “may rely” on in forming their opinions. The attorney explained such documents were necessary to facilitate the plaintiff's ability to properly cross-examine the expert.

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IL disability lawyerAs advanced as medical technology is, it is not perfect. There are many people who suffer physical or mental ailments with no clear cause. Even trained doctors may look at the same patient presenting the same symptoms and reach different conclusions. But how does Social Security deal with such lack of consensus when assessing disability benefit applications.

Magistrate Orders New Disability Hearing After ALJ Failed to Consult Any Medical Experts

As is often the case with Social Security, their first instinct is often to declare the applicant is not disabled. In some situations, a Social Security administrative law judge (ALJ) may simply make guesses about the applicant's actual medical condition. Such an approach is not only unscientific, but it also goes against how the law is supposed to work in this area.

A recent decision from a federal magistrate judge here in Illinois offers a helpful illustration. In this case, a 43-year-old woman applied for disability benefits four years ago. In her application, the plaintiff described a variety of impairments that have rendered her unable to return to full-time work.

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IL disability lawyerMany Social Security disability applicants often get tripped up by the process. They may assume they qualify as “disabled” based on a prior doctor's diagnosis or state-agency decision. But Social Security has its own standards for assessing disability. And if you proceed without fully developing the record in support of your claim, you are likely to be denied benefits, even if your case has merit.

Appeals Court Upholds Social Security Decision Despite ALJ's Failure to Fully Develop the Record

A recent decision from the U.S. Seventh Circuit Court of Appeals, Elder v. Berryhill, helps illustrate the hurdles that disability applicants face. The plaintiff in this case applied for disability benefits in 2012, alleging he had been unable to work since 2010 due to a number of physical impairment.

The plaintiff presented his own case to an administrative law judge (ALJ) without the assistance of a qualified disability attorney. At the hearing, the plaintiff said the Illinois Department of Human Services “deemed him disabled and provided him with a home-care assistant.” The plaintiff further testified he suffered from “excessive pain” and required constant medication.

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