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 Social Security attorney

b2ap3_thumbnail_diagnosis.jpgIn Social Security disability cases, agency officials are not allowed to “play doctor.” Instead, administrative law judges (ALJs) are expected to look at the medical evidence presented to them. And if two doctors offer different medical assessments of a disability applicant, it is the ALJ's job to resolve that conflict.

ALJ Unable to Resolve Cause of Disability Applicant's “Exploding Head Syndrome”

Here is a recent Illinois disability case, John L. v. Berryhill, where the ALJ did not do that. In this case, the plaintiff applied for Social Security disability benefits seven years ago. At a 2015 hearing, an ALJ considered medical evidence related to the plaintiff's sleep parasomnia, i.e., his sleep disorder.

A sleep specialist diagnosed the plaintiff with “possible exploding head syndrome.” This refers to a rare type of parasomnia “in which affected individuals awaken from sleep with the sensation of a loud bang,” according to a 2013 report from the National Institutes of Health. The plaintiff told the specialist that he “heard sounds when he was sleepy 4 to 5 times a day or when he shifted his attention.”

...

IK diability attorneyA key step in the Social Security disability process is the determination of an applicant's “residual functional capacity” or RFC. The RFC is designed to account for an applicant's physical and mental limitations in assessing what type of work, if any, they are still able to perform. If Social Security fails to account for a particular limitation in performing an RFC, the agency needs to explain why.

Social Security Cannot Reject Disability Applicant's Testimony without Explanation

For example, if a disability applicant says he requires a cane to walk or get around, the RFC needs to account for this limitation. Alternatively, the Social Security administrative law judge (ALJ) overseeing the case must explain why the applicant's testimony is inconsistent with the other evidence in the record–i.e., that the applicant does not medically require a cane. What the ALJ cannot do is simply ignore the testimony regarding the need for a cane without explanation.

In fact, an Illinois federal magistrate recently returned a disability case to Social Security precisely for this reason. The plaintiff in this case applied for disability benefits in 2014. An ALJ conducted a hearing in 2017. Following the hearing, the ALJ denied the plaintiff's application.

...

IL disability attorneySocial Security disability decisions are supposed to be based on medical evidence, such as the findings of your treating physician. When there is a conflict in the medical evidence–i.e., different doctors reach different diagnoses–a Social Security administrative law judge (ALJ) is entitled to decide which evidence is more credible and consistent with the overall record. However, the ALJ cannot simply ignore uncontradicted medical evidence and substitute his or her own non-medical judgment.

Magistrate Rejects ALJ's Finding That Disabled Applicant Could Use Both of His Hands

When ALJs overstep their boundaries, a disability applicant may have recourse on appeal to a federal court if their claim for disability benefits was ultimately denied. Here is a recent example from here in Illinois. In this case, Andrew B. v. Berryhill, a former bus driver (the plaintiff) applied for disability benefits in 2014, citing a variety of impairments, including carpal tunnel syndrome, torn ligaments in his hands, and arthritis.

For purposes of the plaintiff's disability application, the critical time period was between November 2014 and January 2016. According to the expert opinion of the only doctor to examine the plaintiff during this period, the plaintiff “could only occasionally handle objects with both hands.” That is to say, the plaintiff could not “frequently” handle objects with his right hand due to his medical condition.

...

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