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Illinois disability attorney

Those who suffer from physical or mental conditions that make it difficult or impossible to work will often be concerned about their ability to support themselves financially. Fortunately, Social Security disability benefits are available in many cases. However, the process of applying for Social Security disability can be complicated, and disability claims are often denied for a variety of reasons. While it is possible to appeal the decision to deny disability benefits, it is important to understand the procedures followed when doing so and the types of evidence that may be considered in an appeal.

Appeals Court Upholds Decision to Deny Benefits and Refuses to Reweigh Evidence

If a disability claim is denied, an applicant will usually need to file a request for reconsideration, and if benefits are once again denied, they may request a hearing before an Administrative Law Judge (ALJ). Both sides will present evidence at this hearing, and the ALJ will follow specific procedures to determine whether the applicant is disabled and whether they should be able to find work that fits within their physical or mental limitations. If an ALJ rules that a person is not disabled, the applicant can appeal this decision. However, an appeal must be based on the claim that the ALJ committed errors, and an applicant cannot introduce new evidence or ask the appeals court to reconsider or reinterpret previous evidence.

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IL disabilityIf you suffer from injuries or illnesses that make it difficult or impossible for you to continue working and earning an income, you may be able to receive Social Security disability benefits. However, the process of applying for disability benefits can be complicated, and applications are often denied. When appealing a disability denial, it is important to understand the factors that will be reviewed to determine whether you are disabled and eligible to receive benefits.

Analysis of Whether a Person Is Disabled

When reviewing a plaintiff’s appeal of the denial of Social Security disability benefits, an Administrative Law Judge (ALJ) is required to perform a five-step analysis in which the following questions are considered, in order:

  • Is the plaintiff currently unemployed?
  • Do the plaintiff’s medical issues constitute a severe impairment?
  • Is the plaintiff’s impairment one of the specific impairments listed in Social Security regulations, or is it equal to one of these impairments?
  • Is the plaintiff unable to perform work in their former job?
  • Is the plaintiff unable to perform work in another occupation?

An answer of “yes” to either step three or step five will result in a finding that the plaintiff is disabled. If the plaintiff can meet the requirements of step four and show that they are unable to perform work they have done in the past, the Commissioner of Social Security has the burden of proof to show that the plaintiff should be able to find work based on the available jobs in the national economy that meet their physical limitations.

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IL disability lawyerIf you are suffering from medical conditions that make it difficult or impossible to work, you may struggle to meet your needs. Fortunately, you can apply for Social Security disability benefits, which will provide you with financial support while you are unable to work. However, the Social Security Administration (SSA) often denies benefits to applicants, leaving them unsure about their ability to support themselves. If your disability claim has been denied, you can appeal this decision, and your appeal may be based on a variety of factors, including the fact that more recent medical evidence shows that you are disabled.

Magistrate Reverses Disability Denial Based on Outdated MRI Tests

One recent Illinois case demonstrates the legal issues that can arise when Social Security bases a denial of benefits on test results that may no longer be relevant. In the case of Dennis E. C., Jr. v. Commissioner of Social Security, an administrative law judge (ALJ) had denied benefits to the plaintiff based on the opinion that he had the ability to perform work in jobs available in the economy.

The plaintiff, a 39-year-old man, had previously worked as a janitor, a warehouse freight handler, and other temporary labor positions, but he reported being unable to work because of severe back pain that made it difficult to stand or sit for extended periods. He also reported difficulty kneeling, squatting, bending, reaching, climbing stairs, and performing other work-related tasks.

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