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IL disability attorneyEven if you are unable to return to your previous job due to a medical condition, Social Security will not award you disability benefits unless it is satisfied that you are incapable of performing any type of meaningful work. The opinions of your treating physician are often critical towards proving this is the case. Of course, some Social Security administrative law judges may try to “play doctor” and attempt to disregard (or misrepresent) the views of your actual physicians.

Take this recent decision from a federal magistrate judge here in Illinois, T.D.B. v. Saul. The plaintiff in this case previously worked as a registered nurse. In 2007, she suffered a serious wrist injury when she was attacked by a patient. The plaintiff's physician subsequently diagnosed her with chronic regional pain syndrome (CRPS). By 2010, the physician concluded the plaintiff had “reached maximum medical improvement,” which is a legal term used in connection with workers' compensation proceedings. At the time, this meant the plaintiff would be limited to “full-time sedentary work.”

In 2012, however, the treating physician revised this diagnosis. In a separate letter to the workers' compensation insurance adjuster assigned to the plaintiff's claim, the doctor said the plaintiff was “essentially unemployable,” i.e., she was no longer medically capable of returning to work in any capacity on a full-time basis.

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Chicago Social Security benefits attorneySupplemental Security Income (SSI) is a program administered by the Social Security Administration that is intended to assist disabled individuals with little or no income. SSI is not the same thing as Social Security Disability Insurance (SSDI). SSDI is, as the name implies, an insurance program into which workers pay. In contrast, SSI is a welfare program funded by general tax revenues. SSI is similar to SSDI, however, in that both programs require Social Security to assess whether an applicant is “disabled” and therefore unable to work.

Applicant Suffering From Fibromyalgia Entitled to New SSI Hearing

SSI applicants often face hostility from Social Security officials who choose to ignore medical evidence of disability in order to justify denying benefits. Recently the U.S. Seventh Circuit Court of Appeals in Chicago ordered Social Security to reconsider one SSI applicant’s claim for benefits after an administrative law judge simply disregarded medical evidence. This particular SSI case has been pending for more than five years, and this appears to be at least the third time that Social Security will have to review the matter.

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