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IL disability attorneyA key part of any Social Security disability hearing occurs when an administrative law judge (ALJ) poses one or more “hypothetical questions” to a vocational expert. These questions are designed to help the ALJ determine what kind of jobs the applicant for disability benefits may still be able to perform in spite of their physical or mental impairments. The applicant has the right to cross-examine the VE regarding these hypothetical questions, as well as ask the ALJ to incorporate certain information when formulating the questions in the first place.

Seventh Circuit Rejects Disability Applicant's Appeal of Fourth Social Security Denial

But the mere fact an applicant disagrees with the ALJ's hypothetical question does not, in and of itself, mean the question was invalid. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Saunders v. Saul, offers a helpful illustration of this point.

In this case, a Wisconsin man applied for Social Security disability benefits in 2005. Over the intervening 14 years, there have been at least four separate hearings on the plaintiff's application, all of which ended with an ALJ ruling he did not qualify as legally disabled.

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IL disability lawyerAs we have discussed many times before, it often takes many years for a disability applicant to receive a final decision from Social Security. And in many of those cases, there may be several years of additional appeals following a denial of disability benefits. During this lengthy period, many disability applicants, unfortunately, pass away. Under the law, the applicant's spouse, children, or other beneficiaries may continue to pursue the disability claim.

Magistrate Rules Social Security Failed to Properly Justify Decision Denying Now-Deceased Woman Disability Benefits

Just recently, a federal judge here in Illinois ruled in favor of a widower who sought to reverse a Social Security decision denying his late wife's claim for disability benefits. The deceased injured her back in 2012 while working at a retail store. The injury was severe enough that she required surgery. But even then, she continued to suffer from chronic leg and back pain. This eventually led to her filing an application for disability benefits in 2014.

Following a 2016 hearing, a Social Security administrative law judge (ALJ) determined the deceased was not legally disabled. Despite her impairments, the ALJ said she could still perform “light work with certain restrictions.” The applicant died in 2017, so her husband appealed the ALJ's decision on her behalf.

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generalized anxiety disorder, Cook County Social Security attorney, denied disability claim, disability applicant, major depressive disorderDealing with anxiety and doubt is common. However, for some people, anxiety is an all-consuming fear that affects their ability to function in society. Known as generalized anxiety disorder (GAD), this type of illness is a serious mental health impairment and may qualify a person for Social Security disability benefits.

ALJ Improperly Holds Applicant's Inability to Afford Mental Health Treatment Against Her

Unfortunately, there is often a stigma associated with GAD and similar mental health disorders that can lead Social Security officials to unfairly reject disability claims. Indeed, as one recent Illinois case illustrates, a Social Security administrative law judge (ALJ) may misinterpret a disability applicant's spotty employment history as “proof” that he or she is actually capable of working, without stopping to consider the overall impact of his or her anxiety disorder.

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