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 disability claim

IL disability lawyerWe often come across Social Security disability cases where an administrative law judge (ALJ) improperly tries to “play doctor.” In the most serious cases, the ALJ will simply ignore medical evidence outright if it poses a potential hurdle to finding the applicant is not legally disabled. Such actions violate both the letter and the spirit of disability law.

Magistrate: ALJ “Mischaracterized” Evidence Supporting Disability Claim

Fortunately, federal courts are ready and willing to call Social Security out on such behavior. This was the case in a recent decision, Karl B. v. Commissioner, where a magistrate judge said an ALJ “left some evidence out” of their decision because it “corroborated plaintiff's claims” in support of his disability application. The magistrate, therefore, ordered Social Security to conduct a new hearing.

The plaintiff in this case is a man in his early 50s. He previously held a number of jobs as a “car washer, loader, lot driver, sales representative, and sign holder,” according to court records. In his disability application, the plaintiff cited a number of impairments that prevented him from working, notably chronic pain and stomach problems arising from a 2001 armed robbery where he was shot. After an evidentiary hearing, a Social Security ALJ determined the plaintiff was not disabled and denied his application for disability benefits.

...

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.

...

Cook County disability benefits lawyer, disability benefits, disability claim, chronic pain, medical evidenceSocial Security administrative law judges (ALJs) frequently go to extraordinary lengths to discredit and discount the impact chronic pain has on a person's ability to work—or even simply live a normal life. Although a litany of regulations and federal court decisions reject such a draconian approach to disability cases, we continue to see applicants with legitimate claims are turned away by the arbitrary and capricious decisions of ALJs.

Illinois Magistrate Identifies Multiple Errors in Disability Decision

Consider one recent example. In this case, a female applicant suffering from a variety of impairments—hypertension, diabetes, and asthma—filed for disability benefits in 2013. In 2016, Social Security denied her application, in large part because the ALJ overseeing the case rejected the applicant's testimony regarding the effects of her chronic pain and other symptoms. The woman then sought review of Social Security's denial with an Illinois federal magistrate judge.

In August of this year, the magistrate held that the woman was entitled to a new hearing because the ALJ's decision reached conclusions that were “legally insufficient and not supported by substantial evidence.” Problems identified by the magistrate included the following:

...

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