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IL disability lawyerSocial Security officials often deny applications for disability benefits  because they fail to properly consider all of the available medical evidence. This includes not just evidence regarding an applicant's physical condition, but also their mental state. That is to say, Social Security may incorrectly–and illegally–discount the expert opinions of a disability applicant's treating psychiatrist.

Mischler v. Berryhill

The U.S. Seventh Circuit Court of Appeals here in Chicago recently addressed such a case. The plaintiff here is a 47-year-old woman who suffers from a number of physical and mental impairments, including depression. More than five years ago, the plaintiff applied for disability benefits.

Before a Social Security administrative law judge (ALJ), the plaintiff presented evidence that she was first diagnosed with major depressive disorder in 2001. As is often the case with psychiatric disorders, the plaintiff's symptoms ebbed and flowed over time. In 2008, she required hospitalization for her depression. And starting in 2003, she began seeing a psychiatrist.

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