33 N. Dearborn Street, Suite 650, 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 hearing

Illinois Social Security disability application lawyerOne of the cardinal rules of Social Security disability cases is that agency officials are not allowed to “play doctor.” In other words, when a Social Security administrative law judge (ALJ) holds a hearing to decide whether or not an applicant is legally disabled, the ALJ must rely on medical testimony presented by qualified experts. The ALJ is not supposed to rely solely on their own interpretation of medical evidence, since, after all, they are not doctors themselves.

Federal Court Orders New Disability Hearing After ALJ Ignores Medical Evidence

Here is a recent disability case in which Social Security forgot this basic rule. This is taken from a decision by the U.S. Seventh Circuit Court of Appeals, which has jurisdiction over Illinois, although this particular case originated in Indiana. The plaintiff was a 49-year-old woman who formerly worked as a hairstylist. She stopped working in 2009 due to a variety of ailments, notably degenerative disc disease, fibromyalgia, and depression.

The degenerative disc disease–the plaintiff's chronic back pain–was the main focus of a hearing before a Social Security ALJ. At the hearing, the plaintiff's treating physician testified that her degenerative disc disease had progressed to the point where she qualifies as disabled under Social Security regulations. Although the doctor based his findings on examinations conducted during 2014, he nevertheless concluded that the plaintiff had been disabled since at least June 2011.

...

Illinois disability hearing attorney physician opinionIn Social Security disability cases, agency officials will look at two types of medical evidence: The information provided by an applicant’s own treating physicians, and testimony from outside reviewers and consultative examiners, who typically look at an applicant’s medical records but do not necessarily examine them in person. When one’s own doctor's medical opinions are supported by appropriate treatment records, Social Security is expected to afford such views substantial weight, even if they conflict with the opinions of the outside consultants.

Magistrate Orders New Hearing After Social Security Ignores Evidence from Applicant's Psychiatrist

In far too many disability cases, Social Security does not provide the proper weight to the opinions of an applicant’s own physician. A Social Security administrative law judge (ALJ) will often credit the views of the outside experts–who often believe the applicant is not disabled–and ignore the contrary opinions of the treating physician. While this is not necessarily against regulations, the ALJ cannot simply ignore evidence.

Consider a recent decision by a federal magistrate judge here in Illinois, Sartin v. Berryhill. The plaintiff in this case is a woman who first applied for disability benefits nearly five years ago. At a hearing, the ALJ accepted evidence that the plaintiff suffered from a number of severe impairments, including depression, bipolar disorder, generalized anxiety disorder, and post-traumatic stress disorder. Nevertheless, the ALJ found these impairments “do not meet or medically equal” a legally recognized disability.

...

Cook County disability benefits attorney, unemployment benefits, disability hearing, disability benefits, unemployment insuranceDisability applicants often find themselves in Catch-22 position. They need income while waiting for Social Security to rule on their claim. However, any action they take to acquire income may be cited by Social Security as proof they are not legally “disabled.”

Appeals Court Rejects Use of Unemployment to Question Applicant's Credibility

This conundrum often comes up with respect to unemployment benefits. Unemployment insurance is designed as a temporary replacement for wages while an individual is looking for work. Yet does this mean that accepting unemployment constitutes an admission that a person is physically and mentally capable of work?

...

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