33 N. Dearborn Street, Suite 1130, Chicago, IL 60602

5 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

NO FEE OR COSTS UNLESS WE WIN!

call us312-999-0999fax312-999-8999

Subscribe to this list via RSS Blog posts tagged in Illinois disability attorney

IL disability attorneyWhen a person makes a Social Security disability claim, the decision about whether to award benefits will usually depend on the medical examinations they receive, as well as evaluations that are meant to determine whether they have the ability to work. In these cases, the opinions of a person’s regular doctor, who is known as a “treating source physician,” are given a great deal of weight. This is because a treating physician will have established a relationship with the patient that gives them a better understanding of their physical condition and their capabilities to perform work. However, in some cases, disability claims are improperly denied because Social Security does not properly consider the opinions of a treating source physician.

Appeals Court Vacates Denial of Benefits Based on Failure to Give Weight to Treating Physician’s Opinion

One recent case in Illinois demonstrates how Social Security may deny benefits without properly considering the opinions of a treating source physician. In Hargett v. Commissioner of Social Security, the United States Court of Appeals considered a situation in which an applicant had been denied benefits by an administrative law judge (ALJ), and this decision was upheld by a federal magistrate judge.

The plaintiff applied for disability benefits based on a number of impairments, including type 2 diabetes, chronic obstructive pulmonary disease, curvature of the spine, and high blood pressure. He had been receiving treatment from his primary care physician, who referred him to a physical therapist for a functional capacity evaluation (FCE). This evaluation found that while he had the lifting capacity to perform “medium-strength” work, he was unable to stand for more than five minutes, could not walk for more than a tenth of a mile, could not balance well while walking or standing, and could not crouch or stoop. The primary care physician signed off on the results of this evaluation.

...

b2ap3_thumbnail_medical-impairment.jpgIn a typical Social Security disability case, an administrative law judge (ALJ) will hear medical opinions from a number of different experts. In addition to the disability applicant's own treating physicians, the ALJ will also review the views of non-treating “consultants” who have examined the applicant's medical records. For disability cases filed before March 2017, the ALJ is normally required to give the treating physician's views “controlling” weight in the event of a conflict. That said, it is permissible to discount those opinions in favor of the non-treating consultants.

Magistrate: ALJ Cannot Rely Solely on Her “Lay Expertise” in Assessing Applicant's Mental Impairments

What the ALJ may not do, however, is ignore all of the medical evidence and “play doctor” themselves. The ALJ is a legal officer, not a medical professional. That means their job is to apply the law fairly and impartially.

But we often see ALJs step outside this legal role to make improper medical diagnoses. A recent disability case from here in Illinois, Christopher P. v. Saul, provides a useful illustration. The plaintiff here applied for disability benefits over five years ago. As part of the application process, the plaintiff's treating psychiatrist opined that he suffered from a number of mental impairments that included “marked limitations in concentration, persistence, or pace, and three episodes of decompensation, along with other disabling symptoms.”

...

IL disability lawyerMental impairments, such as bipolar disorder, often make it impossible for a person to focus on their work. When applying for disability benefits, Social Security officials often discuss an applicant's “concentration, persistence, and pace” to describe this focus, or lack thereof. Essentially, if the symptoms of your mental disorder–or even the treatment for your disorder–reduce your overall productivity in the workplace, that is a crucial piece of evidence in support of your claim for disability benefits.

Illinois Woman Granted New Hearing After Social Security Failed to Properly Assess Limits on Her Concentration, Persistence, and Pace

If a Social Security administrative law judge (ALJ) fails to properly account for limitations in your concentration, persistence, and pace, you may be entitled to a new hearing. This is precisely what happened in a recent Illinois disability case, Thea P. v. Saul. The plaintiff in this case filed for disability more than 5 years ago, citing a number of mental impairments, including bipolar disorder and depression.

In denying the plaintiff's application, the ALJ nevertheless found that she had “moderate difficulties of concentration, persistence, or pace.” During the hearing, the ALJ questioned a vocational expert (VE). Such experts commonly testify in disability hearings; their role is to explain the types and number of jobs a person could hold, taking into account certain limitations. Here, the ALJ asked the VE to consider the hypothetical employment opportunities for an individual who was limited to “performing more than simple routine tasks” without having to meet any “strict quotas” for production.

...

You are not alone. Call now for a FREE consultation 312-999-0999

Unable to travel to my office? No problem! No office visit required.

dupage county bar association Chicago abr association nosscr Super Lawyer
Back to Top