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IL disability attorneyIt is not uncommon for Social Security officials to initially deny your claim for disability benefits. Fortunately, you have certain appeal rights. In fact, there are four levels to the disability appeals process. First, you can ask for reconsideration. Second, you may request a hearing before an administrative law judge (ALJ). Third, you can seek review of the ALJ's decision with Social Security's Appeals Council. Finally, you can seek judicial review of a “final” decision to deny benefits in federal court.

Illinois Magistrate Dismisses Social Security Appeal Filed One Day Late

At each stage of the appeals process, there are strict deadlines that you are expected to understand and comply with. If you file an appeal even one day late, a court may refuse to hear your case, regardless of the underlying merits. So it is critical that you act promptly to address a negative decision from Social Security.

For example, in a February 2020 case, McGhee v. Commissioner of Social Security, an Illinois federal magistrate judge granted the government's motion to dismiss an appeal brought by an unsuccessful disability applicant. The applicant previously went through the first three stages of the appeals process described above. In November 2017, an ALJ rejected the applicant's claim. The applicant then sought review from the Appeals Council.

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IL disability lawyerMany people are forced to apply for disability benefits because they are unable to work due to chronic pain. Unfortunately, Social Security officials are often quick to dismiss such complaints, even when supported by medical evidence. Some administrative law judges (ALJ) seem to think that applicants are exaggerating or fabricating their complaints of pain. This often leads ALJs to selectively cherry-pick information that they think will support denying an application for benefits.

Seventh Circuit Orders New Disability Hearing After ALJ Disregards Key Medical Evidence

But at the end of the day, Social Security must follow the law. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Reinaas v. Saul, provides a cautionary example. This case involves a man (the plaintiff) in his mid-50s who lives on a small farm in Wisconsin. The plaintiff previously worked as a factory machine operator. While on the job, he seriously injures his spine and rotator cuff. Following multiple surgeries, he was able to return to work for a time but continued to experience headaches and significant pain in his neck and shoulder.

The physician who treated the plaintiff in connection with his workers' compensation claim eventually determined that the plaintiff could no longer work. The treating physician told Social Security that the plaintiff “had spinal disorders and nerve root compression that were presumptively disabling and that he suffered from two or more severe migraines per month despite prescribed treatment.” At a hearing, the plaintiff himself told the ALJ that his head movements were “limited” and that he suffered from migraines approximately 10 to 15 times per month.

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b2ap3_thumbnail_disability_20200401-004725_1.jpgSocial Security disability is a form of insurance. This means that you can only apply for benefits if you are actually covered–insured–at the time you became disabled. In most cases, your “date last insured” for disability purposes is five years after you left your last job.

Appeals Court: Social Security May Not Ignore Medical Opinions Rendered After Date Last Insured

But can Social Security consider a medical diagnosis or opinion rendered by your doctor after your date last insured (DLI) when assessing your disability claim? The U.S. Seventh Circuit Court of Appeals here in Chicago recently addressed this question in an unpublished decision, Marquardt v. Saul. The plaintiff in this case applied for disability benefits based on his lupus and related impairments.

The plaintiff's date last insured was July 2013. In his application to Social Security, the plaintiff said his lupus rendered him unable to work prior to this date. However, he also submitted two reports from his treating neurologist, which were prepared in 2015 and 2016, respectively. These reports established the plaintiff suffered from cognitive defects as a result of his lupus. These defects, in turn, limited the plaintiff to performing “single-task jobs with breaks and no distractions.”

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