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IL disability lawyerStrictly speaking, illiteracy is not a disability according to Social Security regulations. In other words, just because a person is unable to read or write, that does not necessarily mean they are incapable of working. But when a person suffers from one or more medical conditions that restrict their ability to work, illiteracy is a factor that Social Security needs to consider when assessing that person's “vocational profile,” i.e., the types of jobs, if any, they can perform despite their impairments.

Magistrate: Using Social Media Does Not Prove You Are Literate

A recent decision from a federal magistrate here in Illinois, Rodney C. v. Saul, illustrates how Social Security is supposed to account for a disability applicant's illiteracy.

The plaintiff in this case applies for disability benefits, citing his degenerative disc disease, diabetes, sleep apnea, and other impairments. After conducting a hearing, a Social Security administrative law judge (ALJ) determined the applicant did not meet the legal standard for disability. After Social Security upheld the ALJ's ruling, the plaintiff sought judicial review with the magistrate.

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b2ap3_thumbnail_diagnosis.jpgIn Social Security disability cases, agency officials are not allowed to “play doctor.” Instead, administrative law judges (ALJs) are expected to look at the medical evidence presented to them. And if two doctors offer different medical assessments of a disability applicant, it is the ALJ's job to resolve that conflict.

ALJ Unable to Resolve Cause of Disability Applicant's “Exploding Head Syndrome”

Here is a recent Illinois disability case, John L. v. Berryhill, where the ALJ did not do that. In this case, the plaintiff applied for Social Security disability benefits seven years ago. At a 2015 hearing, an ALJ considered medical evidence related to the plaintiff's sleep parasomnia, i.e., his sleep disorder.

A sleep specialist diagnosed the plaintiff with “possible exploding head syndrome.” This refers to a rare type of parasomnia “in which affected individuals awaken from sleep with the sensation of a loud bang,” according to a 2013 report from the National Institutes of Health. The plaintiff told the specialist that he “heard sounds when he was sleepy 4 to 5 times a day or when he shifted his attention.”

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