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Chicago disability lawyerEven when the medical evidence shows a person suffers from multiple–even dozens–of physical or mental impairments, that may still not convince Social Security that a person is entitled to disability benefits. One reason for this is that Social Security administrative law judges (ALJs) will frequently try to minimize or disregard a disability applicant's own description of their pain and other symptoms. Now, an ALJ is allowed to decide how much weight to give such subjective complaints. But the ALJ's findings must ultimately be rooted in the available medical evidence, not some “gut feeling.” That is to say, the ALJ must identify specific inconsistencies between the applicant's complaints and the rest of the evidentiary record.

Magistrate Rejects Social Security's Use of Disability Applicant's Pregnancy, Childcare Responsibilities as Pretext for Denying Benefits

Let's look at a recent Illinois disability case where the ALJ did not do this. In Sylvia C. v. Saul, a Social Security ALJ rejected a 41-year-old woman's application for benefits. There was no question the plaintiff had medical issues: The ALJ identified no fewer than 16 physical and mental impairments–included 9 “severe” conditions–based on the plaintiff's medical records. Nevertheless, the ALJ said the plaintiff did not meet the legal qualifications for disability.

A key reason was that the ALJ found the plaintiff's “statements concerning the intensity, persistence and limiting effects of [her] symptoms [were] not entirely consistent with the medical evidence and other evidence in the record.” On appeal, a federal magistrate judge disagreed. The magistrate said it was the ALJ's conclusions that were not adequately supported by the record. While the magistrate did not find the plaintiff was entitled to disability benefits, the court did order the ALJ to conduct a new hearing.

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IL disability lawyerWhen applying for Social Security disability benefits, it is important to remember that the officials who will rule on your claim are not themselves doctors or medical experts. Social Security regulations require officials to carefully consider the medical evidence, as well as your own testimony regarding your symptoms, in making a decision. It is improper for Social Security to “play doctor” on its own accord or rule in a way that is not supported by the actual medical evidence presented.

Illinois Magistrate Orders New Hearing for Disability Applicant, Citing Multiple Legal Errors

Let's take this recent decision from a federal magistrate judge here in Illinois, Matthew DS v. Saul. In this case, Social Security denied the disability application of a man (the plaintiff) who suffers from “inflammatory arthritis, rheumatoid arthritis, and obesity.” Following a hearing, a Social Security administrative law judge (ALJ) determined these impairments did not qualify the plaintiff for the disability benefits.

The magistrate judge, however, found that several aspects of the ALJ's decision were not supported by the medical evidence. Among the problems cited by the magistrate:

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IL disability attorneyThere is a tendency among Social Security officials to take claims involving psychological impairments less seriously than those involving physical impairments. Legally, this should not matter. If a person is unable to work due to a documented mental disorder, they are just as entitled to disability benefits as someone with a physical impairment. Unfortunately, that is not always the reality.

Illinois Magistrate Orders a New Hearing, Criticizes ALJ for “Playing Doctor”

Take this recent decision from an Illinois federal magistrate judge, Anthony S. v. Saul. In this case, a 55-year-old man (the plaintiff) applied for disability benefits, citing a number of psychological impairments, including post-traumatic stress disorder and bipolar disorder. After a hearing, a Social Security administrative law judge (ALJ) determined these impairments did not prevent the plaintiff from performing some types of “light work” and denied his disability claim.

The magistrate, who reviewed the case after the plaintiff sued the Social Security Administration, noted the ALJ failed to “explicitly” state a “single theory” to explain the decision to deny benefits. Based on the content of the ALJ's decision, however, the magistrate interpreted rationale as that the plaintiff was “malingering,” i.e., the “intentional production of false or grossly exaggerated [] psychological symptoms.”

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