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IL disability lawyerAlthough Social Security disability insurance is a federal program, it relies on state agencies to evaluate claimants. In Illinois, the office of Disability Determination Services within the Department of Human Services will assign medical experts to review an applicant's medical history. The state reviewers' opinions are then submitted to a Social Security administrative law judge (ALJ), who must consider the record as a whole before making a final decision as to whether the applicant meets the legal criteria to receive disability benefits.

Social Security Failed to Consider 400 Pages of Records in Illinois Man's Disability Case

The state agency reviewers can only do their job properly, however, when they actually have access to all of the relevant medical evidence. Unfortunately, that is not always the case. For example, an Illinois federal magistrate judge recently ordered Social Security to conduct a new hearing for a disability applicant after it came to light the state agency reviewers never considered 400 pages of medical records relevant to the case.

The plaintiff in this case, George K. v. Berryhill, suffers from a number of physical impairments. Initially, the plaintiff's problems revolved around his back, which he seriously injured at work in 2011. But starting in 2015, the plaintiff also began to suffer from seizures and other “seizure-like activity.”

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IL disability lawyerSocial Security disability claims are supposed to be decided on the basis of medical evidence. But in far too many cases, Social Security administrative judges (ALJs) selectively ignore medical evidence that favors the applicant. While an ALJ is not required to discuss every piece of evidence in fine detail, it is not acceptable to disregard evidence simply because it might benefit the applicant's case.

Social Security ALJ Accuses Disability Applicant of “Cheating” Without Evidence

In an April 29 decision, Muriel EF v. Commissioner of Social Security, a federal magistrate judge from here in Illinois ordered Social Security to conduct a new disability hearing for an applicant based on ALJ's disturbing “pattern” of cherry picking evidence. The plaintiff in this case is a woman in her 50s with a long history of medical impairments, including sciatica, spinal damage, and obesity.

In fact, the plaintiff's condition required her to undergo multiple spinal surgeries. Yet in denying the plaintiff's application for disability benefits, the ALJ “ignored” and “glossed over” this surgical history, as the magistrate put it. Indeed, the plaintiff “had two lumbar surgeries, which the ALJ also did not mention at all” in her decision. Another set of surgeries warranted nothing more than a mention in a single sentence. Similarly, the ALJ did not mention or discuss the results of a medical exam the plaintiff received–on her doctor's advice–after applying for disability benefits.

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