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

6 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

No attorney fee unless we win!

call us312-999-0999

Subscribe to this list via RSS Blog posts tagged in medical doctors

IL disability lawyerAs a general rule, your own doctor knows your medical condition best. In the context of a Social Security disability benefits hearing, an administrative law judge (ALJ) is therefore required to give your doctor's views “controlling weight,” so long as the doctor's opinions are supported by the available medical evidence. If the ALJ chooses to discount or disregard your doctor's diagnosis, the ALJ must provide “good reasons” for that decision, which also must be supported by evidence.

Christopher C. v. Saul

What the ALJ may not do is misrepresent the evidence in order to discredit your doctor's testimony. Unfortunately, this happens more than Social Security would like to admit. Just recently, an Illinois federal magistrate judge ordered Social Security to conduct a new disability hearing precisely because an ALJ failed to follow the rules in assessing a treating physician's views.

The plaintiff in this case, Christopher C. v. Saul, suffers from physical impairments related to his left ankle and obstructive pulmonary disease. The plaintiff's treating podiatrist said that as a result of the plaintiff's impairments, he would “need to elevate his leg just above hip level about 20 to 50 percent of an eight-hour workday due to edema, pain, and inflammation.” The plaintiff would also require a cane to stand and walk and could not lift more than 10 pounds. He was also incapable of stooping, bending, crouching, squatting, or climbing stairs or ladders.

...

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

Unable to travel to one of our offices? No problem! No office visit required.

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