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

5 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 mental disability

IL disability lawyerThere are a wide variety of different types of disabilities that can affect a person’s ability to work. However, this does not mean that a person will automatically qualify for Social Security disability benefits. To make the case that you are disabled, you will need to meet certain requirements, including receiving evaluations from medical experts, and you will need to specify how a physical or mental condition has affected your ability to work. One type of disability that is not always fully understood is the inability to concentrate on your work and complete the tasks involved in a regular workday.

Illinois Court Reverses Decision Based on Improper Consideration of a Vocational Expert’s Testimony

An administrative law judge (ALJ) may choose to deny a disability claim because they believe that an applicant should be able to find employment that fits any restrictions or requirements that may apply to a person’s condition, including issues with “concentration, persistence, and pace.” However, an ALJ must properly consider the evidence in a case, including testimony from a vocational expert (VE). One recent case that was heard in the U.S. District Court of Illinois demonstrated how a denial may be based on a faulty consideration of a VE’s testimony.

In this case, Timothy S. C. v Commissioner of Social Security, the plaintiff, a 50-year-old man, was found to have a number of severe impairments, including chronic obstructive pulmonary disease, arthritis, kidney disease, depression, and anxiety. He had previously worked in construction and as a food prepper and dishwasher, but he stated that he could no longer work due to blood pressure, fatigue, depression, sleep issues, and other health concerns. Lack of concentration was a key factor in his ability to continue working.

...

IL disability attorneySocial Security disability insurance covers both physical and mental disorders that prevent a person from working. With respect to mental or “intellectual” disorders, an IQ test is often used to help Social Security determine whether or not someone is disabled. But while a low IQ score can provide useful evidence in supporting a disability claim, it is not by itself definitive proof of such a disability.

7th Circuit: Social Security Did Not Properly Consider Disability Applicant's Limited Math Abilities

Put another way, even if a disability applicant has a low IQ score, Social Security will still deny benefits if it believes the applicant can still perform “simple, repetitive work.” More to the point, Social Security must show there is such work that the applicant could actually perform given their intellectual limitations.

In a recent decision, Williams v. Saul, a federal appeals court held Social Security failed to make such a showing. The plaintiff in this case is a 25-year-old man with an IQ of 64. At a hearing before a Social Security administrative law judge (ALJ), a medical expert testified the plaintiff's “math skills were at a second-grade level.” He gave incorrect answers to basic addition and multiplication problems, and could not perform division at all.

...

Chicago Social Security disability lawyerAn intellectual disability can leave a person just as unable to work as a physical impairment or chronic illness. In many cases a person with a low IQ or who otherwise demonstrates “subaverage general intellectual functioning” may qualify for Social Security Disability Insurance or Supplemental Security Income benefits. But as is often the case with disability claims, Social Security officials tend to disregard evidence of an applicant’s intellectual impairments in a rush to deny benefits.

Social Security Thinks Adult With “Fourth Grade” Education Capable of Full-Time Work

In a recent case, the U.S. Seventh Circuit Court of Appeals in Chicago ordered Social Security to reconsider the disability claim of a woman in her 20s who suffers from a “serious intellectual disability.” According to the applicant’s mother, she has had severe learning difficulties since she was a toddler. The applicant’s IQ is believed to be between 70 and 75. (Social Security guidelines consider an IQ below 60 as absolute proof of an intellectual disability.)

...

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