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 Social Security benefits denial

Il disability lawyerWhen Social Security denies an application for disability benefits, the applicant has the right to appeal. The appeals process often includes a number of stages, including filing a formal petition for review with a federal judge, who has the authority to order Social Security to conduct a new hearing on your application.

Judge: ALJ Used “Template” Language, Failed to Explain Reasons for Rejecting Disability Claim

Your chances on appeal are much stronger if you are represented by an experienced Social Security disability attorney. But there are cases where a disability applicant has represented themselves and still managed to prevail on appeal. In fact, it happened just recently to a woman from right here in Illinois.

The plaintiff in this case first applied for disability benefits six years ago, citing her inability to work due to diabetes and blindness in one eye. A Social Security administrative law judge (ALJ) held a hearing on the plaintiff's application in 2016. After hearing the plaintiff's testimony and other evidence, however, the ALJ denied the application for benefits.

...

IL disability lawyerIn looking at an application for disability benefits, Social Security officials must determine how your physical and mental impairments affect your ability to work in a practical sense. That is to say, if your doctors tell Social Security you can only work under certain medical restrictions, an administrative law judge (ALJ) must factor those limitations into a final evaluation of your “residual functional capacity” to work.

ALJ Failed to Consider Impact of Plaintiff's Need to Elevate His Leg Throughout the Day

Let's consider a recent disability case from here in Illinois where the ALJ failed to do this, at least in the view of a federal magistrate judge who ordered Social Security to reconsider its decision. The plaintiff in this case first applied for disability benefits more than five years ago. Although Social Security did find the plaintiff was disabled, it fixed the “onset date” of the disability in May 2014. The plaintiff alleged a much earlier onset date in September 2011.

Before the magistrate, the plaintiff argued the Social Security assigned to his case improperly evaluated several key pieces of evidence. Notably, the ALJ did not evaluate or weigh an opinion from the plaintiff's treating physician, who found that due to the plaintiff's impairments, he needed to “elevate his legs to heart level or above for 30 minutes, four times a day.”

...

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