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 Disability benefits

IL disability lawyerWe often come across Social Security disability cases where an administrative law judge (ALJ) improperly tries to “play doctor.” In the most serious cases, the ALJ will simply ignore medical evidence outright if it poses a potential hurdle to finding the applicant is not legally disabled. Such actions violate both the letter and the spirit of disability law.

Magistrate: ALJ “Mischaracterized” Evidence Supporting Disability Claim

Fortunately, federal courts are ready and willing to call Social Security out on such behavior. This was the case in a recent decision, Karl B. v. Commissioner, where a magistrate judge said an ALJ “left some evidence out” of their decision because it “corroborated plaintiff's claims” in support of his disability application. The magistrate, therefore, ordered Social Security to conduct a new hearing.

The plaintiff in this case is a man in his early 50s. He previously held a number of jobs as a “car washer, loader, lot driver, sales representative, and sign holder,” according to court records. In his disability application, the plaintiff cited a number of impairments that prevented him from working, notably chronic pain and stomach problems arising from a 2001 armed robbery where he was shot. After an evidentiary hearing, a Social Security ALJ determined the plaintiff was not disabled and denied his application for disability benefits.

...

IL disability lawyerBy law, you have the right to counsel when applying for Social Security disability benefits. This means you can–and should–work with a qualified disability benefits lawyer. And while you can waive your right to counsel and represent yourself before Social Security, this is generally not in your best interests.

Court Holds Social Security Gave Disability Applicant Adequate Warnings Regarding Waiver of Counsel

A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago illustrates the problems with attempting to represent yourself in a disability case. The plaintiff in this lawsuit, Jozefyk v. Berryhill, initially sought disability benefits citing a number of physical and mental impairments, including depression, generalized anxiety disorder, and avoidant personality disorder.

Prior to a hearing on his disability claim before a Social Security administrative law judge (ALJ), the agency sent the plaintiff several notices explaining his right to counsel. Social Security does not provide representation itself, but it does refer applicants to services that assist in finding a qualified attorney.

...

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.

...

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