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 attorneyEven if you are unable to return to your previous job due to a medical condition, Social Security will not award you disability benefits unless it is satisfied that you are incapable of performing any type of meaningful work. The opinions of your treating physician are often critical towards proving this is the case. Of course, some Social Security administrative law judges may try to “play doctor” and attempt to disregard (or misrepresent) the views of your actual physicians.

Take this recent decision from a federal magistrate judge here in Illinois, T.D.B. v. Saul. The plaintiff in this case previously worked as a registered nurse. In 2007, she suffered a serious wrist injury when she was attacked by a patient. The plaintiff's physician subsequently diagnosed her with chronic regional pain syndrome (CRPS). By 2010, the physician concluded the plaintiff had “reached maximum medical improvement,” which is a legal term used in connection with workers' compensation proceedings. At the time, this meant the plaintiff would be limited to “full-time sedentary work.”

In 2012, however, the treating physician revised this diagnosis. In a separate letter to the workers' compensation insurance adjuster assigned to the plaintiff's claim, the doctor said the plaintiff was “essentially unemployable,” i.e., she was no longer medically capable of returning to work in any capacity on a full-time basis.

...

IL disability attorneyFibromyalgia is one of the more difficult medical conditions to address in the context of applying for Social Security disability insurance. The medical definition of fibromyalgia, according to the U.S. Centers for Disease Control and Prevention, is a “condition that causes pain all over the body (also referred to as widespread pain), sleep problems, fatigue, and often emotional and mental distress.” While fibromyalgia can manifest itself through these symptoms, there is no simple medical “test” that can diagnose a patient with the condition.

As a result, Social Security administrative law judges (ALJs) tend to discount subjective complaints of pain by disability applicants as insufficient to prove their fibromyalgia prevents them from working. Illinois courts have repeatedly told Social Security, however, that ALJs cannot require such “objective” tests to confirm a fibromyalgia diagnosis.

Appeals Court Rejects Widower's Appeal of Social Security Decision

At the same time, an ALJ may consider additional objective evidence when evaluating the “severity” of fibromyalgia under the Social Security Administration's disability listings. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Gebauer v. Saul, illustrates this principle in greater detail. This sad case actually involved the widower of a woman (the decedent) who died suddenly while her application for disability benefits was still pending.

...

b2ap3_thumbnail_obesity.jpgObesity does not simply mean a person is a few pounds over their ideal weight. Rather, it is defined as a “complex disease involving an excessive amount of body fat.” In some cases, a person's obesity may be severe enough to qualify them for Social Security disability benefits.

Now, it is important to understand that obesity, in and of itself, is no longer considered a standalone disability by Social Security. That is to say, Social Security will not assume you are unable to work because you suffer from obesity. But Social Security must take obesity into consideration when determining any limitations on your ability to work.

Magistrate: Social Security Acknowledged, But Did Not Discuss, Impact of Disability Applicant's Obesity

A recent decision from a federal magistrate judge here in Illinois illustrates the role obesity should play in a disability application. The plaintiff, in this case, applied for disability benefits, stating he has been unable to work since 2009 due to a variety of impairments, including a back injury, arthritis, and diabetes.

...

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