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

5 Convenient Locations

Facebook Twitter LinkedIn Youtube
Search

NO FEE OR COSTS UNLESS WE WIN!

call us312-999-0999fax312-999-8999

Subscribe to this list via RSS Blog posts tagged in Social Security Disability benefits

IL disability lawyerWhen applying for Social Security disability benefits, a person will need to provide evidence to show that they have severe physical or mental impairments that affect their ability to find gainful employment. If disability benefits are denied, a person can appeal this decision, and their case will be heard by an Administrative Law Judge (ALJ). In these types of hearings, the ALJ must base their decision on evidence provided by both sides, as well as the opinions of medical and vocational experts. Any additional evidence considered by the ALJ is known as “extra-record evidence,” and certain rules apply regarding when this type of evidence can be used.

Magistrate Reverses ALJ’s Decision Based on Reliance on Extra-Record Evidence

A recent case in Illinois, Elizabeth D. v. Commissioner of Social Security, illustrates when extra-record evidence can and cannot be used by an ALJ. In this case, a woman had been found disabled in 2003 after receiving kidney and pancreas transplants. In 2011, Social Security determined that she was no longer disabled, and she appealed this decision, stating that in addition to her prior medical issues, she also suffered from extreme fatigue, depression, anxiety, migraines, and personality disorder.

When reviewing the evidence, the ALJ chose to give limited weight to the opinions of a doctor who had been treating the plaintiff since 2003, since this doctor’s opinions relied heavily on the plaintiff’s subjective complaints. Instead, the ALJ gave great weight to the opinion of a doctor who saw the plaintiff twice in preparation for hysterectomy surgery. This doctor stated that the plaintiff had an exercise capacity of 10 METs.

...

IL disability lawyerIf you are suffering from medical conditions that make it difficult or impossible to work, you may struggle to meet your needs. Fortunately, you can apply for Social Security disability benefits, which will provide you with financial support while you are unable to work. However, the Social Security Administration (SSA) often denies benefits to applicants, leaving them unsure about their ability to support themselves. If your disability claim has been denied, you can appeal this decision, and your appeal may be based on a variety of factors, including the fact that more recent medical evidence shows that you are disabled.

Magistrate Reverses Disability Denial Based on Outdated MRI Tests

One recent Illinois case demonstrates the legal issues that can arise when Social Security bases a denial of benefits on test results that may no longer be relevant. In the case of Dennis E. C., Jr. v. Commissioner of Social Security, an administrative law judge (ALJ) had denied benefits to the plaintiff based on the opinion that he had the ability to perform work in jobs available in the economy.

The plaintiff, a 39-year-old man, had previously worked as a janitor, a warehouse freight handler, and other temporary labor positions, but he reported being unable to work because of severe back pain that made it difficult to stand or sit for extended periods. He also reported difficulty kneeling, squatting, bending, reaching, climbing stairs, and performing other work-related tasks.

...

b2ap3_thumbnail_medical-impairment.jpgIn a typical Social Security disability case, an administrative law judge (ALJ) will hear medical opinions from a number of different experts. In addition to the disability applicant's own treating physicians, the ALJ will also review the views of non-treating “consultants” who have examined the applicant's medical records. For disability cases filed before March 2017, the ALJ is normally required to give the treating physician's views “controlling” weight in the event of a conflict. That said, it is permissible to discount those opinions in favor of the non-treating consultants.

Magistrate: ALJ Cannot Rely Solely on Her “Lay Expertise” in Assessing Applicant's Mental Impairments

What the ALJ may not do, however, is ignore all of the medical evidence and “play doctor” themselves. The ALJ is a legal officer, not a medical professional. That means their job is to apply the law fairly and impartially.

But we often see ALJs step outside this legal role to make improper medical diagnoses. A recent disability case from here in Illinois, Christopher P. v. Saul, provides a useful illustration. The plaintiff here applied for disability benefits over five years ago. As part of the application process, the plaintiff's treating psychiatrist opined that he suffered from a number of mental impairments that included “marked limitations in concentration, persistence, or pace, and three episodes of decompensation, along with other disabling symptoms.”

...

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

Unable to travel to my office? No problem! No office visit required.

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