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

Recent blog posts

IL disability lawyerEarlier this year we discussed a major U.S. Supreme Court ruling that impacts the rights of individuals applying for Social Security disability benefits. In Biestek v. Berryhill, the Court said vocational experts (VEs) who testify in disability hearings are not categorically required to disclose the underlying data used in assessing the applicant's hypothetical job prospects. Nevertheless, the Court said an administrative law judge or reviewing court could look at a VEs refusal to disclose such data when assessing the overall credibility of their testimony.

Magistrate Finds ALJ "Failed to Respond" to Disability Applicant's Concerns Over Job Estimates

A more recent decision from a federal magistrate judge here in Illinois, Jerry P. v. Saul, offers some guidance as to how lower courts are applying the Biestek decision. The plaintiff in this case applied for disability benefits in 2014. Following a 2016 hearing, a Social Security administrative law judge (ALJ) rejected the plaintiff's application.

The ALJ relied heavily on the testimony of a VE, who said the plaintiff could still work as a "hand packer, assembler, or sorter" despite his impairments. The VE further stated such jobs "existed in significant numbers in the national economy" and offered specific estimates for each of the three occupations.

...

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.

...

IL disability lawyerDecisions regarding Social Security disability applications are supposed to be based on medical evidence. That is, your treating doctor's medical conclusions are normally expected to be given great weight by a Social Security administrative law judge (ALJ). But in far too many cases, we find the ALJ taking it upon themselves to “play doctor” and ignore or discount the treating physician's views.

Magistrate: Social Security “Mischaracterized” Surgeon's Findings in Denying Disability Application

In some cases, an ALJ may outright misrepresent what the treating physician found. This is not okay. To the contrary, it violates Social Security regulations and entitles an unsuccessful applicant to a new hearing on their claim.

This is precisely what happened to one Illinois disability benefits applicant in a recent case, Lisa AB v. Commissioner of Social Security. The plaintiff in this case has not worked since 2012 because of her inability to use her hands. The plaintiff had a history of severe carpal tunnel syndrome that required surgery.

...

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