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IL disability lawyerMental impairments, such as bipolar disorder, often make it impossible for a person to focus on their work. When applying for disability benefits, Social Security officials often discuss an applicant's “concentration, persistence, and pace” to describe this focus, or lack thereof. Essentially, if the symptoms of your mental disorder–or even the treatment for your disorder–reduce your overall productivity in the workplace, that is a crucial piece of evidence in support of your claim for disability benefits.

Illinois Woman Granted New Hearing After Social Security Failed to Properly Assess Limits on Her Concentration, Persistence, and Pace

If a Social Security administrative law judge (ALJ) fails to properly account for limitations in your concentration, persistence, and pace, you may be entitled to a new hearing. This is precisely what happened in a recent Illinois disability case, Thea P. v. Saul. The plaintiff in this case filed for disability more than 5 years ago, citing a number of mental impairments, including bipolar disorder and depression.

In denying the plaintiff's application, the ALJ nevertheless found that she had “moderate difficulties of concentration, persistence, or pace.” During the hearing, the ALJ questioned a vocational expert (VE). Such experts commonly testify in disability hearings; their role is to explain the types and number of jobs a person could hold, taking into account certain limitations. Here, the ALJ asked the VE to consider the hypothetical employment opportunities for an individual who was limited to “performing more than simple routine tasks” without having to meet any “strict quotas” for production.

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IL disability lawyerPsychiatric disorders often manifest themselves through inconsistent symptoms. That is to say, a person can feel “fine” one day yet be totally incapable of leaving the house the next. Such inconsistency often leads Social Security disability officials to incorrectly conclude an applicant's medical disorder is not “severe” enough to justify an award of benefits.

Court Orders New Hearing After Social Security Official Disregards Testimony from Multiple Psychiatrists

Take this recent Illinois disability case, Nicole D. v. Saul. The plaintiff in this case applied for disability benefits more than five years ago. She suffers from a number of psychiatric disorders, including major depression, anxiety, and post-traumatic stress disorder.

At a disability hearing, the plaintiff presented expert opinions from three of her treating physicians. The first doctor, a psychiatrist, explained the plaintiff's mental disorders were “severe enough to meet or equal” Social Security's disability requirements. The psychiatrist based her findings on her extensive treatment of the plaintiff, which encompassed approximately 40 consultations between 2014 and 2016.

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IL disability lawyerIn a Social Security disability case, your own testimony regarding your symptoms will not be enough to secure an award of benefits. Your “subjective complaints,” as they are called in these cases, must be supported by medical evidence, such as a diagnosis from your treating physician. Absent such evidence, Social Security will deny your application.

Court Finds No Medical Evidence Disability Applicant Is Allergic to Electricity

A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Atkins v. Saul, helps to illustrate the critical role that medical evidence plays in disability cases. The plaintiff in this case is an Indiana man who claimed he was disabled based on his “hypersensitivity to chemicals and electromagnetic fields.”

The plaintiff's family doctor conducted an examination. The doctor determined that while the plaintiff had a “very odd, flat affect”–i.e., diminished emotional expression–his results were otherwise normal. Later, this same doctor diagnosed the plaintiff with “acne and allergic rhinitis,” for which he prescribed medication. But the doctor explained that, contrary to the beliefs of the plaintiff and his family, he was not allergic to electricity and “all” chemicals.

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