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Illinois disability attorney

Those who suffer from physical or mental conditions that make it difficult or impossible to work will often be concerned about their ability to support themselves financially. Fortunately, Social Security disability benefits are available in many cases. However, the process of applying for Social Security disability can be complicated, and disability claims are often denied for a variety of reasons. While it is possible to appeal the decision to deny disability benefits, it is important to understand the procedures followed when doing so and the types of evidence that may be considered in an appeal.

Appeals Court Upholds Decision to Deny Benefits and Refuses to Reweigh Evidence

If a disability claim is denied, an applicant will usually need to file a request for reconsideration, and if benefits are once again denied, they may request a hearing before an Administrative Law Judge (ALJ). Both sides will present evidence at this hearing, and the ALJ will follow specific procedures to determine whether the applicant is disabled and whether they should be able to find work that fits within their physical or mental limitations. If an ALJ rules that a person is not disabled, the applicant can appeal this decision. However, an appeal must be based on the claim that the ALJ committed errors, and an applicant cannot introduce new evidence or ask the appeals court to reconsider or reinterpret previous evidence.

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IL disabilityIf you suffer from injuries or illnesses that make it difficult or impossible for you to continue working and earning an income, you may be able to receive Social Security disability benefits. However, the process of applying for disability benefits can be complicated, and applications are often denied. When appealing a disability denial, it is important to understand the factors that will be reviewed to determine whether you are disabled and eligible to receive benefits.

Analysis of Whether a Person Is Disabled

When reviewing a plaintiff’s appeal of the denial of Social Security disability benefits, an Administrative Law Judge (ALJ) is required to perform a five-step analysis in which the following questions are considered, in order:

  • Is the plaintiff currently unemployed?
  • Do the plaintiff’s medical issues constitute a severe impairment?
  • Is the plaintiff’s impairment one of the specific impairments listed in Social Security regulations, or is it equal to one of these impairments?
  • Is the plaintiff unable to perform work in their former job?
  • Is the plaintiff unable to perform work in another occupation?

An answer of “yes” to either step three or step five will result in a finding that the plaintiff is disabled. If the plaintiff can meet the requirements of step four and show that they are unable to perform work they have done in the past, the Commissioner of Social Security has the burden of proof to show that the plaintiff should be able to find work based on the available jobs in the national economy that meet their physical limitations.

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IL disability lawyerWhen a person applies for Social Security disability benefits, there are many different factors that are considered to determine whether the person is considered to be disabled. A person must suffer from a physical or mental impairment that is “medically determinable,” and this condition must have lasted or be expected to last at least 12 months. An impairment must also affect a person’s ability to find gainful employment.

If a Social Security disability claim is denied, an applicant may appeal this decision, and an administrative hearing before an Administrative Law Judge (ALJ) may be held to review the case and determine whether the person is disabled. An ALJ will follow a multi-step process to evaluate the person’s claim, and one important step in this process is determining whether the claimant’s condition meets or equals any of the items included in the Listing of Impairments in the Social Security Code of Regulations.

Magistrate Reverses ALJ’s Decision Based on Improper Analysis of Listing of Impairments

One recent case in Illinois demonstrates the role that the Listing of Impairments may play in an administrative hearing. In Angela L. H. v. Commissioner of Social Security, a woman’s disability claim had been denied, and after appealing this decision, the ALJ who reviewed the case determined that she was not disabled, since her impairments permitted her to find work other than what she had previously performed.

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