On behalf of Richard A. Sly posted in Social Security Disability Benefits for Mental Conditions on Tuesday, February 21, 2012
The repeated denials of one veteran's Social Security Disability Insurance benefits application have been the subject of our past few posts. The veteran suffered from PTSD and an ALJ failed to initially consider the veteran's mental condition in an administrative hearing. A magistrate judge sent the veteran's case back to reconsideration by the ALJ and the ALJ still found that the veteran had the residual functional capacity to perform work.
The magistrate judge reviewed the ALJ's second denial of benefits and decided to uphold it. Both the magistrate judge and the ALJ found that the veteran's PTSD was severe but oddly found that the PTSD did not impair the veteran's residual functional capacity. The magistrate rejected the veteran's challenges to the ALJ's adverse credibility determination mostly because there was no medical evidence to contradict the ALJ's decision that the veteran was not being forthcoming about the severity of his symptoms.
On behalf of Richard A. Sly posted in Social Security Disability Benefits for Mental Conditions on Monday, February 20, 2012
In our last post we discussed one application for Social Security Disability Insurance benefits filed by a veteran who suffered from extreme PTSD. The veteran's case highlights two important factors in the disability application process: medical evidence and legal advocacy. The veteran's application was initially denied because an administrative law judge found the veteran's medical documentation regarding his symptoms to be lacking.
The ALJ held a hearing regarding the veteran's application in which he reviewed the veteran's medical documentation, his testimony, and testimony from a doctor and a vocational expert. Although the ALJ attempted to review all of the information relevant to the case, the ALJ failed to ask the medical expert about the veteran's PTSD.
On behalf of Richard A. Sly posted in Social Security Disability Benefits for Mental Conditions on Friday, February 17, 2012
Social Security Disability Insurance benefits are available for a variety of physical and mental disorders. For SSDI purposes, the most important factor in any disabling disorder is that it keeps a Portland resident from engaging in any gainful employment.
One recent SSDI case involves a Vietnam veteran who suffers from post traumatic stress disorder, or PTSD. The veteran's PTSD is so severe that he has flashbacks and often thinks that he is back at war. Anything can trigger the flashbacks for the veteran including smells, lights, and rainstorms.
On behalf of Richard A. Sly posted in Social Security Disability on Wednesday, February 15, 2012
One issue that comes up often in Social Security Disability appeals is the weight that an administrative law judge gives to the opinion of treating physicians. When a SSDI claim is denied, it goes before an ALJ to determine whether an applicant is entitled to disability benefits. ALJs consider a variety of evidence, and the opinion of an applicant's treating physician is one of the most important forms of evidence in a disability appeals case.
When an ALJ fails to credit the opinion of an applicant's treating physician, a case can be appealed to a federal court. One of the most recent disability cases taken to the appellate level involves a woman who challenged the ALJ's adverse credibility determination of her treating physician.
On behalf of Richard A. Sly posted in Social Security Disability Benefits for Injuries on Saturday, February 11, 2012
Social Security Disability benefits are available for a variety of medical conditions including chronic pain. There are many different types of chronic pain disorders including fibromyalgia, complex regional pain syndrome, and chronic fatigue syndrome. These disorders are often challenged by the Social Security Administration because they do not have the medical proof to back them up like many other disorders. That is why it is difficult to obtain disability benefits solely on the basis of chronic pain.
Many individuals who suffer from chronic pain also have other impairments. That is why it is important to have an experienced attorney on your side who can help make sure that you have all of the proper documentation of the severity of your conditions before you file a SSDI application.
On behalf of Richard A. Sly on Friday, February 10, 2012
A career-ending disability can occur in a variety of contexts. Portland residents develop serious medical condition due to their genes or lifestyle choices. Others are injured in severe workplace accidents. Regardless of how a disability happens, workers who become too disabled to work are entitled to Social Security Disability benefits. Disability benefits are often not easy to come by and individuals who obtain the counsel of an experienced Social Security Disability attorney are more likely to have a successful application.
Many career-ending disabilities arise from workplace safety hazards which go unchecked until they injure an employee. Wal-Mart, the nation's largest retailer, was recently cited by federal safety inspectors for safety violations at one of its stores which were also found at nine other Wal-Mart locations around the country.
On behalf of Richard A. Sly posted in Social Security Disability on Friday, February 3, 2012
An attorney is not required to file for Social Security Disability benefits or appeals, but there are several things that an attorney can do to make the experience easier for applicants. Some say that no one has experienced true bureaucratic delay until they have applied for SSDI or SSI benefits. The delay built into the system along with the overwhelming number of applications makes it important to be represented by a lawyer who can help keep your case from being lost in the shuffle.
It is also important to have a powerful advocate on your side who knows the applicable law and rules for a disability case. For example, we previously covered a case involving a SSDI applicant whose awards were reversed after a reconsideration process that took over two years. The attorney in that case was able to successfully argue that the undue delay to reconsidering the applicant's benefits was improper, and that therefore an ALJ's decision to cut off the applicant's benefits should be thrown out.
On behalf of Richard A. Sly posted in Social Security Disability on Tuesday, January 31, 2012
Last week we covered a Social Security Disability appeals case in which a SSI applicant challenged an ALJ's adverse credibility determination. An appeals court declined to challenge the ALJ's analysis of the man's medical record but noted that the ALJ's failure to obtain the man's VA disability rating was an error which warranted a reversal of the ALJ's decision.
The Social Security Administration is not required to reach the identical result of the VA, but administrative law judges are required to consider the VA's disability findings in a case and give "great weight" to a VA determination of disability. The VA disability evaluation process does differ slightly from the SSA process, which is why the SSA does not require ALJs to give complete deference to the VA's determination.
On behalf of Richard A. Sly posted in SSI Supplemental Security Income on Friday, January 27, 2012
In our last post we discussed the Social Security Disability appeals process and the fact that an ALJ's credibility determinations are often challenged in the appeals process. Many ALJs will accept that an applicant has serious medical issues but disregard testimony as to the severity of the medical issues that an applicant faces.
We also began to discuss the case of one 51-year-old SSI applicant who suffered an adverse credibility determination from an ALJ. The medical record in that case mostly consisted of information provided by the man's treating physicians and physicians that the man was referred to at the Veterans Affairs hospital.
On behalf of Richard A. Sly posted in SSI Supplemental Security Income on Wednesday, January 25, 2012
The appeals process is often the most frustrating aspect of a Social Security Disability case. Many applications that should be meritorious are rejected until the appeals stage, so it is important to pursue your right to compensation if you can no longer work due to a mental or physical disability.
An Administrative Law Judge's evaluation of an applicant's pain is one of the most often challenged factors in disability or supplemental income benefits appeals. Appealing an ALJ's determination of one's disability highlights the subjectivity of the disability evaluation process and presents a great opportunity for an unfavorable ALJ's decision to be overturned.
