New York lawyers

  In   Bunger v. Astrue , the Eastern District of New York recently took on a case appealing the Social Security Administration's (SSA's) denial of a   disability benefits claim : in which both the claimant and the SSA agree that the agency's decision was flawed. Plaintiff Richard Bunger filed a claim for Social Security Disability benefits in 2008, asserting that he was no longer able to work as a New York City firefighter due to lumbar degenerative disc disease. The SSA denied the claim and Bunger later appeared before an SSA Administrative Law Judge (ALJ) at an administrative hearing . The ALJ found that although Bunger could not return to his previous job, he retained the residual functional capacity (RFC) to perform light work, including various jobs that exist in significant numbers in the national economy. On appeal, both Bunger and the SSA acknowledged that the ALJ failed to properly weigh the medical evidence in determining Bunger's RFC. Specifically, the ALJ g...

  We often see clients in   Social Security Disability cases   who are unable to work due not only because of one physical or mental impairment, but due to a combination of impairments which, together, can wreak havoc on a person's everyday life. In   Bryant v. Astrue , the District Court for the District of New Jersey explained that, when considering a claim by a person who suffers from severe obesity, the government must not only determine the effect of the obesity alone, but also its effect on any other impairments. The Social Security Administration (SSA) rejected Plaintiff Lorraine Bryant's disability benefits claim where she asserted that she was unable to work due to asthma, glaucoma, hypertension, obesity, depression and a history of substance abuse. Plaintiff then appeared before an SSA Administrative Law Judge (ALJ) in an administrative hearing in New Jersey. Following the hearing, the ALJ determined that Bryant was not disabled for benefits purposes becaus...

  While medical evidence is often hard to obtain from doctors and hospitals, the sooner it is submitted in a   Social Security Disability case , the better. In   Brewes v. Commissioner of Social Security , the Ninth Circuit Court of Appeals considered whether evidence submitted late in the claim process should be included in the record on an appeal. Plaintiff Mindy Brewes filed a Social Security Disability Insurance benefits claim, maintaining that she was unable to work due to depression, bipolar disorder, anxiety and agoraphobia. After the Social Security Administration (SSA) initially denied the claim, Plaintiff appeared at an administrative hearing before an SSA Administrative Law Judge (ALJ) in February 2007. The evidentiary record before the judge at the time of the hearing covered Plaintiff's medical history from 2002 to 2007. Although the ALJ found that Plaintiff suffered from a number of severe mental impairments, he nevertheless concluded that she reta...

  As experienced   Social Security Disability attorneys   who have represented thousands of clients in New York, New Jersey and Connecticut in claims for disability benefits, we understand that many people are not able to work as a result of a combination of physical and mental impairments. In   Jusino v. Commissioner of Social Security , the District Court for the District of Puerto Rico vacates a Social Security judge's decision on a disability benefits claim, finding that the judge failed to properly take into account the full extent of the claimant's mental impairments on his ability to work. Plaintiff Rafael Cabanillas died as a result of arterial hypertension and diabetes mellitus while his claim for Social Security Disability benefits was pending before the Social Security Administration (SSA). He had also been diagnosed with major depression and severe panic disorder with agoraphobia prior to his death. The SSA initially denied Cabanillas' claim. Following an...

  The central question in a   Social Security Disability case   is whether the person seeking benefits can still work, despite any physical or mental impairments. That includes both a consideration of any limits on the claimant's ability to work imposed by the impairments, and the types of jobs the claimant can perform, given those limits and his or her education, background and experience. This decision often involves input from a vocational expert (VE), a vocational professional engaged by the SSA to provide an opinion as to whether a person with the same background and impairments as the claimant's can still work. In Quiros v. Astrue, the U.S. District Court for the Middle District of Florida explains that in certain circumstances, it's not just a good idea for the Social Security Administration (SSA) and its judges to consult a VE, it's a requirement. The SSA denied Plaintiff Odemaris Quiros' disability benefits claim, in which Quiros claimed she was unable to w...

  In a perfect world, a person seeking   Social Security Disability benefits   will support his or her claim with a detailed record of regular medical treatment, explaining the claimant's impairments and how they affect his or her functioning. For a number of reasons, however, this is not always possible. In   Torres v. Astrue , the District Court for the District of South Carolina concluded that a person's inability to get appropriate medical treatment is not, in itself, sufficient basis to find the person ineligible for disability benefits. The Social Security Administration (SSA) denied Plaintiff Carlos Torres' disability benefits claim, in which he asserted that he remained unable to work due to a variety of impairments, including a spine injury. Following an administrative hearing before an SSA Administrative Law Judge (ALJ), the Judge found that Plaintiff was disabled from July 15,2005 through July 23,2007. The ALJ further determined that Plaintiff experienced ...

 The "treating physician" rule - providing that the opinion of a Social Security disability claimant's treating physician is entitled to substantial weight, unless contradicted by other substantial evidence - is an important tool in many disability benefits cases and one that is often the subject of posts on this blog. In Ash v. Commissioner of Social Security, a Magistrate in the District Court for the Southern District of Ohio explains how to determine whether a particular doctor qualifies as a "treating physician." In 2006, Plaintiff Christopher Ash filed a claim for Social Security disability benefits, asserting that he's been unable to work since May 2003 due to obesity, arthritis of the feet, knees and spine, depression and a variety of personality disorders. Creative art lawyers . The Social Security Administration (SSA) denied the claim. Following an administrative hearing before an SSA Administrative Law Judge (ALJ), the ALJ determined in a June 2...

 In order to prove a claim for Social Security disability benefits, an individual must provide the Social Security Administration (SSA) with clear and convincing medical evidence that details the extent of the claimant's impairment, its onset date and its effect on the claimant's ability to perform work. While the Eastern District of New York recently ruled in Stokes v. Commissioner of Social Security that an SSA Administrative Law Judge (ALJ) considering a claim bears some of the responsibility to clarify the record in certain situations, a claimant is well advised to present as much evidence as possible the first time around. Plaintiff Elizabeth Stokes filed a disability benefits claim, alleging that she's unable to work due to both a right knee injury and Multiple Sclerosis. The SSA denied the claim. Plaintiff then appeared at an administrative hearing before an SSA ALJ. Pre arrest investtigations and negotiations . The ALJ determined that she is not disabled for benef...

  In order to prove a claim for Social Security disability benefits, an individual must provide the Social Security Administration (SSA) with clear and convincing medical evidence that details the extent of the claimant's impairment, its onset date and its effect on the claimant's ability to perform work. While the Eastern District of New York recently ruled in Stokes v. Commissioner of Social Security that an SSA Administrative Law Judge (ALJ) considering a claim bears some of the responsibility to clarify the record in certain situations, a claimant is well advised to present as much evidence as possible the first time around. Plaintiff Elizabeth Stokes filed a disability benefits claim, alleging that she's unable to work due to both a right knee injury and Multiple Sclerosis. The SSA denied the claim. Plaintiff then appeared at an administrative hearing before an SSA ALJ. Business torts . The ALJ determined that she is not disabled for benefits purposes because, altho...

  In Bathrick v. Astrue, the District Court for the District of Connecticut reminds the ALJ's once again that they cannot make a decision on a disability benefits claim without referring to evidence in the record that is sufficient to support it. 1370556_lots_of_files.jpgSarah Bathrick filed a Social Security Disability benefits claim, asserting that she's unable to work as a result of a number of mental impairments as well as nerve damage in her right leg that resulted from a spider bite. The Social Security Administration (SSA) denied the claim and Ms. Bathrick then appeared before an SSA Administrative Law Judge (ALJ) in an administrative hearing. Business torts . The ALJ determined that Plaintiff was not disabled because she retained the residual functional capacity (RFC) to perform "medium work, limited to jobs involving simple, routine, repetitive tasks with short simple instructions and few workplace changes."   On appeal, the District Court remanded the case ...

  As experienced Social Security Disability attorneys who have represented clients in New York, New Jersey and Connecticut over a combined 50 years, we know that doctor opinions can go a long way in proving a disability benefits claim. In Gay v. Commissioner of Social Security, the District Court for the Eastern District of Michigan explains that - as important as doctor opinions are - the conclusions in any opinion must be supported by either the findings of a medical examination or the claimant's medical record. The Social Security Administration (SSA) denied Plaintiff Jerry Gay's claim for Social Security Disability benefits, in which he asserted that he's unable to work due to low back pain. Lawyer help in NY . Plaintiff then appeared before an SSA Administrative Law Judge (ALJ) at an administrative hearing. In a written opinion, the ALJ found that Plaintiff was not disabled for benefits purposes because he retained the ability to perform light work (lifting no more th...

 Sometimes a decision in a Social Security Disability case makes you scratch your head. In Small v. Commissioner of Social Security, the U.S. District Court for the Middle District of Florida took on a case where a Social Security judge found that a disability benefits claimant was disabled before he later found that she was not disabled. In 2003, Plaintiff Angela Small filed a claim for Social Security disability benefits, asserting that she was unable to work due to back pain, migraines, anxiety and depression. The Social Security Administration (SSA) initially denied the claim. Business torts lawyer in NY . In a hearing before an SSA Administrative Law Judge (ALJ), the Plaintiff's lawyer informed the ALJ that she wanted to amend her claim to assert that her disability only lasted from April 1, 2003, to July 22, 2005. The judge awarded benefits for this "closed period" of disability. Plaintiff later appealed, claiming that she remains disabled and should be awarded be...

  We know that the Social Security Disability claims process can be a long, complicated and even intimidating experience for a person who is injured, unable to work and seeking benefits. As the Sixth Circuit Court of Appeals' decision in Rife v. Commissioner shows, a claimant should not give up until the process is complete. White collar crimes lawyer in NY . We advise our clients that the initial and reconsideration denials are designed to discourage claimants from going further with their claims. Plaintiff Donald Rife filed a claim for Social Security Disability benefits, asserting that he was unable to work due to a back injury that he sustained working on a construction job. After the Social Security Administration (SSA) denied the claim, Rife appealed and requested a hearing before an SSA Administrative Law Judge (ALJ). The ALJ determined that Rife could not return to construction work, but was not disabled for benefits purposes because, because he retained the residual func...

  In Bunger v. Astrue, the Eastern District of New York recently took on a case appealing the Social Security Administration's (SSA's) denial of a disability benefits claim: in which both the claimant and the SSA agree that the agency's decision was flawed. Plaintiff Richard Bunger filed a claim for Social Security Disability benefits in 2008, asserting that he was no longer able to work as a New York City firefighter due to lumbar degenerative disc disease. Lawyer office in LA . The SSA denied the claim and Bunger later appeared before an SSA Administrative Law Judge (ALJ) at an administrative hearing . The ALJ found that although Bunger could not return to his previous job, he retained the residual functional capacity (RFC) to perform light work, including various jobs that exist in significant numbers in the national economy. On appeal, both Bunger and the SSA acknowledged that the ALJ failed to properly weigh the medical evidence in determining Bunger's RFC. Speci...

  We often see clients in Social Security Disability cases who are unable to work due not only because of one physical or mental impairment, but due to a combination of impairments which, together, can wreak havoc on a person's everyday life. In Bryant v. Astrue, the District Court for the District of New Jersey explained that, when considering a claim by a person who suffers from severe obesity, the government must not only determine the effect of the obesity alone, but also its effect on any other impairments. The Social Security Administration (SSA) rejected Plaintiff Lorraine Bryant's disability benefits claim where she asserted that she was unable to work due to asthma, glaucoma, hypertension, obesity, depression and a history of substance abuse. Plaintiff then appeared before an SSA Administrative Law Judge (ALJ) in an administrative hearing in New Jersey. Lawyer firm in New York . Following the hearing, the ALJ determined that Bryant was not disabled for benefits purpos...

  As experienced Social Security Disability attorneys who have represented thousands of clients in New York, New Jersey and Connecticut in claims for disability benefits, we understand that many people are not able to work as a result of a combination of physical and mental impairments. In Jusino v. Commissioner of Social Security, the District Court for the District of Puerto Rico vacates a Social Security judge's decision on a disability benefits claim, finding that the judge failed to properly take into account the full extent of the claimant's mental impairments on his ability to work. Plaintiff Rafael Cabanillas died as a result of arterial hypertension and diabetes mellitus while his claim for Social Security Disability benefits was pending before the Social Security Administration (SSA). Lawyer firm in New York . He had also been diagnosed with major depression and severe panic disorder with agoraphobia prior to his death. The SSA initially denied Cabanillas' claim...

  After a one year cost savings experiment during which the Social Security Administration did not send out Statements of Estimated Benefits to all wage-earners, the Administration has rolled out a terrific new on-line tool that can be used to access your benefits statement. Just go to SSA.gov and, along the left side of the website, you will see a link to "Get your Social Security Statement online". After providing necessary personal information, you will be asked several challenge questions that only you should know. Lawyer firm in New York . You will then be invited to set up a user name, password and recovery questions. After that point, you will be able to access your earnings record and benefits estimate. Please note that while anyone can set up an account, not everyone will be able to access the familiar earnings statement form, which is only available to people who have not initiated claims for benefits from the Social Security Administration (including Disability an...

  We know that the Social Security Disability claims process can be a long, complicated and even intimidating experience for a person who is injured, unable to work and seeking benefits. As the Sixth Circuit Court of Appeals' decision in Rife v. Commissioner shows, a claimant should not give up until the process is complete. We advise our clients that the initial and reconsideration denials are designed to discourage claimants from going further with their claims. Plaintiff Donald Rife filed a claim for Social Security Disability benefits, asserting that he was unable to work due to a back injury that he sustained working on a construction job. After the Social Security Administration (SSA) denied the claim, Rife appealed and requested a hearing before an SSA Administrative Law Judge (ALJ). The ALJ determined that Rife could not return to construction work, but was not disabled for benefits purposes because, because he retained the residual functional capacity (RFC) to perform ot...