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Social Security Disability
Reported in vol. 33, no. 10 criticizing an ALJ’s analysis and revealed an all too common misunderstanding of mental illness, “The very nature of bipolar disorder is that people with the disease experience fluctuations in their symptoms, so any single notation that a patient is feeling better or has had a ‘good day’ does not imply that the condition has been treated.”
cited: Scott v Astrue, 647 F.3d 734 (7th Cir. 2011)
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Social Security Disability
Thursday, 29 December 2011 20:33
Court Criticized the ALJ's finding over Mental Illness
Written by Kaitlin Russitano
In a case the district court found that an ALJ and fined the claimant not credible for failing to follow prescribe mental health treatment. The court criticized the ALJ’s finding and rejected the medical complaints because mental illness is an unreported condition. Cited Regennitter v Comm’r 166 F. 3d 1294, 1299-1300 (9th Cir. 1999), “it is a questionable practice to chastise one with a mental impairment for the exercise of poor judgment in seeking rehabilitation.”
Cited: August 2011 NOSSCR vol. 33 no. 8
Published in
Social Security Disability
Thursday, 29 December 2011 18:00
Decision of ALJ Reversed Over Obesity Issue
Written by Kaitlin Russitano
In the case Williams v Astrue the Northern District of Indiana reversed the administrative law judges hearing where the plaintiff had morbid obesity as a severe impairment and the district court considered the other impairments that the claimant had. The claimant also suffered from a combination of bilateral knee impairments. The court essentially said you have to take a combination of impairments as a whole in order to assess disability determination.
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Social Security Disability
The Law Firm Rodriguez & Doern is now accessing Social Security Disability Claimant’s records online by electronic records express. This is a secure online system where you can access the records that are being kept in the Office of Disability Appeals for review electronically over the internet. This should give more prompt information to the law firm to better assist our clients.
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Social Security Disability
Monday, 08 August 2011 19:03
Appeal reopened years later due to "Good Cause"
Written by James E. D. Doern
In the June issue of the NOSSCR Newsletter, Vol. 33 No. 6, It was reported that a claimant was allowed to reopen their appeal from 1978. The claimant showed “good cause” under social security ruling 91-5p and replied on “mental illness which prevented him or her from understanding the procedures to appeal and have good cause to file a late appeal.” This decision gives incredible hope to any claimant that has a mental illness or mental impairment; you can argue that good cause prevented you from filing an appeal within 60 days of your denial.
-James E. D. Doern
Published in
Social Security Disability
Weight of Medical Evidence
Mussi v Astrue, 744 F.Supp.2d 390 (W.D.Pa.2010)
NOSSCR Volume 33, No. 5 – May, 2011
Mussi v Astrue, 744 F.Supp.2d 390 (W.D.Pa.2010)
NOSSCR Volume 33, No. 5 – May, 2011
Administrative law judge in a social security case cannot reject a treating physicians opinion without providing reason that are “as comprehensible and analytical as feasible, and must provide the factual foundation for his decision and the specific findings that were rejected.” In this particular case there were several opinions rendered from treating sources of the poor emotional health of the claimant. At Rodriguez & Doern it is our recommendation that the claimants get whatever possible opinion testimonials from their treating physicians supported by the medical records which should be given controlling weight at the hearing. It significantly improves the claimant’s chance of being successful at a hearing if the treating physician supports the disability claim.
-James E. D. Doern, Esq.
Published in
Social Security Disability
Wednesday, 29 June 2011 19:00
Right to Decline Video Hearings
In the April 2011 NOSSCR Newsletter reports that the appeals counsel has ruled that the claimant has absolute right to decline a video hearing under the code of Federal Rules and Regulations. The request simply has to be made timely and at the earliest opportunity before the time is set for the hearing. The claimant also has to show good cause for the decline. It will be deemed sufficient enough for good cause, if you promptly object to the video conference hearing.
Published in
Social Security Disability
Monday, 15 November 2010 18:52
National Ranking Report
The Albany District Hearing Office of Region 2 has a National Ranking for the month of August through September placing 83rd in the nation with a delay of 398 working days.
cited: NOSCCR vol.32, no. 9 - September 2010
Published in
Social Security Disability
Cited: No. 1812 Fibromyalgia, NOSCCR, Vol. 32, No. 9 Sep. 2010.
The 11th circuit has ruled recently in a case reported in the National Organization of Social Security Claimants’ Representative (NOSSCR) newsletter. That administrative law judge in a social security case cannot reject a treating physician’s opinion in a Fibromyalgia case based upon on lack of clinical findings. In a Fibromyalgia case a claimants subjective complaints of pain “are often the only means of determining the severity of patient’s conditions and the functional limitations cause thereby.” The court apparently understood that Fibromyalgia is extremely debilitating and the pain is a subjective determination by the patient.
-James E. Doern
Published in
Social Security Disability
Monday, 02 August 2010 18:45
NOSSCR
According to NOSSCR, Social Security Forum, Volume 32, Number 5: May 2010 Edition, Albany is ranked 64th in terms of national ranking by the Social Security Administration for their processing times of Social Security Claims. The approximate average processing time is 418 days, which means from the date of your claim of filing an appeal it takes 418 days to process the hearing date and ultimately a decision.
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Social Security Disability
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