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. Sarah Bathrick filed a Social Security Disability benefits claim, asserting that she’s unable to [...]

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 [...]

In Social Security disability cases, medical evidence – doctor’s opinions, treatment records, objective clinical studies etc. – is the key to winning a claim. That is, a clear and accurate record showing that the claimant suffers from an impairment or combination of impairments affecting his or her ability to work makes it more likely that [...]

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 [...]

In order to be eligible for Social Security disability benefits, a claimant must generally prove that he or she either hasn’t worked or it is foreseeable that he or she will be unable to work of one year or more due to physical or mental impairment. The claimant’s disability need not be based on one [...]

If the Social Security Administration (SSA) were to compile a list of the most important rules for its Administrative Law Judges (ALJs) to follow in considering a disability claim, somewhere near the top would be the treating physician rule, which provides that an opinion by a claimant’s treating physician is given controlling weight if it [...]

A Social Security Administration (SSA) Administrative Law Judge (ALJ) reviewing a disability benefits claim will often call on a Vocational Expert (VE), a vocation rehabilitation professional who provides advice to an ALJ regarding a claimant’s ability to perform any type of work activity, to testify as to the kind of work – if any – [...]

In discussing the law associated with Social Security disability benefits on this blog, we often refer to evidence: medical records, court documents, witness testimony and all of the other things that a disability claimant can present to the Social Security Administration (SSA) in attempting to prove his or her claim. In a recent case discussing [...]

In Hood v. Commissioner of Social Security, the District Court for the Northern District of New York sheds some light on important issues regarding both conflicting medical evidence as well as that submitted late in the Social Security disability claim process. John Hood filed a claim for Social Security disability benefits, asserting that he was [...]

In Peterson v. Commissioner of Social Security, a federal magistrate judge explains that a person suffering from one or more severe mental impairments may be eligible for Social Security disability benefits not only if a single impairment has lasted for at least one year, but also if in combination, his limitations can be expected to [...]

In Social Security claims, age most often comes into play in determining a person’s eligibility for retirement benefits. But age can also be an important factor in determining whether a person is eligible for Social Security disability benefits. In Oberg v. Astrue, the Ninth Circuit Court of Appeals explains how those who review disability claims [...]

In order to be eligible for Social Security disability benefits, a person must generally be unable to work for one year or more due to a physical or mental impairment or a combination thereof. As experienced Social Security disability lawyers representing clients in New York, New Jersey and Connecticut, we understand that it’s often not [...]

As experienced Social Security disability lawyers, we know that a person seeking disability benefits can go a long way in proving his or her case by presenting the opinion of a treating doctor. In Carter v. Astrue, the District Court for the Western District of Arkansas explains that a Social Security judge reviewing a claim [...]

A person whose Social Security disability benefits claim is denied generally has the right to appeal the decision in a federal court. But what about when the bureaucrats charged with reviewing disability claims drag their feet? Can the claimant sue to force a decision? The Seventh Circuit explains in McDonald v. Astrue. Plaintiff Michelle McDonald [...]