The short answer is “yes,” as “after discovered information” may be allowed by a judge, or the adjudicator may ask for additional information. After a Social Security Disability hearing in Falls Church, Virginia, Herndon injury lawyer Doug Landau was asked for a post-hearing submission for his client who had cancer as well as mental impairments.
At the end of the April 2017 hearing, the judge asked for additional information as to the claimant’s disability prior to June 2014 because the claimant did not have any psychological visits before then. The judge wanted an explanation for how the claimant–our client–was disabled for this time if there didn’t seem to be any records.
In 2013, our client was diagnosed with kidney cancer. Due to the treatment of her kidney cancer, followed by chronic kidney disease, she developed drug induced diabetes and focal segmental glomerulosclerosis. She was hospitalized for dangerously high glucose. At that time, they began tapering her off Prednisone, which her doctors believed to be the cause of her problems. However, immediately after her nephrectomy that year, the claimant reported pain and weakness. Her doctor noted that the work she was previously doing would cause her pain at this point, and by the end of the year he stated that her pain and weakness due to her disease and medications caused an inability to work.
Though the medical records were already electronically filed pursuant to the Federal programs procedures, the Abrams Landau team printed and attached the pages for ease of reference for the judge. Lawyer Landau set out in his brief all of his client’s conditions, treatment and medications (some of which are still ongoing) until she had her mental break in June 2014. He maintained in his post-hearing submission that the prior medical conditions created the initial disability, but that it continued with the mental break. Due to the combined symptomology, he renewed his request for Social Security Disability for his client. Several months later, a “Favorable Opinion” was received in the mail at the Abrams Landau law office. The claimant and her husband were happy and relieved upon receipt of the winning decision. According to Landau, “The evidence submitted after the hearing helped to win the day.”