As the process for social security disability claims becomes more encumbered by the number of claims and the shortage of staff and administrative law judges (ALJ), one can expect a waiting period of up to three years or more to find out if they will be awarded benefits. Even after the claimant appears before the ALJ, it is usually several weeks before the written decision arrives in the mail. This can create frustration and anxiety for the claimant. The Abrams Landau law office worked closely with the ALJ’s office to make sure that the most timely, up-to-date medical records were provided for the ALJ’s review.
After waiting three years to go before the ALJ, our client was scheduled to go to Hearing on September 24, 2018. Her medical records are voluminous. At 38 years old she is considered young by SSDI standards. However, the medical records were strong enough to support her claim for disability: brain lesions/white matter disease/migraine, pineal cyst, degenerative disc disease, hypertension, cardiac arrhythmia, status-post pacemaker implementation, status-pot central venous catheter implantation, asthma, Lyme disease, immune deficiency disorder, sinus/disease/sinusitis, status-post frontal/maxillary splenoid balloon sinusplasty, status-post bilateral meatus anstrostomy, and depression.
The ALJ found that the claimant’s medically determinable impairments significantly limit the ability to perform basic work activities as required by SSR 85-28. The judge found “that the additional limitations so narrow the range of work the claimant might otherwise perform that a finding of ‘disabled’ is appropriate under the framework of” Medical-Vocational Rule 201.28.
The morning of the hearing on September 24, 2018, the ALJ’s clerk called to inform us that if the claimant would agree to amend her onset date to September 16, 2015, he could render a fully favorable decision. We did not have to go to Hearing and we were able to render a fully favorable decision for our client. The judge’s written decision was rendered on September 25–just one day later–thus eliminating any further waiting for the claimant’s benefits to be processed. Normally, it may take four weeks minimum to get the decision. We are grateful for the opportunity we had to be able to help our client receive the benefits she would need.
If you or someone you know needs to apply for Social Security Disability Income (SSDI)—or have been rejected and need to appeal—and have questions as to what laws apply, please give us a call (703-796-9555) or email us at Abrams Landau, Ltd.