New York Court Requires Social Security Judge to Clarify Medical Record in Disability Benefits Case - Stokes v. Commissioner of Social Security
Updated: 2012-05-31 04:38:45
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home New York Court Requires Social Security Judge to Clarify Medical Record in Disability Benefits Case Stokes v . Commissioner of Social Security May 30, 2012 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
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next New Jersey Court Reverses Disability Benefits Denial for Failure to Consider Claimant Testimony Troy v . Commissioner of Social Security May 30, 2012 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 a claim will ultimately be approved . In Troy v . Commissioner of Social Security
: . New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next Doctor Opinions in Social Security Disability Cases : Which Ones are Treating Physicians Ash v . Commissioner of Social Security May 29, 2012 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
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next Social Security Disability Claims for People Who Suffer from a Combination of Impairments Henderson v . Commissioner of Social Security Administration May 10, 2012 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 single impairment , however . Often , a claimant is rendered disabled by a combination of impairments which
, . New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next New York Court Rejects Social Security Judge's Decision in Disability Case , Citing Treating Physician Rule Olenick v . Astrue May 9, 2012 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 is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next Vocational Experts and Hypothetical Questioning in Social Security Disability Cases Sherwood v . Astrue May 8, 2012 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 that a hypothetical person with the same limitations as the claimant can do . In Sherwood v . Astrue the District Court for the
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next New Jersey Court on Objective Medical Evidence in Social Security Disability Cases Bokor v . Commissioner of Social Security May 6, 2012 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 Bokor v . Commissioner of Social Security the U.S . District Court for the District of New Jersey explains that
. New York Social Security Disability Lawyer Blog Published by New York Social Security Disability and Long Term Disability Attorney Insler Hermann , LLP Home Firm Website About Us Practice Areas Contact Us Previous Home Next The Duration Requirement for Mental Impairments in a Social Security Disability Case Peterson v . Commissioner of Social Security May 3, 2012 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 last that long at a level that makes him unable to . work In March 2008, Plaintiff Bennie