At Incapacity Legislation Group, we perceive that the journey to securing Social Safety Incapacity advantages could be lengthy and difficult, however we by no means surrender on our shoppers. We’re thrilled to share the story of a latest victory that exemplifies the dedication and persistence of our group. Lawyer Erika Riggs not too long ago secured a good determination for our 55-year-old shopper from Carleton, Michigan, after considerably of a authorized battle that included a number of hearings and an Appeals Council evaluate.
Our shopper initially utilized for Supplemental Safety Revenue (SSI) on November 30, 2020, alleging incapacity relationship again to March 3, 2008. He has a highschool training and a piece historical past as a curler setter and noticed operator, jobs which can be typically thought of gentle to medium in exertion and unskilled to semi-skilled in nature. Sadly, a mix of extreme psychological well being impairments, together with dysthymic dysfunction, PTSD, bipolar I dysfunction, and delinquent persona dysfunction, rendered him unable to keep up employment.
After his preliminary listening to in September 2022, the Administrative Legislation Choose (ALJ) issued a good determination. Nonetheless, the Appeals Council reviewed the case and remanded it, stating that there was inadequate proof to assist the ALJ’s conclusion. This setback may have been disheartening, however Lawyer Riggs remained steadfast in her dedication to our shopper’s case.
In the course of the second listening to, Lawyer Riggs successfully cross-examined a Medical Skilled (ME) who had reviewed the shopper’s intensive medical historical past. The ME testified that because of the claimant’s fluctuating signs and the severity of his dangerous days, he would seemingly be absent from work a minimum of two days every month. This stage of absenteeism, as confirmed by the Vocational Skilled (VE), would preclude him from sustaining any type of employment. The ALJ agreed, as soon as once more discovering our shopper disabled.
Our shopper’s medical information paint a vivid image of his struggles. He has been receiving constant remedy at Southwest Options for over a yr, the place he has been recognized with extreme temper swings, melancholy, paranoia, anxiousness, and psychosis. His signs embrace durations of isolation, speaking to himself, fatigue, aggressive habits, and problem interacting with others. Regardless of common changes to his drugs, his situations haven’t improved considerably, and he continues to expertise important challenges in day by day life.
The consultative examiner’s report, which was a focus of the post-hearing proceedings, initially downplayed the severity of our shopper’s impairments by suggesting solely gentle limitations. Nonetheless, the examiner additionally famous that our shopper would require exterior assist and job coaching to deal with his psychological well being points, which is inherently work-preclusive. Lawyer Riggs skillfully highlighted the inconsistencies within the examiner’s report, stating the disconnect between the steered gentle limitations and the necessity for substantial office assist.
Finally, Lawyer Riggs efficiently argued that our shopper’s psychological impairments meet the factors for Itemizing 12.04, which covers temper issues, together with bipolar dysfunction. His signs, corresponding to extreme melancholy, lack of power, and suicidal ideas, have led to marked limitations in his capacity to pay attention, work together with others, and handle day by day duties. Moreover, the necessity for exterior assist and job coaching would render him unable to maintain employment.
After thorough consideration of all of the proof, the brand new ALJ issued a good determination, acknowledging the severity of our shopper’s situations and granting him the advantages he so desperately wanted.
This case is a robust reminder that perseverance and a focus to element could make all of the distinction in securing a optimistic consequence. At Incapacity Legislation Group, we’re dedicated to combating for our shoppers each step of the best way, irrespective of how lengthy or tough the journey could also be. Should you or somebody you’re keen on is struggling to acquire Social Safety Incapacity advantages, our group is right here to assist.
