New York Social Security Disability Lawyer Client Profiled in Daily NewsFriday, May 18, 2007
Last week, the New York Daily News published a sad article about disability benefits and our client’s 3 1/2 year struggle to obtain the Social Security Disability benefits she deserved entitled "Filing for Disability, but Finding Discouragement". As detailed in the article, our client was mentally retarded and could not read or write.
In mid-2003, she applied for Social Security Disability benefits. Unbelievably, her claim was denied about 6 months later. Our office filed an appeal called a "Request for a Hearing before an Administrative Law Judge" in the Queens Office of Disability Adjudication and Review. Our client eventually appeared for a hearing before an Administrative Law Judge after waiting an additional 12 months. At the hearing, the law judge called a special Social Security medical expert to testify. The medical expert testified that our client was disabled under Social Security regulations. End of story – right? No!
Despite the testimony of his own medical expert saying our mentally retarded client was disabled, the judge again denied the claim in a poorly written decision a few months later. This particular judge is known for horrible decisions. We then immediately appealed our client’s case to the Social Security Appeals Council (a panel of reviewing judges) in Falls Church, Virginia. Finally, in January 2007 the Appeals Council fully reversed the original judge’s decision and granted our client disability benefits, some 3 1/2 years after her initial application.
As the claimant’s mother said in the article, "when we needed the system, it wasn’t there for us". When the mentally retarded need retain disability attorneys to get the Social Security Disability benefits they deserve, you can only imagine the challenge the rest of you might have, especially in the New York City area.