In May 2021, attorney Randall Mansour received a phone call from a discouraged man who was denied by the Social Security Administration for a second time and needed assistance with an appeal. He had a prior Unfavorable decision from an Administrative Law Judge (ALJ) dated October 17, 2018, which he never appealed. In his case, the time to appeal or bring a new claim is especially critical because his work credits expired shortly after the prior ALJ’s decision. The date his work credits expired is called the date last insured (DLI) of December 31, 2018. The importance of the DLI in this case is that he must have been found to be disabled before the DLI for him to be eligible for Social Security Disability (SSD) benefits, and now also that his disability had significantly worsened since the prior ALJ decision. The claimant was suffering from a combination of physical and mental health conditions that had worsened over the last few years.
He knew he needed help and searched for the best attorney for him that would fight for his disability benefits. When he called Disability Law Group, he was met with empathy and felt confident that he was at the right place for help in his disability claim. Within a week of receiving his signed documents, we filed our appearance to assist him with his case at the hearing level. During this period, we ordered updated medical records from his health providers, and focused specifically on any significant medical records between October 2018 and December 2018.
Upon further review of his case, attorney Randall Mansour discovered that the claimant had only re-applied for Supplemental Security Income (SSI) and not SSD, believing that his credits had expired and therefore that he would not qualify. Additionally, when the claimant re-applied, he stated that his disability began on December 18, 2019, which was after his DLI, thereby precluding SSD eligibility. Attorney Mansour explained the process to his client and immediately filed a claim for SSD, stating he had been disabled since November 5, 2018. Next, he obtained a highly supportive CT scan of the claimant’s lumbar spine confirming his worsening condition, dated November 5, 2018, which was before his DLI.
By the time of the new hearing, the claimant was prepared to testify regarding the critical period at issue for his case, knowing that all pertinent records have been submitted and reviewed. During the hearing, attorney Randall Mansour argued the claimant’s conditions worsened right after the prior ALJ decision, as indicated with the CT scan results, medical treatment notes in his file, and the claimant’s well prepared testimony. The ALJ agreed and allowed the motion to go through, resulting in a favorable decision which was rendered approximately 3 weeks after the hearing was held.
Our office continued to fight diligently for our clients’ Social Security Disability benefits. By amending the claimant’s alleged onset date backwards before his DLI expired, the claimant immediately receives Medicare, a higher monthly Social Security check, and a substantially greater lump sum payment for his back-pay.
If you or someone you know are suffering from any physical impairments or mental health, contact us today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We will work with you, and alongside your doctors, to ensure all evidence needed is received. You can rely on our team at Disability Law Group from start to finish to provide you with the expert advice and compassionate representation and the benefits you deserve.
