New York Social Security Disability Law Blog

Mental illnesses such as depression and schizophrenia can be severe enough to prevent people from holding a job. Qualifying for Social Security Disability can be challenging, however, partly because it can be difficult to assess the severe symptoms that people experience. That may not be surprising, considering that the medical field has long struggled to define mental illnesses.

Psychiatrists diagnose mental illnesses based on symptoms outlined in the Diagnostic and Statistical Manual of Mental Disorders, also called the DSM. The DSM has been published by the American Psychiatric Association since 1952. A new version, which will be released soon, has been the subject of fierce debate recently.

A federal judge has granted preliminary approval to a settlement in a lawsuit that could affect thousands of applicants who have been denied Social Security Disability (SSD) benefits in New York. The lawsuit alleges that five administrative law judges showed hostility and bias toward SSD applicants who appeared at hearings regarding their applications for disability benefits.

The complaint, originally filed by eight applicants for disability benefits, accused the administrative law judges of systematically rejecting valid cases, ignoring medical evidence, failing to follow legal standards and not giving applicants the fair hearings to which they are entitled.

May is Lyme Disease Awareness Month.  New York residents may want to pay particular attention to this disease, as they are at risk of contracting it while being active in their yards and at local parks as the temperatures rise. In 2011, almost all cases of Lyme disease came from 13 states, including New York.

Lyme disease is a debilitating illness caused by ticks infected with bacteria called "Borrelia burgdorfei." These ticks attach themselves to animals such as birds, mice, squirrels, deer and other animals that can bring the tick into areas where humans may be. The bacteria are transferred through tick bites.

New York lawmakers are considering whether to strengthen protections for consumers who are being sued over old debts. The bill, called the Consumer Credit Fairness act, would create new requirements for debt collection lawsuits and would lower the statute of limitations for collecting on old debts. It's not the first time lawmakers have debated this legislation. Similar bills failed in 2009 and 2010. Will lawmakers find success this year?

The bill recently passed the state General Assembly. The assembly speaker says the bill would help stop abusive debt collection lawsuits in New York. Often, he says, they are filed against people with low to moderate income who may not even know a lawsuit was filed against them. As a result, they have little opportunity to fight the lawsuits and they suffer problems with their credit for years afterward.

Administrative law judges are often called on to decide whether applicants qualify for Social Security Disability benefits. They are supposed to treat applicants fairly while conducting hearings and making decisions about cases. Fair treatment means that applicants are not treated differently because of factors such as their race, gender, age or for other reasons. If you believe that you have not been treated fairly by an administrative law judge, you can file a complaint with the Social Security system.

The complaint is not the same as filing an appeal of the administrative law judge's decision about your case. After an administrative law judge issues a decision, you have 60 days to decide whether to file an appeal. Sometimes, complaints of unfair treatment can be included in an appeal. The Social Security Administration (SSA) will also look into complaints of unfair treatment that are included in an appeal.

Cerebral palsy is a group of disorders caused by abnormal development or injury to a baby's brain. The disorders often cause problems with muscle control and other neurological and physical problems. If promising research holds out, treatment for this medical condition could someday include rejuvenating damaged or missing brain cells.

The brain cells at issue are called myelinating cells. They help the brain give directions to the body, and the body will not naturally replace them. Researchers believe they have found a way to turn regular skin cells into brain cells. In a recently published study, researchers reported using the technique on cells in mice. They may now test it on human cells.

Supplemental Security Income (SSI) is a federal Social Security program available to people who are completely disabled and have limited income and assets. The program is designed as a safety net, and people who are not eligible for Social Security Disability benefits because they have not worked long enough can often find some financial relief through SSI. Some advocates for people with disabilities say that the asset limits of Supplemental Security Income are too strict.

In a letter to the president of the United States, the chairman of the National Council on Disability urged the president to allow people with disabilities qualify for SSI with more assets. Currently, a person must have less than $2,000 in assets to qualify for SSI. That limit was established in 1989. The council has proposed raising the limit to $10,000 and to allow the limit to rise with inflation.

A bracelet could someday help prevent seizures in people with epilepsy. Called wearable technology, these bracelets or other devices with sensors in them can be used to detect seizures before someone with the medical condition realizes that one has started.

The sensors measure information from the skin that is affected by stress, sleep, activity and other factors. A professor who is working with the technology says her team discovered the technology's potential benefit for people with epilepsy by accident. While examining data, they noticed a large peak and found that it showed a seizure in a small boy. Subsequent testing confirmed that the skin sensors can detect grand mal seizures.