By Alton Donatto, Paralegal, Public Benefits Unit
Jane (fictitious name) was diagnosed with a bipolar disorder and PTSD in 2014 and was unable to comprehend, create, and complete tasks due to fear of social and work environments. She filed an application for Social Security Disability and was denied due to lack of medical records. She re-applied again in 2016 and was again denied for lack of treatment records. In late 2016, she became homeless and took up residency in the infamous Santa Ana riverbed camp. She re-applied for disability again and was denied.
Background
In February 2017 the American Civil Liberties Union sued Orange County on behalf of several of the residents, alleging that the County had destroyed property and was forcing residents out of the riverbed camp without a plan for shelter or housing and was prohibiting them from returning. Community Legal Aid SoCal (CLA SoCal) submitted briefs for the plaintiffs in this case and presented evidence of “criminalization of homelessness.” Meanwhile, the County hired numerous security guards and continued forcing residents out of the camp, causing them to lose their belongings. Finally, in February 2018, the federal judge issued a restraining order allowing residents to stay in place and ordered the County to provide temporary housing and shelters for the affected residents. As a result of the court order, Jane was placed in temporary housing at Mercy House under the auspices of CityNet, a homeless agency, and was assisted with her pending application for Social Security Disability and finding mental health treatment.
A hearing and an appeal
After obtaining mental health treatment records, she appeared at a hearing with an Administrative Law Judge (ALJ) in April 2019 and was again denied. An appeal was filed with the Social Security Appeals Council and the case was remanded back to the ALJ with instructions to obtain medical records and give further consideration of Jane’s allegations of her inability to perform normal activities of daily living. A subsequent hearing was scheduled for January 2022.
On the case
We evaluated Jane’s case, and it was agreed that I would represent her at the hearing, pending a requested continuance to develop the case records. A continuance was granted, and extensive medical records were obtained for the past five years and were submitted to the hearing office. A hearing was finally set for September 28, 2022, with me assigned as her personal representative. A review of Jane’s electronic file at Social Security revealed that her medical treatment records were not up to date since there were no additional submissions after April 2021. Her treating psychologist was contacted and a request for current records was sent along with a mental health questionnaire for his completion. I reviewed Jane’s extensive case file and prepared a hearing brief, alleging she has a history of severe psychological impairments, including depression, PTSD, bi-polar disorder, and anxiety. I argued that she meets two of the required listing for psychological disorders in addition to having mobility and pain problems involving her knees. Additionally I also argued she is now of advanced age, 59, and that she had no transferrable employment skills that would provide direct entry into skilled work.
Providing extensive documentation
Her work history was included to show she has not worked since 2014 after experiencing a mental breakdown which eventually led to her homelessness. The brief indicated that she resumed mental health treatment in February 2018, immediately after she was removed from the riverbed and placed into a motel. Extensive medical documentation of her condition and social stressor were included in detail with specific references to dates and finding upon exam. It was also argued that the records show that in the absence of her substance abuse, she would still be disabled.
A telephonic hearing
Jane and I appeared at the telephonic hearing on September 28, 2022. The ALJ asked the medical expert, a board-certified psychologist, to give his opinion and analysis of whether Jane met either of the mental health listings. I was prepared to cross-examine the expert, but he stated that, after reviewing the submitted brief and the records and testimony since 2016 as well as a complete analysis of the current treatment records, Jane met Social Security Disability listing 12.04. The ALJ stated that we would receive a decision soon. Jane was relieved as she was expecting to be questioned again about her condition and her daily living situation which would have caused her additional stress.
The decision is in
The ALJ issued the decision on October 6, 2022, finding Jane to be disabled under Social Security standards effective March 17, 2014, which preceded her date of last insured. As a result, she was entitled to retroactive payments back to this date of onset. I called Jane and explained that she was due significant back pay and that she would receive monthly benefits soon. She broke down crying and repeatedly thanked us for our efforts in getting her out of the riverbed and into permanent housing.
On October 26, 2022, we received her payment notice stating that she was due $69,369.22 in retroactive payments, and that she would receive $1,040 a month in SSI payments. She received her first installment of $3,120.63 in late October and recently informed me that she has received a second installment of $12,000. She will receive the balance due in one lump sum in approximately October 2023.
