By Alton Donatto, Staff Paralegal, Public Benefits Unit

Johnny Bomberos (fictitious name) first contacted Community Legal Aid SoCal (CLA SoCal) after receiving a notice of pending Supplemental Security Income (SSI) hearing to be scheduled later in the year.  Johnny was diagnosed with dysgraphia which affected his ability to write. He was also diagnosed with high cholesterol, asthma, left finger paronychia, obsessive compulsive disorder (OCD), sleep disorder, and social anxiety. He was prescribed medications for sleep and depression. A CLA SoCal intake and assessment paralegal advised him on preparation for the hearing and told him to call back once it was scheduled.

Disability determination

The disability determination at time of his application found medical improvement with a history of non-compliance and his residual functioning capacity was found to be mild/moderate. He was found able to perform simple tasks with minimal supervision with no problems with coworkers or exertion. His condition continued to worsen, and he strongly disagreed with this finding. I took Johnny’s case and filed the Appointment of Representative forms with the Hearing Office.

Case moves forward

Johnny was finally scheduled to see the Psychological Consultant (CE) and reported he was only seen for 15 minutes and was asked general questions. I obtained a copy of the results for review and found they alleged Johnny was given several standard psychological tests. I researched the tests and found they would have taken at least three hours to complete.

A detailed complaint was sent to the judge at the hearing and the complaint was uploaded to Johnny’s case file. Because of the incomplete/noncomprehensive examination, I requested that a medical expert (ME) testify at the pending hearing. The request was granted. Extensive current treatment records were obtained and submitted to the hearing office. My fellow Public Benefits Unit paralegal Emylou Vergel de Dios prepared a hearing brief documenting the medical findings which indicated that Johnny met the conditions of several psychological SSI listings.

Hearing scheduled

A hearing was finally scheduled and Emylou’s brief was submitted. Johnny appeared with his mother who was given permission to testify as a witness. The administrative law judge (ALJ) complimented Emylou’s brief and stated he wanted to hear the ME’s testimony and that no witness appearance may be needed. The ME went over the records in detail and highlighted the references of anxiety, lack of focus, behavior, memory problems, adjusting to changes, OCD, anxiety, and poor social skills. The ME found no evidence of autism, but that Johnny met the conditions of several psychological listings.

There was a question regarding some past earnings, but Johnny contended that someone had used his Social Security number to file for taxes. The ALJ did not make an issue of it.  Furthermore, the ALJ totally dismissed the finding of the CE exam, then stated that no testimony was needed, and that Johnny would receive a notice stating that he was found to be disabled.

A notice of award

Johnny received a Notice of Award granting him monthly benefits of $874, as well as retroactive benefits of $44,256 since his disability was found to have begun four years earlier. Johnny and his mother expressed their appreciation for the efforts Emylou and I put forth over the two years on the case.