An injured construction worker sustained injuries at work after he fell. As a result, the worker applied for social security disability benefits because he claimed that the fall prevented him from working. However, he was denied social disability benefits.  Thus, the injured worker appealed and applied to the District Court for review. The District Court sent the case back to the Social Security Administration, as reported by the New York Law Journal in a May 6, 2013 news article.

The Social Security Administration held that the worker was denied the benefits because he could perform some work.   One of the worker’s doctors found that he was “partially disabled” whereas another doctor found that he was “temporarily totally disabled.” As a result there were conflicting medical statements. However, the Social Security Administration did not take into consideration the treating physician rule which address the conflicting medical testimony. The court held that this was not essential.  The final decision in this case, was that he was denied benefits because he could work

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at