Can this case be won? Episode sixteen



This feature appears from time to time as a means of illustrating the challenges that many applicants for social security disability benefits experience, in their efforts to be approved. Cases are derived from actual clients but their names, details and key facts are changed to protect privacy.

“In the refugee camp, one of my children died from starvation”

Hani was a forty-seven-year-old woman when she arrived in the United States as a Somali refugee. Despite very limited English skills, she studied the citizenship test diligently and became a citizen within a few years of arrival.  She attempted to work multiple times as a babysitter and as a caretaker for elderly people in her community. She experienced severe symptoms of post-traumatic stress disorder, particularly when she tried to care for children close to the age of the young child who died due to starvation when her family was in a refugee camp. She also began to experience increasing physical issues, including a torn rotator cuff and arthritis in her knees.

The Lawyer’s View

Hani’s case posed some difficult challenges.

  1. Her work efforts were limited and not well documented as they were the result of informal arrangements between Hani and her neighbors.
  2. Hani struggled to recall specific dates and other important pieces of information due to difficulties with memory.
  3. She also struggled to consistently take her prescribed mental health medications, particularly during times of deep depression.

What happened?

Over two years after applying, Hani’s case was finally in front of an administrative law judge.  She struggled to testify about her limits, and her difficulty with memory made her testimony difficult to understand.  Her oldest daughter, a college student, was not allowed to testify in person, but was able to submit a written statement about her mom’s limits after the hearing.

The judge’s decision found that Hani’s PTSD symptoms, when paired with her physical health issues, would keep her from doing even sedentary full-time work.  The judge gave heavy weight to the supportive opinion of Hani’s psychologist and primary care physician.

We won the case.