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Municipal Employees Legal Services

MELS wins $107K + Social Security disability appeal

By JOSEPH DAVIDSON, MELS Supervising Attorney

The spouse of a DC 37 member contacted MELS in the summer of 2020 asking for help with her Social Security Disability (SSD) denial. She had applied for disability in 2018 based on right-eye blindness and other medical conditions and was denied. Then she had a hearing before a judge and her disability claim was denied again.

She filed for a reconsideration to the Appeals Council and then learned that MELS assists members and their eligible family members with SSD denials.

She was frustrated and felt lost trying to navigate through the bureaucracy of the Social Security Administration.

The first step for MELS was to review her case and make sure her medical records were complete and up to date. Alfia Agish, an attorney in the MELS Administrative/Wills unit, worked with the member’s spouse and prepared her for the questions that would be asked in the virtual hearing, the medium used during the COVID-19 pandemic.

In Nov. 2021, the hearing finally took place. A few weeks later, MELS learned that the judge issued a fully favorable decision deeming the member’s spouse disabled. The member’s spouse received more than $107,400 in back pay and would continue to receive a monthly disability check going forward.

“Alfia Agish and the DC 37 legal team were by my side with my initial inquiry for assistance,” the member’s spouse said. “Throughout the process, Alfia offered professional guidance and support for my disability appeal case. When I first started my Social Security Disability claim alone, I was denied. I had no idea that the union supported members and their families in these types of claims.

“It was with their assistance with my appeal that the outcome was successful. I should have reached out sooner for their assistance. I appreciate Alfia Agish and DC 37 union’s efforts. I couldn’t have done it without them.”

Any DC 37 member or eligible family member applying for SSD/SSI can contact the MELS screening Department at 212.815.1111 to obtain free legal representation and get answers to questions related to Social Security Disability/Insurance cases.

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