RICHMOND, Va. — It's been a process that Scott Rose said he "wouldn't wish on his worst enemy" — trying to qualify to receive disability benefits. More than a year after initially applying, he continues to fight repeated rejections from the Social Security Administration.
Rose said he used to really enjoy his job, running a local donut shop called Diablo Donuts.
"I worked a lot — too much," he said.
Now, he doesn't work at all, and his business has since closed.
He said his health began plummeting in 2024, first after injuries suffered during a car crash and then a traumatic brain injury.
Rose's ability to walk and talk, he said, is significantly impaired and impacts nearly every aspect of his life.
"It's affecting me like 100%. I can't do anything like I used to," said Rose, whose speech is limited. "And this is a nightmare."
So in April 2024, Rose applied for disability with the SSA, claiming several medical conditions including vascular insult to the brain, long-term chronic pain, and mental health disorders.
But many months later, he was denied. He then requested a reconsideration, and he was denied again.
"I think myself and my entire team are baffled that we're sitting here discussing him being denied," said Rose's advocate, Carletta Griffin. "This was by all accounts a slam dunk we thought."
Griffin, who runs a disability advocacy company called Dominion Disability, has been helping Rose throughout the process as his non-attorney representative.
After the second denial, they had a hearing by phone before administrative law judge Suzette Knight where they presented testimony and evidence to make a more in-depth appeal. Administrative law judges are employed by the SSA but act as neutral parties in settling disputes between claimants and the agency. A hearing is the second appeal option after a reconsideration request is denied.
Rose's hearing was held in June 2025, and in July, he was handed another rejection.
The judge found that while Rose was limited and could not perform his past work, he could perform "light work with accommodation."
A vocational expert testified that Rose could get a job as an eyeglass cleaner, a marker— which attaches price tags to merchandise, or he could be a mailroom clerk.
Griffin pushed back against those suggestions during the hearing.
"What is your experience placing in any of these occupations someone with a severe speech impediment?" Griffin asked.
"I have not placed anyone with a speech impediment in these types of occupations," the vocational expert answered.
"They think I can work. I can't work. I mean… really?" Rose said. "The whole thing is unfair."
In her opinion, the judge said Rose's "statements concerning the intensity, persistence and limiting effects of [his] symptoms are not entirely consistent" with the evidence.
Knight had a medical expert review his records who opined Rose did not have an abnormal gait and could stand, walk, reach, operate a vehicle, and even occasionally climb.
Griffin argued the expert's findings contradict Rose's treating physician's, who noted Rose could only stand or walk 0-1 hours per day, could never lift anything above five pounds, and could never bend, stoop, twist, or climb.
"Scott's doctor's statement precludes work, his listings of all of the issues impacting Scott, and his prognosis is poor. It is diametrically opposed to what the medical expert found," Griffin said.
However, Griffin said Rose's doctor's form was not ready to be submitted until the same day Knight issued her decision.
While a variety of factors can impact the strength of a case and its chances of getting approved, Griffin also pointed to this particular judge's record.
Data publicly posted by the SSA shows that between a reporting period of September 2024 and June 2025, every other judge in the Richmond office approved 53-58% of cases that came before them.
But Suzette Knight had a significantly lower award rate of 18%.
"It is very eyebrow raising if you will," Griffin said.
When asked about this, an SSA spokesperson said, "It is expected that some [judges] will have an allowance rate above the national average and some [judges] will have an allowance below that average. Additionally, the agency focuses on policy compliance, rather than a specific allowance rate to ensure [judge] decisions are based upon the facts and policy on a given case, free of any pressure to allow or deny the specific case."
CBS 6 also contacted Knight's office directly to seek comment on her record, but staff referred us back to the communication's office.
After Knight issued an unfavorable decision, Griffin appealed to the fourth stage in the process.
Following our interview and after CBS 6 inquired with the SSA, an appeals council remanded Rose's case back to the administrative law judge level. According to the most recent available data from 2020, this action only occurred in about 15% of cases.
The appeals council said its decision followed new evidence submitted that has a "reasonable probability of changing the outcome." This means Rose will get a fresh hearing and another shot to try and prove his is disabled.
While it's a hopeful development for Rose, he said it does not negate the year and a half of uncertainty and frustration he's felt throughout the process.
“I’ve been through the hell, man. When I say hell, it’s been hell," Rose said. "I wouldn't wish this on my worst enemy. I wouldn't."
As a standard practice, the SSA does not comment on specific cases.
In a statement, the agency said it ensures judge decisions are policy compliant through several review methods.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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