Social Security Disability Case
Dec 22, 2014OUTCOME: Fully Favorable with $24,860 in Back Benefits
Claimant was a 57 year old female who had an 11th grade education. She had past relevant work as a cashier II, companion, assembler, and school bus driver. The claimant had previously been denied by a ... different ALJ on October 12, 2011. Linder Law Office argued a new claim while the previous attorney filed a federal district court case. Linder Law Office updated the information and showed that the claimant had been diagnosed with breast cancer after the previous ALJ decision. Linder Law Office challenged the statements made by the previous ALJ which where inconsistent and did not meet Social Security guidelines, we did argue that since the previous ALJ had ruled the claimant was limited to previous residual findings by the ALJ - specifically the Social Security Administration has agreed in Lively v Secretary if Health and Human Serviices; and Drummond v Commissioner that if an ALJ determines that a claimant has restrictions on functioning that applies to any previous adjudication. This has not be accepted in the Seventh Judicial Circuit (Illinois). The ALJ agreed that the claimant could not function at the level the previous ALJ had ruled and determined the claimant was disabled October 13, 2011 - one day after the previous denial. Linder Law Office worked with the federal attorney who has now achieved a reversal of the previous ALJ decision.
