Plano, TX
Social Security & Disability Lawyer at Plano, TX
Practice Areas: Social Security
OUTCOME: The court remanded because there was insufficient evidence that the ALJ considered the higher age category
A disability applicant was denied benefits by an ALJ who, had he applied a higher age category, would have had to find the claimant disabled. The claimant appealed, arguing that he was within a few mon ... ths of the higher age category, adding that the age classifications are not to be mechanically applied.
OUTCOME: The court remanded for further review given the discrepancies in Commissioner's final determination.
The Social Security Administration denied claimant's disability application, but in an apparent error, adopted a technical finding that actually supported disability.
OUTCOME: The case was remanded because a defective hypothetical question does not require a showing a prejudice.
A disability applicant appealed an ALJ decision that assumed a person with different limitations than the ones the ALJ presented at the administrative hearing.
OUTCOME: The case was remanded because the ALJ's misplaced demand for empirical, objective evidence to support a mental impairment.
An ALJ denied an applicant disability benefits, reasoning her anxiety and depression were not medically determinable impairments ("MDI") because they lacked supportive "signs and laboratory findings." ... However, two treating physicians diagnosed depression and anxiety and observed signs consistent with a mental impairment.
OUTCOME: The court remanded for further review of the treating physicians' opinions even though they addressed a different time period.
A claimant seeking disability benefits submitted questionnaires from 2009 and 2010 from her treating physician in support of her claim. After her claim was denied, she reapplied, alleging disability in ... 2011. The question was whether the ALJ was required to consider the treating physician opinions that pre-dated her onset when the regulations promise to "evaluate every opinion" regardless of source and to "always" give good reasons for the weight given to a treating physician's opinion.
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