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The Law Offices of Martin Taller
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Call to speak to us now
714-450-6689
Free consultations. Se Habla Español

Appeals court overturns judge's questionable SSDI decision

Last week we wrote a post about appealing denied Social Security disability benefits claims, and how qualifying for these benefits can be a difficult task -- even though it is patently clear to you that you disability, injury or condition dramatically affects your ability to work. In these cases, it is imperative that you consult with an attorney to help you through your denied claim, and to push forward with the appeal.

We bring this up in light of a case out of Wisconsin, where the Seventh Circuit Court of Appeals determined that a woman's denied claim would be overturned after a judge at an ALJ hearing initially denied her claim.

The woman suffered from a number of conditions that limited her ability to work. Her doctor even said so, saying that her degenerative disc disease, asthma and obesity limited her to working no more than four hours per day. But other physicians determined that after a few years, these limitations wouldn't apply anymore. The judge in the ALJ hearing for the woman's SSDI claim sided with the other physicians, not the initial doctor, and thus used that logic to deny the woman her claim.

Upon review by the Seventh Circuit Court of Appeals, it was determined that the judge erred in the five-step process that administrative law judges utilize during their hearings to determine if SSDI benefits should be given to a claimant or not.

Source: State Bar of Wisconsin, "Seventh Circuit Revives Disability Benefits Claim, Judge Erred on Credibility," Joe Forward, Oct. 3, 2016

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