ALJ Denies Claimant With Cerebral Palsy
Recently, an ALJ denied a claimant with Cerebral Palsy. He did this even though Social Security’s own doctors opined she could not work. The claimant filed for disability benefits stating she could no longer work, because her Cerebral Palsy had become worse as she aged. The medical record stated she could no longer walk without the use of a cane. Social Security’s doctors examined her and found her back and legs had deteriorated and were deformed. They said she could not walk or stand more than two hours in an eight hour day and found she could not sit for more than 4 hours in an eight hour day.
These limitation alone would place the claimant into a part-time work status, but the ALJ ignored these findings. Another doctor performed an objection mental health examination at the request of the Social Security Administration and found the claimant had severe depression and other mental impairments which precluded all work. The ALJ chose to ignore the findings of both doctors, even though the medical opinions were requested by the SSA, and found the claimant could work at a seated job.
ALJ DID NOT ACCEPT DOCTOR’S MEDICAL OPINION ABOUT DISABILITY
The ALJ’s findings contradict the medical record. The ALJ had the opportunity to see the claimant walk into the court room with a deformed leg and could see her inability to walk and sit for himself. According to the medical records, the claimant meets the listing for Cerebral Palsy. Therefore, benefits are payable to him because of his disabilty. Despite all of the facts and the obvious inability of the claimant to perform a seated job, the ALJ said he didn’t need to accept the opinions of the doctors and he denied benefits. If ALJ’s are ignoring their own Consultative Examiners’ opinions and denying benefits to claimant’s with severe deformities due to Cerebral Palsy, then who is disabled?
DO NOT GIVE UP THE FIGHT FOR DISABILITY BENEFITS
This one case illustrates what we, as attorneys, see and fight every day. Many ALJ’s have taken Social Security’s edict to deny more cases to heart. Some ALJ’s are ignoring medical evidence and denying cases they should award under the law. This case shows how difficult it is for even the most impaired individuals to win disability benefits when they cannot work.
You will be happy to know that we did not give up the fight in this case. Cannon Disability law did appeal the case and the Appeals Council gave us a remand. This sent the case back to another ALJ. The new ALJ did grant the case. The new ALJ read the medical records and found the old ALJ was wrong. The ALJ did overturn the old decision and gave the full disability benefit for Cerebral Palsy.
This example shows why you should not give up. Do not give up fighting for your disability benefits just because the government denies your case. There is a very high chance the SSA is ignoring the objective medical evidence that proves disability in your case. If the SSA has denied your claim, contact our office at www.cannondisability.com or call us at 1-801-322-2121. We have the experience and the determination to fight for the disability benefits that you deserve. Contact Cannon Disability Law if you need to #apply for benefits, file an #appeal, or you need an experienced attorney to represent you in court.