Alj Ignores Doctors’ Opinions And Denies Claimant With Cerebral Palsy – Don’t Let This Happen To You
It is getting more and more difficult to win disability benefits. Recently, an ALJ denied a claimant with Cerebral Palsy, 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.
The ALJ’s findings contradict the medical record which was developed by the Social Security Administration. 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 and should have been found disabled. 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? 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 and the ALJ’s are ignoring medical evidence and denying cases that should be granted under the law. This case shows how difficult it is for even the most impaired individuals to win disability benefits when they cannot work. Do not give up fighting for your disability benefits just because the government says you are not disabled. 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 earned by working and paying your taxes. 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.