Monday, September 29, 2008

ALJ Hoppenfeld

Administrative Law Judge (the “ALJ”) Marilyn Hoppenfeld is an ALJ who dislikes Social Security Disability (“SSD”) applications that are based on fibromyalgia. On August 5, 2008, I appealed ALJ Hoppenfeld’s denial of my client’s SSD application. The Appeals Council, In a tacit indictment of ALJ Hoppenfeld’s grossly defective decision, rejected it in less than two months. Two years is a typical wait time for a decision from the Appeals Council.

The reason for the rapid reversal is two fold. I did not wait to receive copies of the hearing exhibits or a tape of the hearing, which usually takes months or even a year. Second, knowing ALJ Hoppenfeld’s propensity for denying fibromyagia claims, which is detailed in reported case law reversing her adverse fibromyalgia decisions, I made sure to create a well documented medical record. I submitted medical reports from the claimant’s rheumatologists, internist, physical medicine and rehabilitation specialists, and podiatrist. Not surprisingly, ALJ Hoppenfeld failed to state the basis for rejecting the opinions of the claimant’s treating physicians.

ALJ Hoppenfeld had a vocational expert (“VE”) appear at the hearing. On cross examination, I got the VE to testify that, in accordance with the reports of the treating doctors, there were few, if any, occupations that the claimant could perform on a sustained basis. Incredibly, while Hoppendfeld conceded that fact, she denied the case anyway. The Hoppenfeld decision was so obviously defective that the Appeals Council apparently saw the need to reject it with all due haste.

2 comments:

David said...

Ms.Hoppenfeld is a spiteful public servant, she thinks she is God in her very public office. Ms. Hoppenfeld has made errors in her final decisions and has said to me that after years of getting to a hearing, she did not have time to read my file during the hearing she was supposed to be giving her oath of office fairly, but that did not happen, I feel she is a thief and a lier and has don a poor job at her job.

David said...

Ms. Hoppenfeld is a very spiteful and dangerous public servant, she uses her very public office as if she is God! Ms. Hoppenfeld has made medical decisions in her case as though she was a doctor and at the time of my hearing which took years to get there she said more than once that she did not have time to read the file, in her decision she left out one of my operations and made comments to the effect that I was an illicit drug user, who the hell she think she is to say such, and I want to see her proof to back that up!