A claimant retained me to file an action in federal court seeking Social Security Disability (“SSD”) benefits. Magistrate Judge (“MJ”) Ronald Ellis recommended that the ALJ’s decision be reversed, and remanded solely for a calculation of SSD benefits, which was unusual since most SSD cases are denied or remanded for another hearing.
MJ Ellis had ruled that “it is well-settled that rejecting the opinion of a treating physician solely based on internal inconsistencies is error,” and that the Administrative Law Judge denied the claim by substituting her opinion for that of competent medical evidence. Today, U.S. District Court Judge Paul A. Crotty adopted Magistrate Judge Ellis’ reasoning, which constitutes a complete victory for the claimant.
When seeking an attorney to handle your SSD claim you should ask about their experience litigating SSD cases. Lacking a thorough understanding of the issues that are relevant in federal court at the administrative level can lead to waiving those issues if the claim needs to be appealed to federal court.