I represent a claimant whose Social Security Disability (“SSD”) claim was denied by Administrative Law Judge (“ALJ”) Seymour Rayner on the grounds that she could do sedentary work. My appeal to federal court was granted today by Judge Joseph Bianco.
The ALJ, as well as the Appeals Council, ignored the report from the claimant’s rheumatologist because she started treating the claimant after her date last insured. I argued that treating physicians are allowed to provide retrospective opinions. The Judge agreed. I also argued that every argument the SSA made in support of denying SSD benefits was never made by the ALJ, and therefore had to be rejected as post hoc. The Judge also agreed.