Judge Bianco of the Eastern District of New York recently rejected the decision of an ALJ, which denied Social Security Disability benefits to my client. Judge Bianco accepted my argument that the reasons the Social Security Administration (“SSA”) gave for rejecting the treating doctor’s opinion were “post hoc”.
I have a case that was just argued before the Second Circuit involving another claimant, Botta v. Colvin. The district court judge accepted the SSA arguments as to why the ALJ properly rejected the treating doctor’s opinion that the claimant could not use her legs to work as a sewing machine operator. My argument was that the SSA arguments were never made by the ALJ, rendering them impermissibly post hoc.
Hopefully, the Second Circuit will agree, and end the claimant’s 15 year struggle for SSD benefits.