Judge Ronnie Abrams rejected the decision of Administrative Law Judge ("ALJ") John Carlton that our client from the Bronx with spinal impairments was not disabled. The decision is of significant importance because Judge Abrams clarified that "the law that an ALJ may not substitute his own medical opinion for that of a physician" even after the treating physician rule was decodified. Thus, an ALJ cannot base a residual functional capacity ("RFC") assessment on his own interpretation of the medical evidence. In order for an RFC to be supported by substantial evidence it must be based on a physician's opinion.
It is vital to make sure that the disability attorney who will represent you when applying for Social Security Disability will also fight for you in Federal Court if necessary. Not many disability attorneys are qualified and willing to litigate their clients' claims if they have to go to Federal Court, and they will refer you to a litigation attorney. We can and do litigate our clients claims. Please feel free to call our office for a free phone consultation. Our offices are located on Long Island in both Nassau and Suffolk counties.
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