‘A Black Hole’: Don’t bother complaining about an ALJ’s bias

Lawyer gets ‘landmark’ win for Social Security claimant

By Peter Vieth
Published: December 14, 2010
Tags: Administrative Law Judges, Federal Courts, Social Security

Social Security disability cases often are fraught with denials and delays, but a recent decision in favor of a 52-year-old former nursing assistant traveled an exceptionally tangled path. Janice Traynham’s claim for benefits was considered in four hearings before administrative law judges and was twice remanded by a U.S. district judge before she finally won [...]

Social Security – Conflicting Medical Opinion – Credibility

By Deborah Elkins
Published: August 24, 2010
Tags: Judge Dennis Dohnal, Social Security, U.S. District Court - Eastern District

Although claimant’s continued receipt of her son’s SSI checks after she no longer cared for him “reflected poorly” on claimant’s integrity, the administrative law judge’s credibility determination was not the only reason for denial of social security benefits, and in light of conflicting medical evidence and the ALJ’s failure to account for a particular treating [...]

Social Security – Disability Benefits – ‘New’ Evidence

By Deborah Elkins
Published: May 27, 2010
Tags: Judge James P. Jones, Social Security, U.S. District Court - Western District

A Big Stone Gap U.S. District Court upholds a denial of social security disability benefits to a woman who formerly worked as a registered nurse, as the “new evidence” cited by claimant does not make any new findings or diagnoses. Claimant argues the ALJ failed to fully consider findings of state agency neurologist Dr. Jack [...]

Social Security – Disability Benefits – New Medical Reports

By Deborah Elkins
Published: May 10, 2010
Tags: Judge James P. Jones, Social Security, U.S. District Court - Western District

Because the Appeals Council considered four additional medical reports submitted by claimant after the ALJ denied benefits, including psychiatric reports not previously submitted, the Big Stone Gap U.S. District Court says the ALJ’s decision is not based on substantial evidence and the case must be remanded. It is the role of the ALJ, not this [...]