Federal Court Remand Obtained by Auburn, AL SS Attorney

The Auburn, AL Social Security Disability Lawyers of Carmichael Law Group LLC are pleased to announce in Brooks v. Colvin, 3:15-CV-00851WC (M.D. Ala. October 26, 2016), the Honorable Judge Capel for the Middle District of Alabama determined that the ALJ committed reversible error in failing to properly consider the teacher evaluation. The Court noted that the ALJ failed to “provide reasoning for discounting the teacher’s evaluation.”

In reaching this favorable outcome, Social Security Lawyer Brian Carmichael argued “that the Commissioner’s decision should be reversed because the ALJ failed to meaningfully consider the evidence submitted by the minor claimant’s teacher . . . through a teacher questionnaire…” More specifically, our Social Security Attorney [Opelika, AL] argued that “the ALJ erred by ignoring the evidence in the report that is patently inconsistent with the ALJ’s ultimate functionality findings.” The Court agreed finding that the ALJ “must explain the weight afforded to ‘obviously probative exhibits[,]’ or the reasoning in his decision must sufficiently enable a court to conclude that the ALJ fully considered the claimant’s condition, and did not ignore evidence . . . that was patently inconsistent with the ALJ’s ultimate findings.”

Because the ALJ failed to sufficiently discuss the reasons for discounting the teacher’s questionnaire, the court remanded the case for “the ALJ to properly consider the teacher evaluation, and all other evidence in the record, pertaining to minor claimant’s limitations in the six different domains.”

We are looking forward to arguing on our client’s behalf in the new administrative hearing and advocating for him to get the Social Security benefits that he deserves. If you live in Alabama or Georgia and your claim was recently denied by the Appeals Council, we will happily review your matter to determine if we can assist you in filing a civil action in Federal Court.  Also, we help disability claimants at all level of the disability determination process so give us a call today so we can begin working on your Social Security case.

 

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