Alabama ALJ Erred in Evaluating Social Security Disability Claim Under Listing 12.05

The Columbus, GA Social Security Disability Lawyers of Carmichael Law Group LLC are pleased to report in Acoff v. Colvin, the Honorable Judge Capel for the Middle District of Alabama recently determined that the ALJ erred in the evaluation of the claimant’s mental retardation and Listing 12.05. In our brief before the Court, we challenged “the ALJ’s determination that [the claimant did] not suffer the severe impairment of mental retardation and that [the claimant] did not meet the requirements of Listing 12.05.” In agreeing that the ALJ erred in denying benefits, the Court wrote that it was “unable to fully review the ALJ’s determination here, as it appears the ALJ failed to apply the proper criteria in evaluating whether Plaintiff met the requirements of Listing 12.05. The Court finds that remand is necessary where; in this case, Plaintiff appears to have met the criteria for the Listing.”

We look forward to the opportunity to continue advocating on our client’s behalf at a new administrative hearing. We agree with the Acoff Court’s indication that our client meets Listing 12.05. If you have recently received a denial notice from the Appeals Council, we encourage you to not give up and have your matter evaluated by an attorney that handles Federal Court Social Security appeals.

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