Denied Social Security Disability? Don’t Give Up! Disability Attorney Brian Carmichael had a client that wanted to give up because their disability case was denied multiple times. The first administrative hearing was in 2008 in Selma, Alabama. The client had been unable to work since 2005. She was then denied in 2008 but we continued to appeal her case. Amidst the appeals, in 2017 an administrative law judge went back to 2005 and said that she was actually disabled the whole time as we asserted. During that time from 2008 to 2017 she wanted to give up because she was discouraged by the denials. Alabama & Georgia Disability Lawyer Brian Carmichael believed in her case and partnered with her to keep fighting unjustified denials. This is a prime example of not giving up on your disability case. If you are not able to work due to your medical conditions and…Learn More
The National Trial Lawyers Announces Brian R. Carmichael as One of Its Top 40 Under 40
Carmichael Law Group LLC is pleased to announce that Brian R. Carmichael has been selected for inclusion into The National Trial Lawyers: Top 40 Under 40 Civil Plaintiff Trial Lawyers in Alabama, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law. The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United…Learn More
Opelika Disability Lawyer Obtains Another Favorable Federal Court Remand
The Opelika, AL Social Security Disability Lawyers of Carmichael Law Group LLC are pleased to announce in Kelly v. Colvin, 2:15-CV-380-CSC (M.D. Ala. May 23, 2016), the Honorable Judge Coody for the Middle District of Alabama determined that the ALJ committed reversible error in failing to apply the proper legal standard and improperly took judicial notice of facts not in evidence. The Court found that the ALJ did not conduct a searching inquiry into the plaintiff’s financial condition as it related to his lack of ability to seek medical treatment before issuing her negative credibility finding. Social Security Disability Attorney Brian Carmichael argued that “[t]he Commissioner’s decision should be reversed because in issuing her negative credibility finding the ALJ failed to apply the proper legal standard and improperly took judicial notice of facts not in evidence.” The Court took note of the fact the ALJ did not ask Claimant about…Learn More
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…Learn More
Court Determined ALJ Erred and Awarded Disability Benefits
The Social Security Disability Lawyers (Opelika, AL) of Carmichael Law Group LLC are pleased to announce in Sweetwyne v. Colvin, 3:15-CV-218 (M.D. Ala. April 29, 2016), the Honorable Judge Coody for the Middle District of Alabama held that the ALJ committed reversible error by failing to apply the RFC (residual functional capacity) correctly in finding jobs that claimant could potentially perform. Based on the RFC adopted by the ALJ, the vocational expert testified that the plaintiff could not perform his past relevant work and no jobs existed in the national economy that the plaintiff could perform. Carmichael Law Group Disability Attorney Brian Carmichael argued “based on the vocational expert’s interrogatories and the RFC as determined by the ALJ, there are no jobs that he can perform, and thus, he is entitled to an award of benefits.” The Court agreed finding that there are no jobs available for claimant and “there…Learn More
ALJ Failed to Properly Consider Side Effects of Medications
The Social Security Disability Lawyers (Columbus, GA) of Carmichael Law Group LLC are pleased to announce in Burden v. Colvin, 2:14-CV-915 (M.D. Ala. March 31, 2016), the Honorable Judge Walker for the Middle District of Alabama determined that the ALJ committed reversible error in failing to consider the side effects of the Claimant’s prescription medication and in failing to fully develop the Claimant’s medical history. The ALJ’s failure to address Claimant’s testimony about the side effects of her medications was legal error which prevented the consideration of substantial evidence about her disability. The Court also found that the ALJ has the responsibility to fully develop the medical history of claimant and “fully and fairly develop the record.” Social Security Disability Attorney Brian Carmichael argued “the side effects of medication could render a claimant disabled or at least contribute to a disability.” The Court found that the ALJ has a duty…Learn More
Alabama ALJ’s Opinion Reversed due to inadequate evaluation of Claimant’s Mental Conditions
The Disability Lawyers (Auburn, AL) of Carmichael Law Group LLC are pleased to report in Kelley v. Colvin, the Honorable Judge Walker of the United States District Court, Middle District of Alabama recently agreed with our brief that the ALJ’s decision failed to properly reject the medical opinions expressed by the treating psychiatrist. In the brief before the Court, our Columbus, GA Social Security Disability Attorney argued that the ALJ improperly rejected the treating psychiatrist’s medical opinion. Further compounding that legal error, we argued that the Administrative Law Judge failed to obtain the opinion of a qualified psychiatrist and instead improperly played both Judge and mental health professional by determining himself the work-place limitations imposed by the diagnosed mental conditions. In agreeing with our positions, the Court determined that “the ALJ’s decision in the present case does not reflect that he considered all of the probative evidence. Additionally, neither the…Learn More
Alabama Social Security ALJ Failed to Properly Evaluate Pain Testimony
The Auburn, AL Social Security Disability Attorneys of Carmichael Law Group LLC are pleased to report in Spinks v. Colvin, 3:12cv1095-SRW (M.D. Ala. July 18, 2014), the Honorable Judge Walker of the United States District Court for the Middle District of Alabama recently agreed with our position that the ALJ committed reversible error in failing to provide specific rationale for rejecting the testimony provided by the claimant. In the brief before the Court, our Alabama Disability Attorney argued that pursuant to Eleventh Circuit case law and Social Security Ruling 96-7p, if the ALJ refused to credit subjective pain testimony she must articulate specific reasons for questioning the claimant’s credibility. As the ALJ failed to provide specific reasons to reject claimant’s testimony, we specifically requested that the Court reverse and remand the case consistent with the Court’s Murray opinion. In agreeing with our position, the Court determined that “the ALJ failed…Learn More
Alabama ALJ Failed to Evaluate Opinion Evidence in Accordance with Social Security Ruling 96-6p
The Alabama Disability Attorneys of Carmichael Law Group LLC are pleased to report in Caldwell v. Colvin, Judge Capel of the United States District Court for the Middle District of Alabama recently agreed with our position that the ALJ failed to evaluate the medical opinions of the psychological state agency consultant as required by Social Security Ruling 96-6p. In the brief before the Court, our Alabama Disability Lawyer argued that the ALJ failed to explain the weight given to the psychological expert and such failure presented legal error because the expert’s opinions were more restrictive than the ALJ found in his residual functional capacity. The Commissioner of Social Security argued that “[a]ny mistake in not explicitly stating the weight given did not harm Plaintiff, and does not provide a basis for remand.” In agreeing with our position, the Court determined that “[i]n this case, remand is necessary not simply because…Learn More
Alabama Social Security ALJ Improperly Rejected Treating Physician’s Medical Opinions
The Opelika Social Security Disability Lawyers of Carmichael Law Group LLC are pleased to report in Munroe v. Colvin, 2:13-CV-202 (M.D. Ala. May 14, 2014), the Honorable Judge Walker for the Middle District of Alabama recently determined that the ALJ committed reversible error in rejecting the medical opinions expressed by the treating physician. In our brief before the Court, we argued that the ALJ’s general statement that the treating physician opinion was ‘neither consistent with nor supported by the other evidence of record’ was not sufficient rationale when the ALJ did not indicate what specific evidence conflicted with the treating physician’s opinion. In agreeing that the ALJ’s reasoning rejecting the treating physician’s opinion was in error, the Court wrote that “[t]he ALJ’s failure to cite the specific evidence of record that he found to be inconsistent with [the treating physician’s] opinion or to state with sufficient particularity how the opinions…Learn More
