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…Learn More
ALJ Failed to Properly Refute the Treating Physician’s Medical Opinions
We are pleased to report in Bland v. Colvin, the Commissioner of Social Security agreed that the ALJ failed to properly refute the medical opinions expressed by the claimant’s treating physician. After the ALJ issued an unfavorable decision in which the Appeals Council upheld, we are very happy that the Commissioner finally recognized the clear error of law advanced in our brief and agreed to a joint motion to remand pursuant to sentence four. Pursuant to the Court’s Order, upon remand our client will receive a new administrative hearing where the ALJ is specifically ordered to properly evaluate the opinion evidence of record. If you live in Alabama or Georgia and the Appeals Council has recently denied your request for review of the ALJ’s unfavorable decision, our Social Security Disability Attorneys would be delighted to review your matter to see whether or not we could help you file a civil…Learn More
Is Listing 12.05 still a viable theory for a Social Security Disability allowance?
Despite Social Security’s Listing 12.05 specifically dealing with Intellectual Disability, it seems more and more Administrative Law Judges (ALJs) either dismiss this listing or find ways around providing an allowance under it. The Social Security Disability Attorneys (Columbus, GA) of Carmichael Law Group LLC are pleased to report that in Turner v. Colvin, the United States District Court, for the Middle District of Alabama recently agreed with our position that the ALJ erred in his evaluation of Listing 12.05. In determining the ALJ failed to perform any analysis with respect to the introductory paragraph, the Turner Court noted that “the Commissioner asserts that Plaintiff did not meet the requirements of the introductory paragraph and invites the court to analyze the ‘overall record’ and make the introductory paragraph determination. The court could just as easily infer from the ALJ’s opinion that because she evaluated the requirements of paragraphs A, B, C,…Learn More
