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
Attorney Brian Carmichael National Advocates Top 100 Bankruptcy Lawyer
The Columbus, GA Bankruptcy Lawyers of Carmichael Law Group LLC are pleased to announce that Mr. Brian R. Carmichael has again been selected for inclusion into The National Advocates, Bankruptcy Law specialty, for 2016-2017 an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field. The selection for this exclusive list is limited to only 100 attorneys per state who have demonstrated their extraordinary abilities with superior results, a high level of peer respect and client satisfaction. With the selection of Mr. Carmichael by The National Advocates, he has shown that he exemplifies superior qualifications, leadership skills, and case results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Advocates is an essential source of networking and information for trial…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 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
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…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
