Horn & Kelley wins in District Court again

Written by John Horn. Posted in Blogs

Horn & Kelley, national leaders in social security disability law, won on June 19 a district court remand in Webster v. Colvin, 12 C 3513.  The District Court reversed and remanded for a new hearing because the administrative law judge (“ALJ”) erred in assessing Plaintiff’s credibility, primarily because the ALJ failed to explain the reasons for rejecting Plaintiff’s claims of limitations from pain.  The ALJ did not say what weight she gave to Plaintiff’s testimony.  The ALJ stated both that Plaintiff was and was not referred to a pain clinic when in fact Plaintiff was.  The ALJ stated that Plaintiff’s treatment had not changed when in fact it had.  The ALJ improperly rejected Plaintiff’s testimony about pain because there were no restrictions in the file from a treating physician when Plaintiff could not afford a treating physician.  The ALJ failed to address Plaintiff’s combination of impairments.  The ALJ improperly relied on Plaintiff’s minimal activities of daily living to discredit her.

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