Recent Appeals Council Remand

Written by admin. Posted in Blogs

Horn & Kelley recently prevailed in an Appeals Council remand for our claimant. The Administrative Law Judge’s (ALJ) decision did not adequately assess the claimant’s mental residual functional capacity (“RFC”) because there was no discussion of the work-related functions related to deficiencies in social functioning. The ALJ who found claimant’s physical RFC to be “medium” on the basis of the Medical Expert’s (“ME”) testimony during direct examination failed to consider the ME’s testimony during cross-examination that the RFC should be automatically dropped to “light” because of the claimant’s knee impairments. The claimant will be scheduled for a new hearing.

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