Horn & Kelley, national leaders in social security disability law, won on March 11 in the United States Court of Appeals for the Seventh Circuit a new hearing on the issue of whether their client’s sciatica, angina, degenerative disc disease, fibromyalgia, and diabetes, entitled her to social security disability. Thomas v. Colvin, 13-2602 (7th Cir., March 11, 2014).
As to credibility, minimal treatment for pain did not justify discrediting claimant’s testimony. [Slip Op. at 5] The ALJ ignored evidence contrary to her unfavorable finding, mischaracterized favorable evidence as unfavorable, and improperly discredited claimant for want of medical necessity. [Slip. Op. at 6]
Regarding RFC, the failure to consider claimant’s impairments in combination, particularly those ruled non-severe, along with a factual error about claimant’s impaired thumb, left gaps in the accurate and logical bridge an ALJ must build between the evidence and her conclusion.
Call Horn & Kelley, PC, Attorneys at Law, for a free evaluation of your social security disability claim at 888-921-5297.