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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.

John E. Horn of Horn & Kelley, PC, Attorneys at Law, national leaders in social security disability law who concentrate their practice in Chicagoland and Northwest Indiana, won a fully favorable post-remand Administrative Law Judge decision June 24, 2013, because their client equaled listing 13.19 for liver cancer.

Claimant had appeared unrepresented at his first hearing and was denied October 5, 2011.  He retained Horn & Kelley, who submitted new and material evidence to the Appeals Council. The medical evidence in claimant’s file indicated that in August, 2010, he had been found to have a hepatic lesion suspicious for hepatocellular carcinoma. The new and material evidence showed that on a follow-up visit on April 13, 2011, claimant was diagnosed with hepatocellular carcinoma demonstrated by CT scan.  The Appeals Council reversed and remanded Nov. 27, 2012.

At the hearing on remand, a Medical Expert testified that claimant has hepatocellular carcinoma demonstrated by CT scan and high AFP protein, and that listing 13.19 was equaled July 30, 2010.  The Administrative Law Judge granted the claim as of that date.

Horn & Kelley can win your case at any level, but the earlier you retain them the better!  Do not wait until you have lost your claim before you contact Horn & Kelley.  They have represented clients in social security disability claims in Alabama, Arizona, Florida, Illinois, Indiana, Michigan, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.

John E. Horn of Horn & Kelley, national leaders in social security disability law who concentrate their practice in Chicagoland and Northwest Indiana, won a Northern District of Illinois Court remand July 1, 2013, for a new hearing in Murray v. Astrue, 10 C 7561.

The Administrative Law Judge (“ALJ”)’s questions to the Vocational Expert at the hearing did not include any reference to mental limitations.  The ALJ found that Plaintiff suffered moderate difficulties in maintaining concentration, persistence or pace.  The Commissioner argued that the ALJ properly accounted for this limitation by limiting Plaintiff to unskilled work.  The Court rejected the Commissioner’s argument, holding that a limitation to unskilled work is no substitute for an assessment of the ability to maintain concentration, persistence and pace.  The matter is remanded to the agency for further proceedings.

Horn & Kelley can win your case at any level, but the earlier you retain us the better!  We have represented clients in social security disability claims in Alabama, Arizona, Florida, Illinois, Indiana, Michigan, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.