John E. Horn of Horn & Kelley, PC, Attorneys at Law, a Tinley Park social security disability lawyer, on June 23, 2014, won in the United States District Court for the Northern District of Illinois a new hearing for a client who suffered from diabetes, neuropathy, depression, anxiety, shortness of breath, pain, and obesity. The case was Smith v. Colvin, 12 C 5116, N.D. Ill., June 23, 2014. Social Security failed to consider two pieces of evidence that did not support its assessment of the claimant’s residual physical functional capacity: the opinion of the consultative mental examiner (a Global Assessment of Functioning of 45) and the results of a pulmonary function test. Social Security’s failure to address the apparent conflict of its conclusion that claimant was not disabled with claimant’s GAF of 45 (which indicates disability) left the Court unsure Social Security had considered all the evidence. Social Security also erred in not explaining the weight given the opinion of the consultative mental examiner. These errors were not harmless. Social Security unquestionably failed to consider the pulmonary function test, which was submitted after the hearing but before the decision, and still had to be considered.
The claimant was denied social security disability benefits throughout the entire administrative process. Horn said, “It’s unfortunate that decision makers at lower levels did not understand how serious my client’s impairments are. I’m relieved I was able to win a new hearing for my client.” Horn is a Tinley Park social security disability lawyer who represents people on social security disability claims at every level in Chicagoland, Northwest Indiana, and nationwide. Horn & Kelley has offices in Chicago, Tinley Park, and Lagrange, Illinois, as well as Highland, Indiana. They have represented clients in Alabama, Arizona, California, Florida, Illinois, Indiana, Iowa, Michigan, Minnesota, Mississippi, Missouri, Tennessee, Texas, and Wisconsin. Horn & Kelley represent claimants at all levels, from the initial application to the United States Supreme Court.
For a free evaluation of your social security disability claim by a Tinley Park social security disability lawyer, call Horn & Kelley at 888-921-5297. If you would like to have Horn speak to your group, call him at 708-614-8833. His email address is hornkelleylaw.com. You can learn more about Horn & Kelley at their website www.johnehornattorney.com. Follow Horn & Kelley on Twitter @HornKelleyLaw