Social Security Disability Remand No Substantial Evidenc

Written by John Horn. Posted in Social Security Disability

Horn & Kelley obtained an Appeals Council remand in a social security disability case in twenty days.   Their client will get a new hearing because there was no substantial evidence supporting the decision against her after her first hearing.

At that hearing, a Vocational Expert testified that there would be no work at the sedentary level for anyone with claimant’s other limitations.  After the hearing, claimant submitted evidence, including a podiatrist’s opinion, that demonstrated claimant had no more than a sedentary RFC.  Although the evidence arrived prior to the date the hearing decision was issued, it was not neither added to the exhibit list nor evaluated.  The Appeals Council reversed and remanded just twenty days after the filing of the request for review under the substantial evidence provision of the Social Security Administration regulations.  Claimant is to receive a new hearing.

Sciatica, angina, degenerative disc disease, fibromyalgia, diabetes, social security disability

Written by John Horn. Posted in Social Security Disability

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.

Horn & Kelley win Social Security Disability benefits for client with bipolar disorder

Written by John Horn. Posted in Social Security Disability

Horn & Kelley, national leaders in social security disability law, with Illinois offices in Tinley Park, Lagrange, and Chicago, and an Indiana office in Highland, won a fully favorable Administrative Law Judge decision of Jan. 16, 2014, because both listing 112.04 and 12.04 were met.

In response to medical interrogatories, a medical expert opined that claimant’s bipolar had been of listing level severity since the alleged onset date. It met the A criteria and in regard to the B criteria, there were marked limitations in claimant’s activities of daily living and social functioning, moderate limitations in concentration, persistence, and pace, and repeated episodes of decompensation, each of extended duration, with multiple inpatient hospitalizations. With regard to activities of daily living and social functioning, claimant threatened to cut her throat, is hypersexual, irritable, aggressive, impulsive, manipulative, promiscuous, has mood swings, has engaged in unprotected sex, has a childlike presentation, is unable to maintain socially appropriate behavior, and cannot respond appropriately to criticism. With regard to concentration, persistence, and pace, claimant is irritable, distracted, impulsive, has racing thoughts, poor sleep, concentration difficulty, is inattentive, distractible, unable to follow directions, impacted in her ability to learn by her impaired emotional functioning, and has exhibited rapid pressured speech, flight of ideas, and impulsivity. With regard to episodes of decompensation, claimant required emergency room and inpatient psychiatric care on many occasions, and there were at least seven inpatient hospitalizations with consistent diagnoses of bipolar affective disorder, severe, without psychosis. Claimant’s Global Assessment of Functioning ranged as low as 20 at times and usually fell between 30 and 40. She had a number of neurovegatative symptoms including anhedonia, poor concentration, insomnia, and anergia. She has regular suicidal ideations, chronic feelings of helplessness, hopelessness, and guilt. In an assessment of claimant’s ability to perform work-related activities, the medical expert indicated claimant has marked limitations in the ability to interact appropriately with supervisors and co-workers, perform activities within a schedule, maintain regular attendance, be punctual, accept criticism or instructions from supervisors, and maintain socially appropriate behavior.

Horn & Kelley have represented Social Security Disability benefits successfully in Illinois, Indiana, Michigan, Wisconsin, Missouri, Tennessee, Alabama, Arizona, and Texas. Call Horn & Kelley for a free evaluation of your social security disability claim at 888-921-5297. Follow us on Twitter.

Horn & Kelley Win New Social Security Claim In Federal Court

Written by John Horn. Posted in Cases Won, Claims Won, Social Security Disability

Horn & Kelley Win New Social Security Disability Hearing in Federal Court for Client with Neck and Shoulder Problems, as well as Carpal Tunnel Syndrome

John E. Horn of the law firm of Horn & Kelley, P.C., won a remand in Federal District Court for a new Social Security disability hearing in the case of a claimant with a torn rotator cuff in his shoulder, carpal tunnel syndrome in his hands, and degenerative disc disease in his neck. The claimant was denied benefits throughout the entire Social Security administrative process. Now he will get a new hearing where the evidence in favor of the claim has to be considered. Horn said, “The Social Security Administration acted as if it did not have to consider the evidence that favored allowance of the claim. It did not evaluate the severity of my client’s carpal tunnel syndrome. It misread the physical therapy records about his shoulder. I am proud to help people get a fair shake from the Social Security Administration.” Horn is an attorney who represents individuals at every stage of their Social Security disability claims. “Social Security is just a big insurance company, and like any other insurance company, it only wants to take in premiums and not pay benefits,” says Horn, who has helped thousands of workers get Social Security disability benefits. “No one should apply for Social Security disability without a lawyer.” For additional information, call John E. Horn at 708-614-8833

If you would like to have Horn speak to your group, call him at 708-614-8833

Horn & Kelley’s client equals social security listing 8.05 for psoriatic arthritis

Written by John Horn. Posted in Social Security Disability

Horn & Kelley, national leaders in social security disability law, on Nov. 15, 2013, won a fully favorable administrative law judge decision that their client equaled social security listing 8.05 for psoriatic arthritis since Oct. 17, 2007, and probably social security listing 14.09 for inflammatory arthritis as well.  The same administrative law judge had denied the claim in 2009 but Horn & Kelley took the claim to the United States District Court, which ordered another hearing.  For a free evaluation of your claim, call Horn & Kelley at 888-921-5297.

Horn & Kelley win Social Security Disability claim without a hearing.

Written by John Horn. Posted in Claims Won, Social Security Disability

Horn & Kelley, PC, Attorneys at Law, national leaders in social security disability law, won a disability claim without a hearing Oct. 17, 2013, because their client met social security listings 12.04 Affective Disorders and 12.08 Personality Disorders.  The paragraph A criteria of listing 12.04 were satisfied because claimant had suicidal ideation, sleep disturbance, feelings of worthlessness, poor concentration, and anhedonia.  The paragraph A criteria of Listing 12.08 were satisfied because claimant showed mood lability, aggresivity, excessive dependence, and impulsivity.  The paragraph B criteria of both listings were satisfied because claimant’s impairments caused moderate restriction in activities of daily living, marked difficulties in maintaining social functioning, marked difficulties in maintaining concentration, persistence or pace, and one to two episodes of decompensation, each of extended duration.  This was the opinion of a psychologist of the Social Security Administration in responses to interrogatories.  The opinion of claimant’s treating physician was consistent.  Claimant had a Global Assessment of Functioning of 40, indicating a serious mental impairment.  Call Horn & Kelley for a free evaluation of your disability claim today.  888-921-5297.

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