Horn & Kelley win another Appeals Council remand for an Illinois client.
Horn & Kelley, national leaders in Social Security Disability law, won another remand for an Illinois client Aug. 29, 2013, because the Administrative Law Judge improperly denied their client’s request for a supplemental hearing. Post-hearing medical interrogatories from a medical expert were proffered to claimant; Horn & Kelley objected to the medical expert’s opinions and requested a supplemental hearing; the unfavorable hearing decision by the ALJ implicitly denied Horn & Kelley’s request for a supplemental hearing; HALLEX I-2-7-30 (H) provides that in these circumstances if a claimant requests a supplemental hearing, the ALJ must grant the request; therefore the denial of Horn & Kelley’s request for a supplemental hearing was an error or law.