Horn & Kelley, national leaders in Social Security Disability law, won another United States District Court case Aug. 28, 2013, in Koppers v. Colvin, 12 C 3993. The case was reversed and remanded to the Social Security Administration for another hearing. The Administrative Law Judge’s improper rejection of several pieces of evidence favorable to Plaintiff based on the Administrative Law Judge’s illogical or erroneous statements, and the failure to address other favorable evidence, fatally undermined the Administrative Law Judge’s credibility analysis in her decision against Plaintiff. The Administrative Law Judge erroneously failed to explain adequately her reasoning for nor giving controlling or great weight to the opinion of Plaintiff’s treating physician. In determining Plaintiff’s residual functional capacity, the Administrative Law Judge improperly played doctor by using her own lay opinions to fill evidentiary gaps in the record.
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Horn & Kelley, national leaders in social security disability law, won an Appeals Council remand Aug. 13, 2013. Claimant’s alleged past relevant work was done as part of a composite job. A claimant can be found capable of performing a composite job as actually performed only when she can perform all parts of the job. The vocational expert testified the claimant’s residual functional capacity would allow for performance of one part of the job, but not the other. Because the composite job does not have a counterpart in the dictionary of Occupational Titles, it is not to be evaluated when considering the claimant’s ability to do the job as generally performed in the national economy. Claimant may not have past relevant work as defined by SSR 82-62. Call Horn & Kelley at 877-614-8861 or 888-921-5297.
Will the attorney you hire be the representative who goes to the Social Security Disability hearing with you? Or will you sign on with an experienced attorney who passes you off to a paralegal or an inexperienced lawyer to represent you at your hearing? When you hire Horn & Kelley, you get John Horn with 37 years of experience as an attorney or Elizabeth Kelley with 34 years of experience as an attorney, to go to your hearing with you. Call Horn & Kelley at 877-614-8861 or 888-921-5297.
Horn & Kelley represent claimants in Social Security Disability proceedings at all levels, from application through reconsideration, ALJ hearing, Appeals Council review, U.S. District Court, U.S. Court of Appeals, and U.S. Supreme Court. We represent claimants primarily in Chicagoland and Northwest Indiana but have also represented claimants in Alabama, Arizona, Michigan, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.
Last year Horn & Kelley had more cases published in the Forum of the National Organization of Social Security Claimants’ Representatives (where last year’s important social security disability cases are published) than any other lawyers in the country.
If you need help with a social security disability claim, please do not hesitate to call 888-921-5297 or 877-614-8861. Unlike altogether too many others in this field, we do not routinely bail out on clients after an unfavorable ALJ decision. Similarly, our clients are accompanied at ALJ hearings by attorneys with more than 30 years of experience each–clients are not passed off at this critical stage to recent law school graduates or paralegals.
On May 3, 2013, Horn & Kelley, PC, national leaders in Social Security Disability Law, prevailed upon the U.S. Court of Appeals for the 7th Circuit to remand for an award of benefits in Hamilton v. Colvin, 12-3085. The mandate issued on July 15, 2013. Neither the medical nor non-medical evidence in the record supported the administrative law judge (“ALJ”)’s finding that Plaintiff-Appellant exaggerated her limitations. The ALJ’s credibility finding was improper because the ALJ misrepresented the Plaintiff-Appellant’s testimony as inconsistent. Plaintiff-Appellant did not contradict herself.
Do you have a social security disability case at a hearing office in Carbondale, Danville, Evanston, Oak Brook, or Peoria, Illinois? Evansville, Fort Wayne, Indianapolis, or Valparaiso, Indiana? Detroit, Flint, Grand Rapids, Lansing, Livonia, Mount Pleasant, or Oak Park, Michigan? Your case could be heard in Orland Park, Illinois, near the office of Horn & Kelley, PC, Attorneys at Law, national leaders in Social Security Disability Law. Call Horn & Kelley today at 888-921-5297 or 877-614-8861.
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.