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.