When an ALJ omits important facts about your condition...

Obesity can cause significant non-exertional limitations.  The following example was taken from a Social Security Disability case our firm is currently appealing. In his decision, the administrative law judge (ALJ) states that the claimant is morbidly obese and she is unable to bend to tie her shoes. State agency Dr. Catano conducted a consultative examination on November 24, 2007, and concluded the claimant suffered from chronic low back pain syndrome and morbid obesity.  Dr. Catano concluded the claimant was 5' 0' and weighed 260 pounds, indicating a body mass index (BMI) of 50.77 and level III obesity (extreme obesity).  On physical examination, Dr. Catano concluded the claimant had tenderness and spasm in the lower back; positive straight-leg raising tests; and painful ambulation secondary to lower back pain and obesity.  The ALJ fails to mention and completely disregards that Dr. Catano concluded the claimant had significant range of motion limitations in the lumbar spine.  It should be noted, the ALJ accords controlling weight to Dr. Catano's medical opinion.  Treatment notes dated August 27, 2008, from Dr. Brooks, the claimant's treating chiropractor, confirmed the claimant continued to suffer from chronic low back pain and headaches.

In this case, the claimant suffers from severe lower back pain, headaches, and morbid obesity, resulting in significant non-exertional limitations.  Therefore, the ALJ was required to consult with a vocational expert due to the finding of non-exertional impairments.  This legal error requires reversal of the ALJ's decision and remand and requirement of vocational expert testimony to testify as to claimant's abilities.

The Law Office of LaVan & Neidenberg has helped thousands of claimants secure their Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency.

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.