Disability Law Claims Blog

A judge may not always follow the laws...

With every Social Security Disability case an administrative law judge (ALJ) hears, they must evaluate whether a claimant can perform his/her past relevant work. During this process, the ALJ must determine if the claimant's past work meets the agency's requirements of substantial gainful activity (SGA).

Our firm is fighting to appeal a recent decision in which an ALJ committed a legal error when he found that our client could return to his past relevant work. The fact is, our client has no history of achieving substantial gainful activity. The ALJ further erred by finding the claimant was not disabled due to the claimant's ability to perform his past relevant work.  Past relevant work was non-existent in this case. This legal error requires remand for proper consideration as to what type of work the claimant can perform, if any at all.

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.

Labels: administrative law judge ALJ error legal Social Security