Disability Law Claims Blog

When an ALJ does not consider the opinions of your doctors...

In some instances, the Appeals Council will remand a case back to the administrative law judge (ALJ) who denied the claim.  The Appeals Council provides specific instructions that the ALJ must follow in deciding the claim.  In this particular remand order, the Appeals Council ordered the ALJ to give further consideration to the claimant's treating source opinions and explain the weight given to such opinion evidence.  Although the ALJ cited to the remand order in his decision, he disregarded the Appeals Council's order and failed to explain whether Dr. Jean-Louis's medical opinion should be given great or little weight in this case.

In his decision, the ALJ briefly mentioned that the claimant treated with Dr. Jean-Louis at Jefferson Reaves from 2005 through at least July 2008.  In addition, the ALJ cited to the residual functional capacity assessment completed by Dr. Jean-Louis on July 11, 2008.  However, the ALJ failed to evaluate any of Dr. Jean-Louis's treatment notes and failed to evaluate Dr. Jean-Louis's July 2008 assessment.  Moreover, the ALJ clearly failed to explain whether Dr. Jean-Louis's medical opinion should be given great or little weight in this case.

Treatment notes dated October 17, 2007, from Dr. Jean-Louis, showed the claimant was diagnosed with chronic low back pain with associated left lower extremity weakness.  Dr. Jean-Louis's treatment notes, dated December 12, 2007, confirmed the claimant continued to suffer from chronic back pain with associated weakness and paresthesias.  On July 11, 2008, Dr. Jean-Louis stated the claimant was diagnosed with chronic low back pain with poor prognosis and symptoms including pain and weakness.  In addition, Dr. Jean-Louis limited the claimant to sitting for 20 minutes at one time; standing for 10 minutes at one time; taking unscheduled breaks every 1-2 hours lasting 15 minutes each; never lifting 20 pounds; and being absent more than 4 days per month as a result of her severe impairments.

The ALJ had a duty to evaluate all of the claimant's treating physicians and explain the weight given to such opinion evidence.  It should be noted, Dr. Jean-Louis's residual functional capacity assessment clearly precludes the claimant from performing any job on a full time basis and is consistent with his ongoing treatment notes since 2005.  As a result, the ALJ's decision should be reversed and benefits granted, or in the alternative, the matter remanded to give further consideration to the medical conclusions of all the claimant's treating source opinions.

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 appeals council back pain chronic decision remand