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SSA & VA Federal Appeals
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 8)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 7)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 6)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 5)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 4)
Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 12)
Disabilities: Arthritis, Diabetes, and Hypertension
Federal Social Security Brief: Appeals Council Disability Denial
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida
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Medical evidence exists in the record that the Claimant is more limited than the consultative examiner found, and more limited than the file-reviewing persons who completed the check-the-box forms found. Claimant had complained for years about his pain in the right hand and inability to use his right hand. He testified to that at the Hearing. Yet the consultative examiner post-Hearing found NO limitations with use of the hands. Further, although the Claimant has complained for years to his treating doctors about ankle and knee pain, the post-Hearing consultative examiner found him capable of continuously operating foot controls! The Claimant nor his counsel never had a chance to review and respond to these allegations.
It was legal error for the ALJ to give great weight to this opinion and rely on it in finding Claimant not disabled when he did not allow Claimant or his counsel an opportunity to view the report or respond to the Findings. This legal error requires reversal of the ALJ's Decision and remand to allow the claimant and his counsel the opportunity to review the report and respond to it.
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