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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 15)
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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These limitations, by 3 opinions in the record, preclude Claimant from performing the full range of medium work, as found by the courts in Welch, Walker, Marbury, and Jones, cited above. The courts have established that when a Claimant is limited to less than the full range of work at a given level of exertion, then exclusive reliance on the grids is inappropriate and the ALJ should get the testimony of a vocational expert to determine whether the claimant can perform other jobs in the national economy.
It was legal error that the ALJ did not require testimony by a vocational expert since the evidence supports a finding that the claimant cannot perform the full range of medium work. This legal error requires reversal of the Decision and remand to allow the testimony of a vocational expert.
Conclusion
The administrative decision is not supported by substantial evidence nor rendered under proper legal standards. These errors warrant reversal and either a grant of benefits or remand for further consideration as argued above.
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