• Social Security Disability
• Veterans' Disability
• Long-Term Disability
• SSA & VA Federal Appeals

Videos

Library

Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 14)

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

Previous Page

When a claimant cannot perform a full range of work at a given level of exertion or the claimant has non-exertional impairments that significantly limit basic work skills, exclusive reliance on the grids is inappropriate. In such cases, the Commissioner's preferred method of demonstrating that the claimant can perform other jobs is through the testimony of a VE. Jones v. Apfel, 190 F.3d 1224, 1229 (11^th Cir. 1999).

In this case, the ALJ states in his Decision that he relies upon the report of the post-Hearing consultative examiner in Finding Claimant not disabled and gives great weight to that report. Notwithstanding the fact that the ALJ violated the Claimant's due process rights by not allowing the Claimant or his counsel to review that report and respond to it prior to relying on it in finding Claimant not disabled, it was also legal error that the ALJ relied on the report and then found Claimant capable of the full range of medium work! That is not what the consultative examiner stated. The consultative examiner found Claimant limited to only occasionally (up to 1/3 of the workday) able to climb stairs and ramps, and climb ladders or scaffolds. He limited Claimant to only frequently (up to 2/3 of the workday) able to balance, stoop, kneel, crouch, crawl, work at unprotected heights, work around moving mechanical parts, and operate a motor vehicle. Even the file-reviewing persons who completed the check-the-box forms stated Claimant had postural limitations - one limited Claimant to occasional (less than 1/3 of the time) climb ramp/stairs, balance, stoop, kneel, crouch, and crawl but frequent (2/3 of the time) climb ladder/rope/scaffolds. The file-reviewing physician limited Claimant to occasional (less than 1/3 of the time) climb ramp/stairs, climb ladder/rope/scaffolds, balance, stoop, kneel, crouch, and crawl.

Continue to next page
Return to Case Results
Contact us for a FREE evaluation of your case

* The Law Office of LaVan & Neidenberg represents disabled people across the nation. Our firm advertises on television in: Fort Lauderdale, Miami-Dade County, Florida; Broward County, Florida; Palm Beach County, Florida; Atlanta, Fulton County, Georgia; and DeKalb County, Georgia. Click here to watch a television commercial.

You want the upper-hand on your Social Security Disability claim - don't you? Then request a FREE copy of our publication Secrets Social Security Won't Tell You to learn valuable insider tips on how you can increase the chances of winning your claim. This report normally sells for $14.95 but we will send it to you at no cost if you ACT NOW!  

Free Reports

Free Consultation

Petitions

Spotlights

Tampa

Palm Beach

Naples

Miami

Fort Lauderdale

Atlanta