Top 5 Biggest Mistakes Social Security Judges Make in Unfavorable Decisions
#1 – Are the S.S. Judges Assisting You in Collecting Your Missing Medical Records?
Hello, this social security disability attorney Tony Adderley and this is video one of my five-part video series on how to respond to the five biggest mistakes Social Security judges make when issuing unfavorable decisions. So, hopefully, what you’ll gain from this video series is some insights, some ideas on how to, one, get your case remanded back for a new hearing, or maybe possibly an outright reversal and that means an immediate award of benefits. Of course, a remand is much more likely than getting a new hearing.
So, one of the biggest mistakes Social Security judges make when issuing unfavorable decisions is not assisting you in collecting your missing medical records. Now the rules state that even if you had an attorney, the Social Security judge has a duty to assist you in collecting your missing medical records. Now missing medical records, this also includes seeing you out to be examined or evaluated by a Social Security state doctor at Social Security’s expense.
So what you want to do is take a look at the back of your unfavorable decision. You’ll find an exhibit list. It will list all the medical records your judge considered. If you see that there’s some missing medical records, you want to get a copy of those medical records. You’ll want to file those medical records with your appeal. Now along with filing those medical records with your appeal, you’ll want to write a letter or a written argument stating that these records were important to your case, they support your disability, and your case deserves an outright reversal or, in the alternative, your case should be remanded back to the judge for a new hearing.
So, hopefully, this video is clear. Go to attorneytonyadderley.com and check out other videos in this series.
#2 – Are the S.S. Judges Following the Treating Physician Rule?
Hello, this is Social Security Disability Attorney Tony Adderly, and this is video two of my five part video series. I’m going to respond to the Social Security Judges unfair ruled decision, so hopefully you will gain some ideas again in this a video series on how to deal with your unfair ruled decision.
So another big mistake the judges make in issuing unfair ruled decisions is not following what’s called the Treating Physician rule. So now the rules state that your treating physician’s opinion about your disability should of been followed by the Social Security Judge, if your doctors opinion is supported by the record. So let’s say your doctor writes a disability report that states that, in his opinion, you can’t lift more than say ten pounds. Now if your doctor’s opinion is supported by the record, lets say x-rays, or MRIs, or other testing, your doctor’s opinion should have been adopted.
Now lets say the Social Security Judge instead of adopting your doctor’s opinion, adopted the opinion of one of their, say, state doctors. The state doctor may have written a report stating that in their opinion you could lift 50 pounds, instead of what your doctor stated that you can only lift five pounds or ten pounds. So you want to point this out in your appeal to the Appeals Council. You want to point this out in a letter or a written argument, stating that your doctor’s opinion should have been accepted by the Judge. Your Doctor has seen you for five or ten years, taken x-rays or MRIs and your doctor’s opinion is supported by the entire record. The Social Security doctor only saw you for five minutes and wrote a report stating that you could lift 50 pounds.
So you want to write this up in your argument or your letter to the Appeals Council. You want to file this with your appeal, and hopefully the appeals council will see your argument, either reverse your case, and you are entitled to an immediate reward of benefits or your case will be remanded back to the Social Security Judge for a new hearing. So hopefully this video was helpful, go to AttorneyTonyAdderly.com and check out other videos in this series.
#3 – Are the S.S. Judges Following the Substantial Evidence Rule?
Hello, this is Social Security Disability Attorney, Tony Adderley. And this is video three in my five part video series in responding to the five biggest mistakes that Social Security judges make when issuing unfavorable decisions. Now, there are many errors that you can find in your denial by the Social Security judge but this series is only about what I think are the top five.
So another big mistake, another big error, found in denials from Social Security judges is in regards to what is called the Substantial Evidence Rule. Now this rule simply states that the judge’s opinion and conclusions must be reasonable when considering your record as a whole. So let’s say the Social Security judge, in his decision, states that you can use your left hand occasionally. But throughout your record in many different places it says you can’t use your left hand at all. So it says in many different places throughout your record you just simply can’t use your left hand. Now, the Social Security judge relied on one of their doctors who examined you who says that you can use your left hand.
So of course you are going to want to attack this conclusion in your appeal. You want to point this out in your letter or your Appeals Council argument. That the judge’s opinion that you can use your left hand occasionally is not supported by substantial evidence. It states throughout your record in many different places that you can’t use your left hand at all. So you’re going to want to write this in your argument, in your appeal, file this with your Appeals Council appeal. And hopefully the Appeals Council will see the weight of your argument and your case may be reversed and your benefits paid immediately. Or in the more likely alternative, your case will be sent back to the judge for another hearing.
So go to Attorneytonyadderley.com and check out the other videos in this series.
#4 – Are the S.S. Judges Taking Into Account the Severe Side Effects of Medications?
Hello, this is Social Security Disability Attorney, Tony Adderley. And this is video four of my five part video series on responding to the five biggest mistakes that social security judges make when issuing unfavorable decisions.
So like I said, this is video four. I’ve done three other videos on issues such as the treating physician rule, the judges not giving the treating physician’s opinions sufficient consideration. Another video on the judge’s decision not being supported by the record.
This video is about the severe side effects of medications. So now, we all know that some medications can cause severe side effects. Patients complain about medications causing them to sleep all day or sleep half the day. Some medications cause severe problems with attention and concentration. So that, the patients has what’s called the “zombie effect.”
Normally side effects as bad as these side effects are so bad they prevent a person from working. Now, it will be important that these severe side effects are documented in the record sufficiently. So, what you’d want to do is start out in your appeals counsel letter, or letter argument, saying that the social security judge did not consider you are not able to work because of the severe side effects of medications.
Your record notes numerous places, or several places, notes that you sleep all day or sleep half the day, due to medications. Or your medications, it’s noted in your record that your medications cause severe concentration and attention problems. So that you can’t cook, or drive a car, or read a newspaper because you fall or sleep or just simply can’t maintain concentration and attention.
So, start out with a paragraph such as that and then the following paragraph you want to note in your letter argument everywhere it’s noted in your medical record that you have these severe side effects. And the more notations you have of this, the better it will be for your appeal.
So, this letter argument should be a page and a half, two pages long. You want to attach this to your appeal’s counsel appeal. So, you file this with your appeal and a favorable outcome would be to have your case remanded and have a new chance at a hearing. Or there’s a chance that your case could be reversed. And that means no more hearings and that’s also a much better outcome in your case.
So, any questions about this, just give us a call at the Law Offices of Tony Adderley. Or check out our website at attorneytonyadderley.com.