An administrative law judge for the Social Security Administration improperly discounted medical opinions by a claimant’s treating physicians in favor of testimony by a non-treating physician, the circuit court held. After being injured while using a hammer drill at work, ...
Tagged with: social security
Read More »Sizemore v. Berryhill (Lawyers Weekly No. 001-219-17, 22 pp.) (Paul Niemeyer, J.) 16-1301; amended Dec. 1, 2017; USDC at Statesville, N.C. (Max Cogburn Jr., J.) 4th Cir. Holding: Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate ...
Tagged with: social security
Read More »Roberson v. Berryhill (Lawyers Weekly No. Roberson v. Berryhill, 7 pp.) (Timothy Cain, J.) 0:15-cv-03486; D.S.C. Holding: The administrative law judge observed that plaintiff’s treating physician, Dr. Krishniah, is an internist and thus “not necessarily an expert in the evaluation, ...
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Read More »Tyler v. Berryhill (Lawyers Weekly No. 002-047-17, 28 pp.) (Jacquelyn Austin, USMJ) 8:15-cv-04457; D.S.C. Holding: Where the administrative law judge (1) made no mention of plaintiff’s medication side effects; (2) failed to elicit testimony regarding such side effects during plaintiff’s ...
Tagged with: social security
Read More »Seegers v. Colvin (Lawyers Weekly No. 002-042-17, 30 pp.) (Shiva Hodges, USMJ) 1:16-01263; D.S.C. Holding: Although plaintiff’s description of his past relevant work as a weaver would place the occupation at the medium exertional level, the administrative law judge could ...
Tagged with: social security
Read More »Tucker v. Colvin (Lawyers Weekly No. 002-041-17, 9 pp.) (R. Bryan Harwell, J.) 0:15-cv-03750; D.S.C. Holding: In two prior cases, while plaintiff was a “younger individual,” administrative law judges considered her conditions – which are degenerative – and limited her ...
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Read More »Furman v. Colvin (Lawyers Weekly No. 002-033-17, 10 pp.) (Richard Mark Gergel, J.) 4:15-cv-05066; D.S.C. Holding: Despite plaintiff’s work history and a psychologist’s recent inability to obtain a reliable IQ testing result, given plaintiff’s IQ scores in the low 60’s ...
Tagged with: social security
Read More »Gordon v. Colvin (Lawyers Weekly No. 002-032-17, 11 pp.) (Mary Gordon Baker, USMJ) 2:15-cv-02814; D.S.C. Holding: The record does not support the administrative law judge’s findings that claimant’s fibromyalgia was not severe, that claimant did not report significant fibromyalgia-related fatigue, ...
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Read More »Landrum v. Colvin (Lawyers Weekly No. 003-026-17, 14 pp.) (R. Bryan Harwell, J.) 9:af-cv-03067; D.S.C. Holding: Plaintiff’s tests revealed the ability to perform medium work. Nevertheless, the administrative law judge took into consideration the limits suggested by plaintiff’s treating physicians ...
Tagged with: social security
Read More »Landrum v. Colvin (Lawyers Weekly No. 003-026-17, 14 pp.) (R. Bryan Harwell, J.) 9:af-cv-03067; D.S.C. Holding: Plaintiff’s tests revealed the ability to perform medium work. Nevertheless, the administrative law judge took into consideration the limits suggested by plaintiff’s treating physicians ...
Tagged with: social security
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South Carolina Lawyers Weekly
