In Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases, people statistically find the greatest level of success at the hearing level where they appear before an Administrative Law Judge (ALJ). However, ALJs often make mistakes on Social Security Disability Insurance (SSDI) and SSI claims that result in unfavorable decisions. If an ALJ denies a claim at the hearing level, the claimant first has to appeal to the Appeals Council and if unsuccessful there can file suit in Federal Court. When a claimant files in Federal Court following unfavorable administrative action by the Social Security Administration (SSA), the person is not asking the judge to find necessarily that he or she is disabled, but that the SSA erroneously decided his or her case. The SSA has recently released statistics showing the top ten reasons that Federal Courts remanded social security disability cases in the fiscal year of 2015.
- Treating source opinion rejected without adequate articulation.
- Inadequate rational for credibility finding.
- Inadequate support or rational for weight given to a consultative examiner’s opinion.
- Mental limitations inadequately evaluated when determining residual functional capacity (RFC).
- New evidence presented on administrative appeal or review.
- Inadequate support or rational for weight given non-examining source’s opinion.
- Treating source opinion not identified or discussed.
- Record inadequately developed.
- Mental disorder not adequately considered.
- Exertional limitations inadequately evaluated when determining RFC.
If you need more information about a Social Security Disability/SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, long or short-term disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website.