Good News From the Second Circuit Court For a Claimant Denied Disability Benefits

May 08,2012
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A recent decision out of New York’s Second Circuit Court illustrates how important it is to have an aggressive, tireless New York Social Security disability attorney on your side if you’ve been denied benefits.

The Case Background and Initial Denial of Benefits

As a New York Social Security disability lawyer explains, a New York claimant was denied disability by the Social Security Administration. He took his case before an Administrative Law Judge empowered to review the denial. The ALJ found that the claimant had at least 50% residual function of his dominant hand that he could use during a typical workday. This decision contravened the claimant’s physician and medical expert. There was other, conflicting medical evidence as well.

The Role of the Circuit Court

As a New York Social Security disability lawyer can explain, if the ALJ also denies a claim for benefits, a claimant has the option of pursuing his claim in Circuit Court. That’s exactly what this claimant did, to markedly different results. At the Circuit Court level, the judge found the ALJ overstepped his bounds when making the “50% residual function” finding. ALJ’s are not permitted to substitute his/her judgment in place of a physician testifying in front of them.

The Claimant’s Next Step

It’s important to understand that while this Circuit Court ruling is a victory for this claimant, his battle with the Social Security Administration is not over. The case has been remanded back to the agency. This means that the claimant will have another chance to plead his case for benefits with the S.S.A. over the determination of his disability.

This case illustrates the importance of having a zealous advocate on your side when filing a claim for social security disability. If you are denied at the agency level, the case can be appealed in court.

At Hermann Law Group, PLLC, you can trust your case to a New York Social Security disability attorney with a proven track record of zealous advocacy and real results for clients. To schedule an appointment for evaluation and advice on your claim, call 1-877-773-3030.