Because of a recent successful Federal Court appeal by Louisiana Social Security disability attorney Matthew D. Lane, Jr., an Administrate Law Judge’s (ALJ) unfavorable decision was reversed and remanded.
In 2011, client applied for Social Security Disability Insurance Benefits and Supplemental Security Income based on prior cervical spine trauma, osteophytes of the cervical spine, chronic headaches, and bilateral hand numbness and weakness. An Administrative Law Judge (ALJ) denied his claim in 2012, and the Appeals Council did not grant review.
In 2013, attorney Matthew Lane filed a civil action in the United States District Court for the Western District of Louisiana on client’s behalf seeking judicial review of the Social Security Administration’s (SSA) decision under 42 U.S.C. § 405(g).
In 2015, the Court issued a Judgment reversing the ALJ’s decision. The Court found that the ALJ did not properly evaluate the claimant’s treating source medical opinion under Myers v. Apfel, 238 F.3d 617 (5th Cir. 2001) because it did not analyze the six factors for evaluation of medical opinions in 20 C.F.R. § 404.1527 (length of treatment, frequency of examination, nature and extent of relationship, support provided by other evidence, consistency of opinion with record, and specialization).
The Court further found that the ALJ did not comply with regulations requiring evaluation of the side effect of claimant’s medications, which included Methadone, Darvocet, Lortab, Neurontin, and Flexeril, on the ability to function despite an opinion from claimant’s treating doctor that he experienced drowsiness, dizziness, and delayed reaction time.
As a result of the successful Federal Court appeal, the client will have another opportunity to prove he was disabled prior to his date last insured (DLI) in 2011. And if successful, the client will be eligible to receive disability insurance benefits and Medicare rather than being restricted to receipt of supplemental security income and Medicaid.