Federal Judge makes mistakes in Disability case

In a recent case where the Administrative Law Judge (“ALJ”) ruled against a disabled worker, the Federal District Court remanded and sent the case back because the ALJ:

• failed to consider the opinion of the treating doctor,
• failed to thoroughly review the medical records,
• made unsupported assumptions about the plaintiff’s work history, and
• provided a perfunctory evidentiary hearing at which the plaintiff was not represented.

The plaintiff did not read or write in English and was assisted at the Social Security Disability hearing by his friend and neighbor. Herndon Reston disability and injury lawyer Doug Landau is a member of the Colorado Federal Court where this case was decided. The case underscores the importance of having not only legal counsel at a Federal disability hearing, but a lawyer who is experienced in helping people with their Social Security cases.