Judge Bianco of the Eastern District of New York recently rejected the decision of an ALJ, which denied Social Security Disability benefits to my client. Judge Bianco accepted my argument that the reasons the Social Security Administration (“SSA”) gave for rejecting the treating doctor’s opinion were “post hoc”.
I have a case that was just argued before the Second Circuit involving another claimant, Botta v. Colvin. The district court judge accepted the SSA arguments as to why the ALJ properly rejected the treating doctor’s opinion that the claimant could not use her legs to work as a sewing machine operator. My argument was that the SSA arguments were never made by the ALJ, rendering them impermissibly post hoc.
Hopefully, the Second Circuit will agree, and end the claimant’s 15 year struggle for SSD benefits.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou