CASE RESULTS AND BENEFITS

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Our 53 year old server and cashier developed Rheumatoid Arthritis, degenerative disc disease, neuropathy, and fibromyalgia. We successfully proved that these impairments prevented her from performing any work in the national economy. 

A 55 year old coordinator with lumbar degenerative disc disease. The ALJ was convinced the claimant's MRI showed a sufficiently severe enough loss to preclude the claimant from returning to his past work. 

A 50 year old with diabetes and peripheral neuropathy. The claimant was was homeless and received only limited treatment at free clinics. We convinced the ALJ that her neuropathy limited her to sedentary work which resulted in a favorable decision and over $40,000 in back benefits.

A 56 year old with asthma, osteoarthritis, and carpal tunnel lost her first claim for benefits. When she hired my firm to represent her on the second application it was approved by the ALJ. 

64 year old former grocery store clerk developed COPD , degenerative disc disease, and osteoporosis. The ALJ awarded her after a short hearing.  

A 43 year old forklift operator with non-Hodgkin's lymphoma was awarded benefits from January 2021. We were able to convince the ALJ that fatigue and swelling due to chemotherapy would require the claimant to rest and elevate his feet for more than 1/3 of the day. 

A 47 year old with chronic pain syndrome, degenerative disc disease, arthritis, and migraines was awarded benefits as September 2021. The ALJ was convinced the claimant would be absent for all or part of a workday more than twice per month. 

A 45 year old finance manager and analyst was found disabled due to the symptoms of Papilledema, migraines, and vascular dementia. Despite a college education and skilled past work the ALJ was convinced they had no transferable skills and could not work even a simple job.

A 63 year old stroke survivor with diabetes and major depression was awarded benefits back to December 2021. The ALJ found they could no longer be a computer programmer and had no transferable skills despite the skilled past relevant work.

"The opinions in Dr. Shiwach's Clarifying MSS are especially significant because they represent the opinion of the sole treating physician in the record and detail Plaintiff's work-related abilities. And, his opinions regarding Plaintiff's abilities to interact appropriately with co-workers, supervisors, and the general public, as well as her ability to maintain focus, conflict with portions of the ALJ's RFC assessment. Given the significance of Dr. Shiwach's opinion on matters directly related to the ALJ's denial of benefits, the evidence provides a "reasonable possibility that it would have changed" the Commissioner's decision, and is, therefore, material." Adrienne D. v. Kijakazi, No. 3:22-cv-02654-BT, 2023 U.S. Dist. LEXIS 190542, at *12-13 (N.D. Tex. Oct. 24, 2023) 

"Thus, while the ALJ uses raw medical reports regarding Harris' symptoms to form the RFC, the ALJ does not find any medical opinion persuasive. As there is no medical opinion of record that is at least partially persuasive, the Court can only conclude the ALJ substituted his own lay opinion for that of the medical expert opinions of record and there is an evidentiary gap." Harris v. Commissioner, No. 4:22-CV-487-P, 2023 U.S. Dist. LEXIS 160335, at *16-17 (N.D. Tex. Aug. 22, 2023) 

"Had the ALJ obtained an updated medical opinion, his determination of Plaintiff's RFC could, conceivably, have included greater limitations. This, in turn, could have altered the ALJ's findings at step five, at which the Commissioner bears the burden to identify gainful employment available in the national economy that Plaintiff can perform, and at which the ALJ determined Plaintiff was not disabled. Accordingly, the error is not harmless, and remand is required on this issue." Garrett R. v. Comm'r of SSA, No. 3:22-CV-829-D-BK, 2023 U.S. Dist. LEXIS 148115, at *18 (N.D. Tex. July 20, 2023) 

"Because the Court holds that the statute functions as a tolling provision, and that the actions taken by Acting Commissioner Nancy Berryhill in July 2018 were therefore unlawful, the undersigned District Judge DECLINES to adopt the Findings, Conclusions, and Recommendation of the Magistrate Judge as those of this Court, VACATES the Commissioner's decision, and REMANDS Miller's case to the agency for rehearing." Miller v. Comm'r of Soc. Sec., Civil Action No. 4:21-cv-01007-O-BP, 2023 U.S. Dist. LEXIS 97070, at *2 (N.D. Tex. June 5, 2023) 

"The absence of a medical opinion addressing [the claimant's] ability to work and the extent of her depression, casts doubt on the ALJ's decision. Without a medical opinion supporting the ALJ's decision, courts have held it is reversible error. Accordingly, the error here warrants reversal and remand." Veronica B. v. Comm'r of Soc. Sec., Civil Action No. 4:22-cv-0079-O-BP, 2022 U.S. Dist. LEXIS 183810, at *18 (N.D. Tex. Sep. 19, 2022) 

 “Ultimately, and notwithstanding the Commissioner's arguments to the contrary, the ALJ did not provide an explanation of the term “non-production pace, ” and the Court cannot meaningfully review the ALJ's decision. Therefore, the Court is unable to conclude the RFC's findings are supported by substantial evidence.” Glenn v. Kijakazi, 5:20-CV-143-FDW (W.D.N.C. Aug. 12, 2021) 

"Indeed, absent is any function-by-function analysis where the ALJ explains how she reconciled the different limitations in formulating the RFC.  Without such explanation, the court is left to guess as to the ALJ’s reasoning in determining the RFC and, ultimately, finding the plaintiff not disabled." Sexton v. Kijakazi , 6:20-CV-3608-TMC (D.S.C. Jul. 28, 2021)

A 54 year old with congestive heart failure and obstructive sleep apnea was awarded benefits after a brief hearing. The claimant's ejection fraction was severely reduced, he experienced dizziness, shortness of breath and chest pain. The ALJ awarded his case after hearing our opening statement. 

A 37 year old individual who has intractable seizures was awarded benefits. The claimant suffered from 4-6 seizures per month despite taking prescribed medications. We encouraged the claimant to keep a seizure log. That seizure log was vital evidence that convinced the ALJ of the frequency of the seizure activity. 

A 39 year old  secretary with migraines and rheumatoid arthritis. We obtained a medical source statement from the treating physician. We were able to convince the ALJ to reject the state doctors opinions. The  ALJ awarded benefits back to March 2017. 

A 63 year old claimant with very skilled past work was awarded benefits due to degenerative disc disease and carpal tunnel syndrome. We were able to convince the Judge that the carpal tunnel syndrome eroded her skills and limited her use of hands to get 3 years worth of disability benefits.

44 years old who has effectively gone blind. Vision cases are some of the most difficult for Judges to understand. We were able to prove that the claimant was effectively blind due to her optic neuropathy and double vision. 

A 63 year old court officer was awarded benefits for migraines and diabetes mellitus. We proved that the migraines were causing this  well educated claimant to suffer from severe cognitive decline. This decline prevented the claimant from transferring her skills to other work. 

A 50 year old Army veteran with 100% service connection suffering from ventricular tachycardia, cubital tunnel syndrome, anxiety, and PTSD. After getting source statements from several treatment providers we were able to convince the ALJ to award his Social Security disability case. 

A 53 year old nurse suffering from Multiple Sclerosis. After a long and successful career my client was diagnosed with MS. Her case was assigned to a low paying judge. I was able to convince the ALJ that she could no longer perform any work on a regular basis due to her MS symptoms. 

A 26 year old woman involved in a serious motor vehicle accident suffered fractures to her hips, legs, knees, and ankles and PTSD. She was awarded disability benefits without even having to go to a hearing. 

A 46 year old Program Manager and Secretary with Diabetes Type II with Neuropathy and Depression. Despite numerous medications and proper diet she was unable to continue working. The ALJ awarded her over $20,000 in past due disability benefits. 

A 58 year old with Diabetes, Diabetic Neuropathy, Depression, and Arthritis was awarded after we proved that he no longer had the ability to perform his past work. The ALJ awarded him over  $16,000 in past due disability benefits. 

A 42 year old man who worked as a driver and warehouse worker was diagnosed with Huntington's and a movement disorder. This very rare disorder interfered with his ability to perform fine motor skills. It also caused uncontrollable movements and imbalance with his lower extremities. The ALJ awarded him disability benefits.

A 52 year old former truck driver with a traumatic knee injury, degenerative disc disease of the lumbar spine and a head injury was awarded benefits. The ALJ was convinced the he could not be a truck driver anymore and awarded over $27,000 in past due disability benefits to him. 

A 32 year old woman with chronic uncontrolled migraines was awarded disability benefits. I encouraged her to maintain a regular migraine log to show the frequency of her migraines. This evidence provided valuable information to the ALJ who was able to award her Social Security disability benefits. 

23 year old man with asthma, respiratory failure and pulmonary heart disease was awarded 4 years of benefits. Despite his young my client had serious difficulty breathing. He tried to work but was heavily accommodated when he did. I was able to get his claim paid under SSDI instead of SSI. This guaranteed he would get Medicare and over $14,000 in disability benefits. 

A 42 year old woman with degenerative disc disease of the lumbar and cervical spine, cervical radiculopathy, and depression. Due to her limited use of her bilateral upper extremities I was able to convince the ALJ she could not do her old job or any other work. She was awarded over $16,000 in disability benefits. 

A 57 year old woman former financial analyst who developed severe lumbar radiculopathy and carpal tunnel syndrome. Due to her limited ability to sit and use her hands she was awarded over $17,000 in disability benefits. 

A 38 year old sales associate was suffered from chronic liver disease and encephalopathy who developed depression. Her Long Term Disability company stopped her benefits but we were able to convince the ALJ to award her 2 years of past due disability benefits. 

A 38 year old man with Diabetes, Diabetic neuropathy, Cyclic vomiting syndrome, and corneal erosion was awarded 2 years of benefits. I was able to convince the ALJ that due to these impairments he could not work on a regular and continuing basis. He was awarded past due disability benefits. 

A 59 year old woman suffering from degenerative disc disease of the cervical and lumbar spine, left ankle tendon tear, depression and anxiety. After being denied at the initial hearing the Appeals Council remanded her claim because the ALJ failed to consider the treating doctor opinion. The ALJ awarded her case all the way back to 2013. She was awarded over $60,000 in past due disability benefits.. 

A 52 year old man with degenerative joint disease of the shoulder, carpal tunnel, hypertension, and cardiomyopathy was awarded 2 years of benefits. With his upper extremity limitation I was able to convince the judge he could not longer perform his old job. He was awarded over $27,000 in disability benefits. 

A 48 year old pipe layer and foreman with  degenerative disc disease and CMC subluxation of the right upper extremity was awarded 2 years of past due disability benefits. 

A 56 year old with atrial fibrillation and obstructive sleep apnea awarded over 2 years of benefits. I convince the ALJ to ignore the state opinion that he could return to his past work. He was awarded over $38,000 in disability benefits. 

A 52 year old woman with degenerative disc disease in the lumbar spine, arthritis in the knees and arthroscopic knee surgery. She filed for disability 3 months after her expiration of her DLI. I convinced the ALJ to pay her claim prior to her DLI. This resulted in over $9,000 in past due disability benefits and Medicare benefits for my client.