Social Security

One case involved a New York City EMT who was forced to retire because of an arthritic knee. When an Administrative Law Judge (ALJ) denied the claim because he did not credit the claimant’s testimony about the extent of his symptoms, Grey & Grey appealed the case to Federal Court, obtaining an order that the claimant be given a second hearing. At the second hearing, the ALJ found the claimant to be credible and decided the claim in his favor.

The United States Court of Appeals for the Second Circuit (one level below the United States Supreme Court) that the Social Security Administration had improperly rejected the opinion of the treating physician that the claimant was disabled because the administrative law judge chose to disbelieve the claimant. We successfully argued that even if the ALJ had a valid reason to disbelieve our client (and we thought that he did not have a valid reason), the medical evidence (including Social Security’s own doctors) still established that the man was disabled. After the Second Circuit’s decision, the Federal District Court judge sent the case back to the Administration for a new determination. On remand, the Administration awarded our client the benefits he deserved.

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