Social Security Disability, SSI treating Physicians must get Controlling Weight

On Behalf of O’Malley Tunstall PLLC | Nov 29, 2013 | Legally Speaking, Social Security Disability

Social Security Disability, SSI Judges must give Plaintiff’s treating physicians controlling weight. Board Certified Social Security Disability Attorney Susan O’Malley recently argued a Federal District Court Social Security Disability, SSI case in front of North Carolina Federal District Court Judge Terrence Boyle.  Judge Boyle, who has developed an incredible understanding of Social Security Disability law ruled that as Susan’s client had additional information from her long term (4 year) treating physician that clearly contradicted the Administrative Law Judge’s findings as to the client’s ability to work on a regular and continuing basis, the client’s case must be remanded for further findings in light of the treating physicians’ determination.  In Social Security Disability, SSI cases a doctor’s opinion based upon a longitudinal history (long term) of treating a patient and who renders an opinion as to the diagnosis and residual functional capacity (ability to perform physical tasks) of a patient must be given great weight by the Judge. The client’s doctor found that the she could not lift ten pounds, stand and or walk for 2 hours out of an eight hour work day and as this contradicted the Administrative Law Judge’s prior opinion that the client could lift twenty-five pounds, stand or walk six out of an eight hour day the case must be remanded for further findings.  Boyd v. Colvin 5:12CV785 EDNC. Practicing Social Security Disability, SSI law our law firm must always look for those cases that should be appealed to Federal Court.  When choosing your Disability attorney, make sure that your attorney is capable and willing to appeal your case, if necessary, to the next level.  Contact our office if you have any questions about how to appeal your Social Security Disability, SSI case.