Dickens v. Astrue, 5:10-CV-535-BO O'Malley Tunstall, PLLC appealed the denial of benefits by the Social Security Administration to Federal District Court. Plaintiff had the severe impairments of hypertension, dilated cardiomyopathy, obesity, sleep apnea, depression, and lumbar osteoarthritis. The Court held that that the record does not provide substantial evidence for the finding that Plaintiff can perform sedentary work. The Court also finds that the Administrative Law Judge did not properly evaluate Plaintiffs credibility and noncompliance with her doctor’s instructions. Thus, the Government has not carried its burden showing that Plaintiff can perform work available in the national economy. The case was remanded to the Administrative Law Judge who granted benefits. To learn more about our practice please visit our web page O'Malley Tunstall
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