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Witness statements and medication side effects must be considered in Social Security Disability Hearings says Federal Judge

On Behalf of | Aug 5, 2013 | Civil Trial, Legally Speaking, Social Security Disability

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Recently Joe Tunstall successfully argued a Social Security case that had been worked on by Susan O’Malley and Amos Waranch in front of  Federal District Court Judge Terrence Boyle who found that an Administrative Law Judge (ALJ) hearing Social Security Disability cases must take into account witness statements and medication side effects when deciding permanent restrictions.  Boddie v. Colvin 4:12 CV 221 Judge Boyle determined that the ALJ erred when failing to even discuss the testimony of third parties and explain why the testimony was or was not given weight.  Judge Boyle used a case that Susan O’Malley had argued before him in 2005 called Hines v. Barnhart (upheld by the 4th Circuit) to determine that the vocational expert must be given a hypothetical that clearly sets out all the claimant’s impairments and cannot merely “pick and choose” the what information will be asked of the expert. This case is ongoing and could, like Hines v. Barnhart, be appealed by the Government. Injury Lawyer — Joe Tunstall

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