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 look at whether a claimant can perform a full range of work; which includes the ability to walk 6 hours out of an 8 hour day for light work. Lyons v. Colvin 4:12 CV 210. Susan and Maisey at Wags 4 Tags Judge Boyle determined that the ALJ erred when he failed to give any consideration for the lack of ability to walk for any considerable distance. In fact, the fact that the claimant could only walk for six minutes without getting short of breath was not considered relevant by the ALJ. Clearly this “walking test” given by the treating physician was relevant to the client being able to walk for 6 hours per day. Judge Boyle found that as the claimant could not perform light work, then under the law the claimant was disabled and ordered benefits. Susan and Amos have many hours trying, appealing and briefing the issues for this client. This case is ongoing and could, like Hines v. Barnhart, be appealed by the Government.
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