Posts Categorized: Case Notes

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Sometimes you have to appeal to the Appeals Council

Claimant filed  a claim for a period of disability, disability insurance benefits and supplemental security income on December 10, 2010, alleging disability as of  April of 2010 due to major  depressive disorder, generalized anxiety disorder, back disorder and diabetes mellitus.   After a  hearing before an Administrative Law Judge, where she was  represented by a  non-attorney representative, her claims were denied.   Claimant hired Olinsky Law to file an appeal with the Appeals Council, which resulted in a remand for a new hearing and decision.   The subsequent hearing, held on September 24, 2015, resulted in a fully favorable decision dating back to her original onset date.   Claimant was represented by  Howard D. Olinsky, Esq.


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Never go into a hearing without a knowledgeable representative.

Claimant, currently 45 years old,  received benefits based on  an application for Supplemental Security Income filed on  July 8, 2008.    She alleged that she was unable to work due to depression, anxiety, torn ligaments, arthritis, left knee disorder, right knee disorder, ulcers,  gastroesophageal  reflux, obesity and carpal tunnel syndrome.   Claimant  first appeared at a hearing unrepresented and an Administrative Law Judge (ALJ”)  denied her claim.  The decision was appealed by our office  up  through the United States District Court for the Middle District of Florida.  The Federal Court found that the ALJ’s decision was internally inconsistent  and  remanded the case to the ALJ  for a new hearing and decision.  The second hearing  resulted in a Fully Favorable decision and Claimant received an award of back pay from July 8, 2008, the date of  the original application.  Claimant was represented by attorney Howard D. Olinsky.


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Florida Claimants win big!

Claimant filed an application for benefits on June 16, 2010,  alleging she was no longer able to work as of January 29, 2009,  due to mood disorder, personality disorder, bipolar disorder,  chronic obstructive pulmonary disease, peripheral neuropathy, carpal tunnel syndrome, degenerative disc disease, neuritis and scoliosis.  After a hearing, an Administrative Law Judge (“ALJ”)   denied the claim, which was  appealed to the Appeals Council.   The Appeals Council found that the ALJ did not properly evaluate the medical evidence in regard to Claimant’s psychiatric disorders and remanded the claim  for a new hearing.   A  second hearing resulted  in a fully favorable decision.  Claimant was represented by attorney Howard D.  Olinsky.


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Claimant wins benefits back to 2008

Claimant, currently 45 years old, received a favorable decision based on an application for Supplemental Security Income filed on  July 8, 2008.    Claimant first appeared at a hearing unrepresented and an Administrative Law Judge denied her claim.  The claim was appealed by Olinsky Law Group to the United States District Court for the Middle District of Florida where it was remanded back to the Administrative Law Judge for a new hearing, resulting in a Fully Favorable decision.  Claimant was represented by attorneys Howard D. Olinsky, Esq. and  Eileen R. Kinney Esq.


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BANKS vs Commissioner of Social Security

A remand from the Northern District of Georgia due to the ALJs violation of the treating physicians rule.   Howard Olinsky argued with assistance from Ted Wicklund on the brief.  Magistrate Judge Fuller wrote in his recommended decision which was adopted by District Judge Hon. Eleanor L. Ross.  “In summary, the undersigned finds that the ALJ erred when he failed to explain why certain limitations found by Dr. Cooper and Dr. Piat were not included in the RFC assessment, despite the fact that the ALJ gave their opinions significant weight. See SSR 96-8p. The ALJ also committed error when he did not offer any reasons for giving limited weight to a psychological evaluation performed by Dr. McAdams and a psychiatric review technique form completed by Dr. Cooper. See Winschel, 631 F.3d at 1179; Lucas v. Sullivan, 918 F.2d 1567, 1574 (11th Cir. 1990) (recognizing that the ALJ must state the weight accorded to each item of evidence and the reasons therefore); Gibson v. Heckler, 779 F.2d 619, 623 (11th Cir. 1986) (same). Without any explanation from the ALJ on these issues, the court is unable to determine whether the ALJ’s decision was supported by substantial evidence and based upon proper legal standards. See Winschel, 631 F.3d at 1179. Furthermore, the undersigned finds that the ALJ’s errors were not harmless.”


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6.5.14  

Orlando, Florida,  ALJ  Mary C. Montanus awarded Claimant benefits and reopened a prior claim.  The ALJ found Claimant suffers from intellectual disability, asthma, obesity, hypertension and a history of alcohol abuse.  At the request of counsel, a post-hearing consultative examination was ordered to determine Claimant’s level of intellectual functioning.  Based on the results a supplemental hearing was requested.  A medical expert testified at the supplemental hearing and counsel was able to effectively argue for claimant to be found disabled based on the claimant’s listed impairments.  Eileen R. Kinney, Esq., was the representative.


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6.2.2014

Claimant alleged disability due to asthma, a learning disability, and depression.  ALJ Bruce Fein found the severe impairment of a pervasive developmental disorder, but ultimately found the claimant not disabled. Following the submission of Plaintiff’s brief, the Commissioner offered to stipulate to remand the case. The Federal District Court for the Northern District of New York entered a Judgment remanding the case for further administrative proceedings, including a de novo hearing.  Howard Olinsky, Esq. for Plaintiff; Marisa Burkett, Esq. on the brief.


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5.24.2014

Hearing before ALJ John Lischak- Army Veteran alleged disability due to pulmonary sarcoidosis and was awarded benefits after an ALJ Hearing.  The claimant, who was 41, was found disabled due to severe restrictions lifting, carrying, standing and walking.  Ashley Kaplan, Esq. represented the claimant.


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 5.2.2014

Claimant was issued a Fully Favorable Decision On the Record by ALJ F. Patrick Flanagan, prior to the scheduled hearing.  Claimant, who was 59, alleged disability based on rheumatoid arthritis, osteoarthritis, degenerative disc disease of the cervical and lumbar spine, bilateral carpal tunnel syndrome and Depressive Disorder.  The claimant was found to have severe limitations lifting, carrying, standing and walking.  Kristi Fanelli, Esq. represented the claimant.


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4.23.2014

Claimant was issued a Fully Favorable Decision On the Record by ALJ Bruce Fein, prior to the scheduled hearing.  Claimant, who was 43 and spoke Burmese as a first language, was found to have limitations with concentration and working in coordination with others due to depressive disorder and anxiety disorder.  Alexandra Locke, Esq. represented the claimant.