Posts Categorized: Case Notes

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Sometimes you have to go to the Appeals Council.

Suffering from major depressive disorder, generalized anxiety disorder, back problems and diabetes, a woman files for Social Security Disability benefits and Supplemental Security Income.

She went to a hearing with an Administrative Law Judge. She had a non-attorney representing her. The judge denied her claim.

Then she hired Olinsky Law Group. Howard Olinsky took her case to the Appeals Council, which ordered a new hearing.

The next time, she won her case. Not only that, but she won years of back benefits covering all the delays, going back to when she first reported her disability.


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Never go into a hearing without a knowledgeable representative.

A 45-year-old woman could no longer work because of multiple health problems: depression, anxiety, torn ligaments, arthritis, left knee disorder, right knee disorder, ulcers, gastroesophageal reflux, obesity and carpal tunnel syndrome.
She filed for disability benefits. When she went to a hearing with an Administrative Law Judge, she had no representation.
The judge denied her claim.
Olinsky Law Group took over her appeal. Howard Olinsky took her case to the United States District Court for the Middle District of Florida.
The Federal Court found the ALJ’s decision was full of inconsistencies. It ordered a new hearing for the woman.
This time, she won a fully favorable decision and years of back benefits.


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Sometimes you win when you get a second hearing.

No longer able to work because of multiple health conditions, a woman took her case to an Administrative Law Judge.
She suffered from mood disorder, personality disorder, bipolar disorder, chronic obstructive pulmonary disease, peripheral neuropathy, carpal tunnel syndrome, degenerative disc disease, neuritis and scoliosis.
But the judge denied her claim.
With the help of Howard Olinsky, she went to the Appeals Council.
The Appeals Council found the ALJ did not properly evaluate the medical evidence on her psychiatric disorders and called for a new hearing.
In the second hearing, she won full benefits.


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With a strong appeal, you can win back benefits.

A woman seeking Supplemental Security Income benefits went to a hearing with an Administrative Law Judge (ALJ) without an attorney or any other representative to argue her case.
The judge denied her claim.
Howard Olinsky and Eileen Kinney of Olinsky Law Group handled her appeal.
They took her claim to the United States District Court for the Middle District of Florida. The Federal Court judge sent it back to the ALJ for a new hearing.
In the end, she won a fully favorable decision, including significant back benefits.


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Your appeal could find where a judge made errors.

After an Administrative Law Judge (ALJ) denied a disability claim, Howard Olinsky and Ted Wicklund of Olinsky Law Group appealed the case.
A Federal Court in Georgia found the ALJ failed to explain why he didn’t give appropriate consideration to certain reports from doctors who examined the disability claimant.
Federal Court also found the ALJ made an error by failing to explain why he didn’t give any weight to a psychological evaluation that the claimant underwent.
The federal judges said they couldn’t tell if the ALJ based his decision on substantial evidence and the proper legal standards.


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Sometimes you need a second look.

An Olinsky Law Group attorney, Eileen Kinney, asked for a new medical examination to determine a client’s level of intellectual functioning.

An Administrative Law Judge (ALJ) held a supplemental hearing to consider the results. A medical expert testified.

Based on that, the ALJ found the client suffered from intellectual disability, asthma, obesity, hypertension and a history of alcohol abuse.
The ALJ found the client’s medical conditions qualified as disabilities and awarded benefits.


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If you try, you can get a second chance.

Even though an Administrative Law Judge (ALJ) determined that a client suffering from asthma, a learning disability and depression had severe impairments, the judge still found the claimant did not have a disability.

Olinsky Law Group attorneys Howard Olinsky and Marisa Burkett intervened, winning an agreement from the Social Security Commissioner that the case should go back to be considered by the ALJ again.

Federal Court also agreed, granting the client a fresh hearing and a new chance at winning benefits.


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You start making your case even before your hearing.

A 59-year-old disability benefits applicant suffered from rheumatoid arthritis, osteoarthritis, degenerative disc disease of the cervical and lumbar spine, bilateral carpal tunnel syndrome and depressive disorder.
The claimant had severe limitations lifting, carrying, standing and walking.
Attorney Kristi Fanelli of Olinsky Law Group took the case. The Administrative Law Judge issued a fully favorable decision even before the scheduled hearing could take place.