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In Arce v. Commissioner , the Eleventh Circuit addressed an important issue regarding the assessment of a claimant’s Residual Functional Capacity (RFC) in Social Security disability cases. Ivette Arce appealed the denial of her disability claim, arguing that the Administrative Law Judge (ALJ) failed to properly consider her non-severe mental limitations when determining her RFC. RFC Assessment and Non-Severe Mental Limitations The Eleventh Circuit emphasized that an ALJ must

On December 28, 2023, the Eleventh Circuit affirmed the district court’s decision in Ohneck v. Commissioner of Social Security . This case provides key insight into how appellate courts evaluate treating physicians’ opinions and the preservation of issues on appeal. ⚖️ Preservation of Arguments on Appeal Ohneck argued that she had properly preserved her challenges regarding the Administrative Law Judge’s (ALJ) evaluation of her treating physician’s opinion. She claimed she wa

In Espinoza v. Commissioner of Social Security (April 16, 2024), the Tenth Circuit Court of Appeals reviewed a denial of Social Security disability benefits. Ms. Espinoza had appealed after the Social Security Appeals Council refused her request for review. The district court upheld the Commissioner’s decision, prompting her appeal to the Tenth Circuit. Key Facts: The case focused on whether the Administrative Law Judge (ALJ) applied proper legal standards. The Tenth Circuit

The Tenth Circuit Court of Appeals issued an affirmance in Harrison v. Commissioner of Social Security on April 29, 2024. This case illustrates how courts review Social Security disability determinations under the substantial evidence standard. Case Overview Ms. Harrison applied for Supplemental Security Income (SSI) on February 23, 2018. After initial and reconsideration denials, she appeared before an Administrative Law Judge (ALJ). Despite her diagnoses—including ADHD, de

The Ninth Circuit recently affirmed the denial of disability benefits in Blanchard v. Bisignano , providing a helpful refresher on how courts evaluate subjective symptom testimony, conflicting medical opinions, and vocational expert (VE) evidence under the substantial evidence standard. Overview of the Case Blanchard alleged disabling physical and cognitive limitations following a car accident. The Administrative Law Judge (ALJ) was not fully persuaded—and the Ninth Circuit a

Before diving into the details, a quick shout-out to Jennifer Van Fossan and Dennis Fox for their excellent work on Littrell v. O'Malley , issued on October 4, 2024. This case brought an interesting split in the Eighth Circuit — complete with a dissenting opinion! Background of the Case Littrell appealed the denial of her Supplemental Security Income (SSI) benefits. Her main argument? The Administrative Law Judge (ALJ) didn’t properly consider her chronic back and knee pain.

The Ninth Circuit has once again clarified an essential principle in disability law: Administrative Law Judges (ALJs) must explain their changes in findings. In Gageby v. Dudek, the Court reversed and remanded after an ALJ downgraded a claimant’s concentration, persistence, and pace (CPP) rating without any explanation. Case Background: What Happened The ALJ initially found moderate CPP limitations. After the district court remanded the case to consider Dr. Campion’s opinion,

Another day, another uphill climb for Social Security disability claimants. The Tenth Circuit recently issued another affirmance — this time in Fager v. Commissioner of Social Security , upholding the denial of SSI benefits. The opinion runs 21 pages, so let’s break down the key takeaways. Background Fager, a former legal secretary and housekeeper with a degree in anthropology, applied for Supplemental Security Income (SSI) in 2017. She alleged disability due to: Back injurie

Swanson applied for disability insurance benefits alleging chronic pain and mobility problems. The case had already been remanded once....

The Eleventh Circuit’s recent opinion in Dubose v. Commissioner of Social Security offers a valuable refresher on three recurring...

Every disability appeal has two moving parts : The law (statutes, regulations, case precedent) The record (medical evidence, testimony,...

Fibromyalgia continues to challenge both claimants and adjudicators in Social Security disability law. The Seventh Circuit’s recent...

Madkins, a machine operator, suffered back problems, carpal tunnel syndrome, and depression after a work injury. He applied for Social...

On October 29, 2024 , the Sixth Circuit Court of Appeals upheld the denial of Supplemental Security Income (SSI) benefits for a young...

The case of Green v. Commissioner of Social Security Administration (2018) is a powerful reminder of how Veterans’ disability ratings...

In December 2024, the Seventh Circuit Court of Appeals decided a case called Schmitz v. Colvin . The case involved a 52-year-old woman...

When it comes to Social Security disability appeals in federal court, there are always two battles: Winning the case. Getting paid for...

When handling children's disability claims, the SSA’s Listing of Impairments (20 C.F.R. Pt. 404, Subpt. P, Appx. 1) is our first...

The Seventh Circuit recently weighed in on a Social Security disability appeal that highlights a recurring tension in our field: how ALJs...

Background: Who Is Herkert and What Happened Mary Frances Herkert , a GS-13 Branch Chief at the Social Security Administration (SSA) with...