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Two Federal Court Victories for Tuite Law Attorneys

July 10, 2016
Greg Tuite

Attorneys Ryan Gailey and Greg Tuite recently obtained a reversal of denials of Social Security Disability benefits for their clients. After receiving unfavorable decisions from the Social Security Administrative Law Judge (ALJ) and the Social Security Appeals Council, the attorneys filed appeals in the Federal District Court in Rockford. After reviewing the arguments presented to the Court, the federal judge agreed that the ALJ had made improper decisions in both cases and ordered new hearings for both clients.

Booth V. Colvin

In Booth v. Colvin, the ALJ denied Mr. Booth’s claim that he was disabled due to the effects of a head injury that required extensive brain surgery. The ALJ determined that Booth was not believable because he “rode his bike everywhere” and had not obtained a GED.

The ALJ also disregarded the opinions of Booth’s primary doctor and counselor that he was unable to work. In response, the federal judge agreed with Attorney Gailey that the ALJ had violated the “treating physician rule” by not properly evaluating the opinions of Booth’s medical providers. The judge also found that the ALJ improperly assessed Booth’s credibility.

Sharp V. Colvin

Similarly, in Sharp v. Colvin, the ALJ rejected the opinions of Ms. Sharp’s primary physician, her psychiatrist, and two counselors. Instead, he adopted the opinion of an examining psychologist who only saw the claimant for a short one-time examination that he had arranged. Again, the federal court judge agreed with Attorney Tuite that the ALJ had violated the “treating physician rule” in disregarding the opinions of Ms. Sharp’s treating providers that she could not work because of mental impairments.

Because the judge reversed the ALJs’ decisions, the clients will get a new hearing before the ALJ. The lawyers at Tuite Law file appeals to the Federal Court when they believe that ALJ has failed to follow the law in denying benefits. Only lawyers can file these cases. Non-attorney representatives are not authorized to do so. In the Sharp and Booth cases, the successful federal court appeal means that the client will get another day in court and a chance to prove their disability. Contact us at 877-965-5777.

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