Social Security Help and Prior Disability Findings
Let us assume a Social Security Disability Administrative Law Judge makes a disability finding on a case which is unfavorable to the claimant. The question becomes what is the impact of the prior disability finding on a subsequent application?
A recent court decision has provided an answer to this question.
The court has relied on a Social Security ruling which requires an adjudicator to consider previous findings by an Administrative Law Judge as “evidence and give it appropriate weight in light of all relevant facts and circumstances”.
If the Social Security Administration produces “substantial evidence of improvement in a claimant’s condition” which shows that the claimant can perform a higher level of work, the prior disability finding does not need to be sustained.
The court concluded that if there is no evidence of improvement, the prior disability finding must be accepted.
If there is a prior Administrative Law Judge decision on you claim, that decision must be reviewed to determine any prior disability findings.
To increase your chances of winning your Social Security Disability claim it is important for you to hire an experienced Social Security Disability attorney
to get you the Social Security Disability help you deserve. Please call us today at <a href="tel:1-800-882-5500” target=”_blank”>1-800-882-5500 or fill out a form on our website for a FREE claim evaluation.