Appeals Court Discounts Disability Applicant’s Neurologist

The 11th Circuit Federal Court of Appeals handed down a decision last week that discussed how much weight to give a disability applicant’s physician during the application process. The 11th covers the southeast portion of the country, handling appeals from federal courts in Alabama, Florida and Georgia. More details about the law surrounding Social Security disability benefits are available from a Tulsa Social Security disability lawyer.

The applicant in the case appealed a decision denying his application for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits. In his appeal, he argued that the administrative law judge did not give enough weight to the opinion of the man’s neurologist. The man had seen the neurologist multiple times from 1999 through 2005. He complained of headaches that, by 2005, had grown so bad that he was “totally incapacitated” 8 to 10 days every month.

The appeals court found that the judge properly discounted the neurologist’s opinion, which other evidence appeared to outweigh. Images of the applicant’s brain and other neurological examinations showed that the man appeared to have no problems. Some of the neurologist’s examinations of the man also showed that he was capable of work. The inconsistencies were enough for the government to deny the man’s SSDI and SSI applications. A Tulsa Social Security disability attorney can provide more information on the SSDI and SSI application process.



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