Wednesday, July 31, 2013

Won SS Claim for Old WC Claimant

I settled a WC claim for Mr. Short. He had a terrible back injury. I prorated his lump sum settlement so it would not affect his future Social Security Disability Claim. We then filed for SS disability but there was a fly in the ointment. In 2009 we ran into Judge Swank. He was the Richmond Social Security Judge who denies all cases. Of course, he denied Mr. Short's case. Judge Swank did make one mistake. He did not mention the favorable letters that had been submitted by many friends and relatives on behalf of Mr. Short.

This was a mistake. The law requires the SS Judge to consider all the evidence. He can disregard it but he "has" to note or mention all of the evidence. In 2011 Social Security's Appeals Council (AC) heard our appeal. Citing the rule noted above, the AC reversed and remanded the case for the new hearing.

Then we got the big break in the case. Judge Swank moved on to Charlottesville and then quit as a Social Security Judge before we had the new hearing. So, when the remand hearing was scheduled, we got a new judge. The new judge was fair and found Mr. Short disabled back to 2004.