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Appeals Council Reverses Based on New Evidence

October 31, 2017

Attorney Sarah Frederick of Buffalo and former DAP attorney Cate Lynch have joined the one percent. They actually persuaded the Appeals Council to reverse an ALJ decision, which happens in only one percent of claims reviewed by the Appeals Council. See SSA’s 2016 “Waterfall Chart,” available at http://www.empirejustice.org/issue-areas/disability-benefits/non-disability-issues/misc/ssa-fy-2016-waterfall-chart.html#.WejFg8te670.

The fully favorable decision was based largely on new and material evidence from a medical consultant to the Appeals Council, who agreed with Sarah and Cate’s contentions that the claimant’s visual impairments would interfere with her balance and cause other work related limitations. Sarah and Cate had also submitted new evidence from the claimant’s treating ophthalmologist.  The vision impairments, combined with other functional limitations, rendered the claimant unable to perform her past relevant work, and thus disabled under the Medical-Vocational Guidelines (the “Grids”).

Kudos to Sarah and Cate for this impressive victory.

 





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