Justia Public Benefits Opinion Summaries

Articles Posted in U.S. 10th Circuit Court of Appeals
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Plaintiff Richard Krauser appealed the district courtâs order that denied him social security and supplemental security income benefits. The Administrative Law Judge (ALJ) denied Plaintiffâs benefits on the last step of a five-step process for determining his eligibility. Among other things, the ALJ found that Plaintiffâs ailments had not met the âper seâ disabling impairments that would have made him eligible, and considering his age, education and transferable work skills, Plaintiff could go back to work. The appeals council denied review, making the ALJâs decision ripe for the Tenth Circuit to review. Plaintiff argued that the ALJ did not properly consider all of his impairments and came to the wrong conclusion after the five-step process. The Tenth Circuit found that the ALJ did not review all evidence Plaintiff submitted, particularly statements from Plaintiffâs treating physician. The Court reversed the ALJâs holding and remanded the case for further review.

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Plaintiff appealed the administrative law judge's ("ALJ") denial of his application for supplemental security income alleging that he became disabled beginning in March 20, 2005 due to depression, post-traumatic stress disorder, and schizoaffective disorder. At issue was whether the factual findings were supported by substantial evidence and whether the correct legal standards were applied. The court held that the ALJ did not follow the law in evaluating all the medical evidence from a licensed clinical psychologist, a licensed professional counselor, and a physician who diagnosed plaintiff with schizoaffective disorder. The court also held that the ALJ failed to apply the correct legal standards in assessing plaintiff's credibility, and alternatively, the ALJ's adverse credibility determination was not supported by substantial evidence.