Associates Julie Hong and Mickey Wright secured a win for one of our pro bono clients. After suffering various injuries from three motor vehicle accidents, the client filed a Title II application for social security disability insurance benefits, which was denied – both by the Social Security Administration Administrative Law Judge and the Appeals Council. He then appealed to the SDNY and Julie and Mickey took on the matter. Instead of filing a brief with the Magistrate, as is normal in these cases, the Court required the parties to have settlement discussions. Mickey and Julie put together a lengthy settlement demand making all the legal and factual arguments – that (i) the ALJ improperly evaluated the treating physicians’ opinions, (ii) the ALJ ignored the medical opinions of the client’s many doctors, (iii) the ALJ incorrectly weighed opinions of physicians of one-time consultations, (iv) the ALJ failed to consider the client’s subjective complaints, and that (v) the ALJ incorrectly assessed the client’s cervical impairment as non-severe.

After reading the letter, the Assistant U.S. Attorney representing the SSA agreed to a remand back to the ALJ – which is the exact relief the Magistrate would have granted.

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Julie J. Hong

(212) 574-1285
hong@sewkis.com

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