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IL disability lawyerSocial Security disability claims are supposed to be decided on the basis of medical evidence. But in far too many cases, Social Security administrative judges (ALJs) selectively ignore medical evidence that favors the applicant. While an ALJ is not required to discuss every piece of evidence in fine detail, it is not acceptable to disregard evidence simply because it might benefit the applicant's case.

Social Security ALJ Accuses Disability Applicant of “Cheating” Without Evidence

In an April 29 decision, Muriel EF v. Commissioner of Social Security, a federal magistrate judge from here in Illinois ordered Social Security to conduct a new disability hearing for an applicant based on ALJ's disturbing “pattern” of cherry picking evidence. The plaintiff in this case is a woman in her 50s with a long history of medical impairments, including sciatica, spinal damage, and obesity.

In fact, the plaintiff's condition required her to undergo multiple spinal surgeries. Yet in denying the plaintiff's application for disability benefits, the ALJ “ignored” and “glossed over” this surgical history, as the magistrate put it. Indeed, the plaintiff “had two lumbar surgeries, which the ALJ also did not mention at all” in her decision. Another set of surgeries warranted nothing more than a mention in a single sentence. Similarly, the ALJ did not mention or discuss the results of a medical exam the plaintiff received–on her doctor's advice–after applying for disability benefits.

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