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Many people are forced to apply for disability benefits because they are unable to work due to chronic pain. Unfortunately, Social Security officials are often quick to dismiss such complaints, even when supported by medical evidence. Some administrative law judges (ALJ) seem to think that applicants are exaggerating or fabricating their complaints of pain. This often leads ALJs to selectively cherry-pick information that they think will support denying an application for benefits.
Seventh Circuit Orders New Disability Hearing After ALJ Disregards Key Medical Evidence
But at the end of the day, Social Security must follow the law. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Reinaas v. Saul, provides a cautionary example. This case involves a man (the plaintiff) in his mid-50s who lives on a small farm in Wisconsin. The plaintiff previously worked as a factory machine operator. While on the job, he seriously injures his spine and rotator cuff. Following multiple surgeries, he was able to return to work for a time but continued to experience headaches and significant pain in his neck and shoulder.
The physician who treated the plaintiff in connection with his workers' compensation claim eventually determined that the plaintiff could no longer work. The treating physician told Social Security that the plaintiff “had spinal disorders and nerve root compression that were presumptively disabling and that he suffered from two or more severe migraines per month despite prescribed treatment.” At a hearing, the plaintiff himself told the ALJ that his head movements were “limited” and that he suffered from migraines approximately 10 to 15 times per month.
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In order to receive 
Social Security disability
