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When a federal court determines Social Security has failed to properly weigh medical evidence in a disability case, the normal course of action is to remand–return–the case to the agency for a new hearing. But what happens when Social Security ignores the court's instructions? Indeed, what happens when the same disability case is brought to court multiple times?
Magistrate: ALJ Ignored Disability Applicant's Pain During Hearing
This scenario recently played out before an Illinois federal magistrate judge. This particular case, Kimberly M. v. Saul, involves a woman who has not worked in nearly 15 years. The plaintiff is in her mid-50s and stopped working in 2005 due to ongoing complications from a back injury. Despite surgery in 2016, the plaintiff continues to experience “significant pain in her spine, right hip, buttock and leg,” according to the magistrate's opinion.
Unfortunately, the plaintiff's difficulties with the disability insurance system have proved just as persistent as her back pain. By the time of the magistrate's order in April 2020, the plaintiff had been through three separate hearings at Social Security. Each time, an administrative law judge (ALJ) determined the plaintiff did not meet the legal requirements for disability benefits. And each time, the court found Social Security ignored key medical evidence.
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