M&N Carries Social Security Case All the Way to the Federal Courts

Published

According to the Disability Benefits Center, less than one percent of Social Security applicants pursue their case in the Federal District Court, but nothing stands in the way of Marasco & Nesselbush’s determination. Our Social Security disability team led by Attorney Noah Zimmerman tried our client’s case all the way to the Federal District Court and won. Our client applied for disability benefits based on debilitating physical and psychological ailments. The government rejected her claims at both the initial and reconsideration level. She appealed, but the Administrative Law Judge upheld the government’s prior decisions.

We argued that the judge’s decision was based on his misinterpretation of the evidence presented at the hearing. Documentation of our client’s pain was largely ignored by the judge who ruled that the pain and associated disabilities did not preclude our client from working. The judge’s decision was affirmed by the appeals council.

Seeing injustice, Attorney Zimmerman sought a review by the United States Federal District Court. Ultimately, the Federal Magistrate Judge agreed with our position and ruled that the hearing judge had misconstrued the evidence. The lower court ruling was overturned, and our client will now have the opportunity for a new hearing.