Social Security Called My Client Fat | Akron Social Security Disability Attorney Michael Liner

Social Security Called My Client Fat | Akron Social Security Disability Attorney Michael Liner


Hey everybody, this is Social Security Attorney
Michael Liner. I am here on location at Tower City in Downtown
Cleveland, Ohio. We actually tried shooting this video at the
Cleveland Hearing of Office, Cleveland Office of Hearing Operations where I do my disability
hearings but they told us that there were no cameras allowed inside which is information
I didn’t know beforehand, but instead we’ve got a prettier background for you here in
downtown Cleveland, you know the River area. Anyways, we’re shooting this video today because
I wanted to talk about a specific case that was just remanded by the appeals Council sent
back for a new hearing to be heard by a judge. This case is interesting because of the reason
that was given by the judge for being sent back by the appeals Council, being sent back
for a new hearing. There was a recent Supreme court case that
was called “Lucia.” It was a case that had to do with the Securities
and Exchange Commission and essentially, the holding in that case was that ALJ is the type
of judges who hear our cases were not properly appointed, they did not have the proper credentials
essentially to hear SEC cases, but that was then applied by Social Security through a
recent regulation to social security cases. Now in my firm and several other lawyers around
the country did the same thing we filed objection briefs to several cases of ours that had been
denied and said that the judges that heard our cases were not properly authorized to
deny my client’s cases because they were heard by judges that should have been hearing the
case in the first place. So after we filed you know objections in those
cases and said, “hey, those cases need to be remanded back,” Social security is doing
something that’s amazing to me – what they’re doing is they are remanding many of these
cases, but they’re coming up with a obscure reasons for doing so and then one recent in
particular, they sent my client’s case back for a new hearing with the judge, but said
that the reason that they’re reminding her case is because my client had the judge in
the first hearing did not properly consider her obesity as an impairment. My client applied for disability because she
has a migraine headache disorder. Obesity has nothing at all to do with her
disability. She’s never alleged it. Oh, you know her BMI is about 31, my BMI is
much higher than that, she has crippling migraine headaches that keep her from being able to
work and and she exhausted FMLA, multiple periods of short-term disability at work,
but Social Security essentially sends her a letter saying, “we’re going to remand your
case or get a new hearing because you’re fat,” and you know if social security could just
be honest with people and say, “hey, we made a mistake, but we’re gonna rectify consistent
with the laws that were made, you know the judges weren’t properly appointed but we’re
going to give you a new hearing consistent with the law. This would be such a better process, but unfortunately,
social security keeps lying to people about even why they’re doing the right thing and
there’s just, it seems like it’s never a non-adversarial process like it’s supposed to be. But I’m happy that my client’s case was remanded. We’re gonna keep fighting for her and all
our other clients who thankfully did get their cases remanded and we’re looking forward to
getting benefits for all of them. Thank you.

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