Published March, 2014
Larry Richardson v. Commission of Social Security, 2013 U.S. Dist. Lexis 154822 (D.N.J. Oct. 29, 2013)
Plaintiff, Richardson, ceased working in 2007 because of severe health problems due to HIV, Hepatitis C, and neuropathy. In 2008, Richardson applied for Social Security Disability Insurance and Social Security Supplemental Income benefits. When his applications were denied in 2009, Richardson filed a request for a hearing. At the hearing, held in 2011, the Administrative Law Judge (ALJ) again denied Richardson’s applications. When Richardson’s request for a review of the ALJ decision was denied, he appealed to the United States District Court for the District of New Jersey.
The court found that the ALJ had failed to adequately address all relevant medical testimony at the hearing, and relied heavily on older medical records, rather than more recent ones. The court also found that the ALJ did not adequately discuss Richardson’s own testimony regarding his medical condition, and in fact dismissed his statements. For these reasons, the court remanded the case with instructions to the ALJ to revisit inconsistencies in the medical testimony and to better explain both why it relied on certain medical records and testimony over others and why Richardson’s testimony was not found to be credible.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.