Not every case goes to federal court. We try to win at the initial level, or at the Administrative Law Judge (“ALJ”) level, but sometimes it is necessary to appeal to a federal court. I have listed some of the cases below, that I have won in federal court. I will be updating this page, going back in time as well as forward.
If you would like me to take your case into federal court, please feel free to contact me.
In this case, my client was seeking benefits for a closed period of time. She had consecutive surgeries and physical therapy thorough out a one and a half year period. The administrative law judge denied benefits to Karyna because the judge believed Karyna’s medical condition improved. The federal judge disagreed. He understood that Karyna had not sufficiently improved during the closed period of time. She went from one surgery to the next, was in pain, on medications and/or was receiving physical therapy during the applicable time period. The federal judge remanded for reconsideration of benefits during the closed period.
In this case I had made three arguments: (1) hypertension was a severe impairment; (2) the ALJ erred when labeling Mr. Pires’ treatment as conservative and (3) the ALJ erred when rejecting Mr. Pires testimony about his pain. The federal judge agreed with me on the last two arguments. He determined that cortisone injections in the knees, epidural spine injections, prescriptions for opiod medications and finally the scheduling of knee surgery, could not be considered conservative treatment. The federal judge also agreed that the ALJ erred in rejecting Mr. Pires’ testimony concerning his pain.