U.S. District Court Overturns SSA Disability Denial
Posted on Jan 29, 2012
This month a federal Oklahoma District Court Judge brought a final ruling to a case involving the denial of Social Security disability benefits to Linda Cay Bonewell, plaintiff. Bonewell had applied for and been denied Social Security Administration (SSA) disability and supplemental security income benefits.
United States Magistrate Judge, Valerie K. Couch, heard the case in December. Couch filed a Report and Recommendation following the hearing. On December 13, 2011, she recommended that the defendant, Commissioner Michael J. Astrue, should reverse the initial decision and then remanded the case for further proceedings.
Judge Couch advised both sides to file any objections to her ruling by January 3, 2012. She also cautioned that if they failed to object to the Report and Recommendation by the deadline, that they were giving up their right to appeal. January 3 came and went and no objections were filed. In addition, neither side requested an extension of time to file any objection.
Therefore, on January 12, 2012, Timothy D. DeGiusti, District Judge, ordered that the Commissioner of the Social Security Administration’s denial of the plaintiff’s application be reversed. The matter was remanded for further proceedings.
These SSA disability case results show just how important it is for disability applicants to pursue their cases as far as necessary to achieve a fair decision. While not every case will go this far, sometimes SSA disability applicants must fight to receive what they clearly deserve. Bonewell, the plaintiff in this case, proved this with her successful decision.
Massachusetts disability attorney John Keefe has taken many New England disability cases to court and is an expert in disability law in Massachusetts, Rhode Island, New Hampshire and Vermont. If you have been denied, we urge you to continue your fight. We can help. Call toll free at 888-904-6847 for a free case review.