Gardberg & Kemmerly, P.C. Attorneys at Law

Social Security Disability Ruling


Civil Action Number: 4:12-cv-1086-KOB

In Brant v. Colvin, the claimant filed an action in the United States District Court for the Northern District of Alabama seeking review of a final decision issued by the Commissioner of Social Security denying her application for Social Security disability insurance benefits. Claimant alleged disability as a result of diabetes mellitus and peripheral neuropathy.

Claimant testified at a hearing in front of an Administrative Law Judge (ALJ) that she suffered from pain and had limitations in her daily activities as a result of her pain. The ALJ denied claimant's application for Social Security benefits stating that the claimant's testimony regarding her pain and daily activities was not credible. The ALJ noted that the Claimant's treatment records were devoid of "objective, clinical evidence to substantiate the claimant's contentions that she is as limited as she claims."

In reversing the decision of the Commissioner, the Court recognized that under the Social Security Regulations, an ALJ cannot reject a claimant's subjective allegations of pain or other symptoms solely because of the absence of objective medical evidence substantiating those allegations. The Brant case is important as many claimant's for Social Security disability benefits suffer from pain, fatigue, and other symptoms that, although are reported to doctors, do not end up in the doctor's treatment notes. The Brant case requires the ALJ to provide "explicit and adequate reasons" for discrediting a claimant's subjective complaints.

If you have applied for Social Security Disability benefits and have been denied, call an experienced attorney at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly, P.C. serve clients throughout the Gulf Coast area, including Alabama, Florida, Mississippi, and Louisiana.

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