I recently tried case on behalf of a client with rheumatoid arthritis and, surprisingly, received an unfavorable decision. The judge’s main concern seemed to be the absence of objective evidence (i.e., MRI, CT scan) of joint deformity.

As I note in this video, I have appealed this hearing denial and I think we have a reasonable chance at winning our appeal. If we win, this case will be sent back to the hearing office for a new hearing before the same judge.

Because I know that the judge was unwilling to approve this claim due to the absence of radiographic evidence of joint deformity, I am going to focus on other issues my client is facing that arise from her rheumatoid arthritis such as medication side effects and the limited effect of medications viewed over a long period of time.

Further, because more and more of my clients are facing insurance coverage issues and financial constraints I will have to assume that I will be dealing with medical case files that may not contain as much objective evidence as I would like so I will incorporate this focus on medications and medication side effects into more of my cases.

More and more, I am finding that I have to think outside the box when developing winning arguments and this is a good example of how I will do this.
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Jonathan Ginsberg
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