In this unpublished federal court decision of which I represented, the claimant was a older gentleman who had been denied his disability benefits by the Social Security Administration Judge.

The gentleman had been trying to obtain his needed disability benefits for almost four years. Despite the fact that the elderly claimant had less than a high school education and suffered from degenerative disc disease, pancreatic disease, heart disease, diabetes and profound loss of hearing, the SSA judge found that he could still work and was not disabled. 

On appeal to the federal court system, we argued that the SSA Judge was wrong and that this claimant should have been found as disabled.  The first federal magistrate judge who reviewed the appeal disagreed and recommended, again, that the claimant be denied disability benefits.  The federal magistrate judge agreed with the SSA judge and stated that the claimant could do other work, such as a dispatcher.

We objected to this federal magistrate judge's report.  In our objection we pointed out that this elderly gentleman had no computer skills whatever to operate a dispatch system and that due to physical impairments, he did not have the dexterity to even type or work the equipment for a dispatcher.  We also pointed out the obvious problem that the claimant was suffered a profound hearing loss literally defeating any job as a dispatcher.

Upon review of our objections, the US District Judge agreed with our arguments.  The District Judge overruled the findings of his fellow federal magistrate judge and the decision of the SSA judge and ordered that the case be sent back to the SSA for another hearing, this time to include consideration of all the claimant's impairments, his age, his education and his skills.