Credibility – Boilerplate Language Insufficient

Often, in the denial of a disability claim at the Hearing level, the ALJ will state: “The claimant’s statements concerning the intensity, persistence, and limiting effects of his symptoms are not entirely credible to the extent they are inconsistent with the above RFC assessment.”  Two recent decisions held that such boilaterplate language is “meaningless”.  See Bjornson v. Astrue, No. 11-2422 ___ F.3d ____ (7th Cir. Jan. 31, 2012); Smith v. Astrue, No. 11-2838, ___ F.3d ___ (7th Cir. Mar. 12, 2012).

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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