Cherry-picking is when decision makers find evidence to deny a disability claim--while ignoring or mischaracterizing important evidence that supports a finding of disability. Basically, cherry-picking is looking only at evidence that supports a denial of benefits. Examples of cherry-picking would be: Ignoring medical opinions that consistently point to disability Downplaying facts in the medical record that support a finding of disability Emphasizing "good days" and down-playing bad ones. Using certain activities or events to find the claimant is not disabled, which really have nothing to do with whether the claimant can work. I once had a judge question my client extensively about spending a week at his vacation home at the lake. He seemed to infer that my client could not be disabled if he was able to enjoy a week at the lake. Quickly, I redirected the questioning to "What did you actually do at the lake?" Turns out, my client sat on the porch reading an...
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