ALJ Patrick Digby

[Jim Abernathy]

I have a hearing coming up with this ALJ from the Florence ODAR soon.  If you have had experience with him and would be willing to share your advice on how to handle a hearing with him, I'd appreciate it. The hearing was originally scheduled for today, but the medical expert who was scheduled (Dr. Levine??) was unable to attend.  I found that out after I arrived today.  Judge Digby called me into the hearing room and told me that he had originally planned to go ahead with the hearing without the medical expert, but after reviewing the records from the treating pain management physician and the opinion of the treating nurse practitioner (both favorable to the claimant), he felt like he needed the medical expert to explain inconsistencies with the CE report in the file.  So, the hearing was postponed.  Judge Digby seemed nice enough for the few minutes I talked with him, and a quick review of the USDC decisions in Google Scholar that referred to him by name didn't reveal anything terribly alarming, but something about his needing a medical expert when he has two separate supportive opinions from treating sources--one from an MD and one from a CRNP--it seems like he might be up to no good. I'd like some insight on what to expect from him at the hearing, especially about how he handles medical experts and their cross examination.  I also wonder how he would handle a pre-hearing brief, in which I would explain our view of the evidence and applicable law.  Would it likely help him see the evidence correctly, or would he use my brief,  while he writes his unfavorable decision, to head off my potential arguments on further appeal?  If you'd prefer, you can send me your comments privately.

Jim Abernathy
Abernathy Disability Law
2117 Jack Warner Pkwy Ste 5
Tuscaloosa, AL 35401
tel: (205) 345-8255
alt email:  disabil...@gmail.com