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Denial of SSI reversed for failure to consider mental health

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A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.

Carol Bates applied for Supplemental Security Income following an auto accident that left her with physical and mental impairments and inhibited her ability to work. Her treating psychiatrist diagnosed Bates with bipolar type 2 disorder but noted that medication appeared to be helping.

The ALJ denied her application and the U.S. District Court for the Northern District of Indiana, Hammond Division, affirmed. In Carol Bates v. Carolyn W. Colvin, Acting Commissioner of Social Security, 12-3359, the 7th Circuit reversed the decision of the District Court and remanded for rehearing.

The 7th Circuit found the ALJ was not “patently wrong” in discrediting Bates’ testimony about the extent of her chronic pain. Although the ALJ disregarded the opinions of two physicians treating Bates in favor of the opinion of the consultative doctor, this was not an error because the ALJ found discrepancies in Bates’ testimony and observed the claimant did not appear to be in pain during the hearing.

However, the ALJ did not provide any sound reasons for giving little weight to the psychiatrist’s opinion which was supported with Bates’ testimony and primary physicians.
 
“…in this case there was no other medical opinion for the ALJ to fall upon,” Judge Michael Kanne wrote for the court. “The state agency examining and consultative physicians did not examine Bates for psychological illness; at the time they reviewed her record, Bates had only seen a therapist briefly after the death of her fiancé. While Bates did bear the burden of producing evidence of her impairments, if the ALJ thought this evidence insufficient – as she apparently did – it was her responsibility to recognize the need for additional evaluations.”

 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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