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7th Circuit ‘astonished’ by denial of disability for man in ‘awful shape’

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Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.

“We can’t figure out what the administrative law judge was thinking when he found that (Michael) Garcia could do construction work as late as 2010,” Circuit Judge Richard Posner wrote in reversing the denial of benefits. The panel remanded the matter to the Social Security Administration for further proceedings with a clear message that Garcia’s disability benefits were erroneously denied.

Garcia had been a construction worker until his employer shut down in 2008, according to the record. But Posner recited a litany of Garcia’s medical problems and wrote that those who denied his disability claim overlooked his former employer’s testimony that Garcia’s particular skills and abilities were highly valued, and so he was permitted to take off work two or three days a week on account of his health problems.

“Garcia is, and has been since he applied for disability benefits, in awful shape,” Posner wrote in Michael E. Garcia v. Carolyn W. Colvin, 13-2120. “We are astonished that the administrative law judge, seconded by the district court, should have thought him capable of full-time employment (40 hours a week). The administrative law judge’s opinion is riddled with errors.”

Two doctors – including a Social Security physician – attested that Garcia was incapable of full-time work, and the panel said no weight was given to that testimony even though no contrary evidence was presented.

“Garcia is one of the most seriously disabled applicants for (S)ocial (S)ecurity disability benefits whom we’ve encountered in many years of adjudicating appeals from benefits denials. We are surprised that the Justice Department would defend such a denial,” Posner wrote for the court.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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