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. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"