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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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