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7th Circuit orders agency to reconsider denial of benefits

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Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.

“The logical bridge was not sound here. The ALJ relied on three principal grounds to find that Ms. Beardsley could do light work: (1) her description of her own capabilities and daily activities, (2) the opinion of Dr. Brill, and (3) Ms. Beardsley’s conservative course of treatment, including her decision not to seek surgery. … [N]one of these factors, considered individually or collectively, provides adequate support for the ALJ’s conclusion that Ms. Beardsley could perform work more demanding than sedentary work,” Judge David Hamilton wrote in Cheryl Beardsley v. Carolyn W. Colvin, acting commissioner of Social Security
13-3609.

Dr. M. Brill, a Social Security Administration physician, found that applicant Cheryl Beardsley could stand or walk for about six hours out of an eight-hour workday and she could occasionally climb stairs, kneel or do other activities.

Beardsley was 49 at the time she fell and injured her knee. She did not have surgery, but did receive shots for her existing arthritis in that knee. She was also obese. She applied for disability benefits and was evaluated by two agency doctors – Brill, who went by the paper record, and Dr. Larry Banyash, who examined her. Banyash thought she was capable of sedentary work, but based on other factors, would qualify as disabled.

The federal appeals court found the ALJ’s failure to consider evidence that Beardsley was bothered by her knee enough to consider having the operation as well as her concerns about how she would pay for the surgery was a legal error. The record doesn’t support his explanation for discounting Banyash’s opinion, and the judges were troubled by the ALJ’s reliance on Beardsley’s care that she provided for her mother as the main reason to discount the evidence of her physical limitations. Most of what Beardsley did at her mother’s house was sedentary – playing cards, watching television or preparing simple meals.

“These tasks ‘differ dramatically’ from the type of jobs the ALJ believe Ms. Beardsley was capable of performing, and lend no support to the conclusion that she would be able to spend six hours a day, every day, on her feet working.”

The judges sent the case back to the Social Security Administration for further proceedings.


 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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