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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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