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7th Circuit rejects disability appeal

September 7, 2012

An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.

Former truck driver Robert S. Filus, 50, was denied the bulk of his disability claim due, the result of back problems. The 7th Circuit ruled in Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security, 12-1164 that the administrative law judge hearing the case in the U.S. District Court, Northern District of Indiana, Fort Wayne Division, decided the case correctly.

“The ALJ considered Filus’s testimony about the limiting effects of his pain along with his testimony that he regularly completed his daily household activities without any pain medication — not even over-the-counter products. In assessing a claimant’s allegations of
disabling pain, an ALJ must consider the claimant’s daily activities and use of pain medications,” the court wrote. “In light of the ALJ’s explanation, we cannot say that his credibility determination was patently wrong.”

 

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