ILNews

Court: ALJ's ruling had several errors

Back to TopCommentsE-mailPrintBookmark and Share

Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.

In Debi Villano v. Michael J. Astrue, Commissioner of Social Security, No. 08-2150, Debi Villano appealed the denial of her application for disability insurance benefits and supplemental security income benefits. She claimed she was disabled permanently because she had arthritis in her knees and was obese. The Social Security Administration denied her claims, and the District Court upheld the administrative law judge's decision to deny her claims.

The ALJ performed a five-step analysis looking at how long it had been since Villano last worked, her impairments, and residual functioning capacity to determine she wasn't disabled.

But the ALJ erred when determining Villano's statements that she couldn't sit for six hours a day weren't credible because no medical evidence showed she couldn't. The ALJ failed to acknowledge Villano was obese, and this failure may impact the credibility determination, the Circuit judges determined in the per curium opinion. In addition, the ALJ couldn't discredit a claimant's testimony about pain and limitations solely because there is no objective medical evidence supporting it, the court continued.

The ALJ also erred in determining Villano's residual functioning capacity. The judge had to evaluate all limitations that arise from medically determinable impairments, even those that are not severe, and may not dismiss a line of evidence contrary to the ruling, wrote the court. The ALJ's cursory analysis doesn't give the 7th Circuit Court confidence he had appropriate reasons for rejecting the limitations Villano alleged.

In addition, he erred in determining Villano could perform a significant number of jobs and finding that Villano had acquired the transferable skill of "judgment." Other Circuit Courts have ruled that judgment isn't a skill, and the ALJ erred in concluding Villano had a generalized skill of judgment that was somehow transferable to new jobs in a different field. He also mistakenly ruled Villano could perform more than 15,000 jobs.

"In light of the other problems we have identified, we are not convinced that these errors are harmless," the court wrote.

On remand, the ALJ should give reasoned assessments of Villano's credibility, residual functioning capability, transferable skills, and ability to perform a significant number of jobs.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT