ILNews

Judges order another look at whether woman qualifies for disability

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.

In Laenise Arnett v. Michael J. Astrue, commissioner of Social Security, No. 11-2424, Laenise Arnett appealed the denial of disability insurance benefits. Arnett applied for DIB in June 2004, claiming her onset date of June 14, 2002. She suffers from numerous physical and mental health issues, including obesity, peripheral vascular disease, chronic obstructive pulmonary disease, depression, and anxiety. She is able to stand for less than two hours a day and has trouble walking more than a few steps at a time.

When evaluating her residual functional capacity, the administrative law judge didn’t mention several of her physical and mental impairments and found that she could perform sedentary work that was limited to carrying up to 10 pounds occasionally, and less than 10 pounds frequently; sitting for six hours of an eight-hour day; walking for two hours of the eight-hour day; and alternating between sitting and standing throughout the day.

The 7th Circuit found problematic that the ALJ didn’t incorporate adequately Arnett’s mental impairments into the RFC and that he didn’t take into account several of Arnett’s diagnosed physical impairments or her obesity.  The judges agreed with Arnett that the ALJ failed to formulate a RFC that is sufficiently specific as to how often she must be able to sit and stand.

They remanded the case to the agency for further proceedings.

 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT