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Judges order another look at whether woman qualifies for disability

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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.

 

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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