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Judges order Social Security Administration to take another look at man’s claim

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The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.

Charles Kastner worked as a delivery manager in 2004 when he felt a pop in his neck while unloading a heavy refrigerator. His pain increased as the days went on. In addition to this incident, 16 years earlier Kastner had an workplace accident where he fell from a safety ladder which broke while he was standing on it.

Kastner visited several doctors for his pain and mobility issues. He had two surgeries to remove a herniated cervical disc. By March 2007, Kastner’s neuropathic pain had returned and he was referred for chronic pain management.

He applied for disability insurance benefits in June 2006, claiming he couldn’t work due to chronic neck pain. The administrative law judge denied the claim in November 2008, finding Kastner could perform sedentary work. The Appeals Council denied a request for review and the District Court affirmed the ALJ’s decision.

But the 7th Circuit found the ALJ’s decision lacked evidence to support her decision that Kastner’s impairment is considered conclusively disabling. Kastner argued that his condition meets the requirements for disorders of the spine found in the Listing of Impairments. The commissioner for the Social Security Administration advanced several arguments defending the ALJ’s decision, but the agency cites to evidence the ALJ didn’t rely upon, Judge Ann Claire Williams wrote in Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security, 11-1166.  

“On appeal, the Commissioner may not generate a novel basis for the ALJ’s determination. To permit meaningful review, the ALJ was obligated to explain sufficiently what she meant by ‘limitation of motion of the spine as anticipated by section 1.04A,’” she wrote.

The 7th Circuit sent the case back to the SSA, encouraging the administrative law judge to consider and account for certain medical evidence along with Kastner’s personal statements about his symptoms.

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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