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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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