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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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