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Judges order SSA to determine if father is entitled to daughter’s disability benefits

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The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”

Pamela Townsend applied for Social Security Disability Insurance in 2003, claiming she had become incapable of full-time employment in May 2002 due to physical and psychiatric elements. She lived with her parents and her father, Gene Williams, testified at two of her hearings as well as Townsend. The two did not testify at a third hearing held on the matter.

In January 2012, the administrative law judge decided that she did not become totally disabled until Nov. 1, 2008. Townsend died several months after the hearing and so Williams appealed the ALJ’s ruling partially adverse to his daughter’s claim. He wanted the date she became totally disabled pushed back to May 1, 2002. If the date she became totally disabled is earlier than June 30, 2006, the date on which Townsend ceased to be covered by SSDI, her father is entitled to his daughter’s disability insurance benefits from that date until the date of her death.

“As we – and other circuits – have emphasized repeatedly in reviewing denials of disability benefits by the Social Security Administration’s administrative law judges, the combined effects of the applicants impairments must be considered, including impairments that considered one by one are not disabling,” Judge Richard Posner wrote in Gene Williams on behalf of Pamela J. Townsend v. Carolyn W. Colvin, acting commissioner of Social Security, 13-3607.

The ALJ made it clear in her decision that she thought Townsend’s “statements concerning the intensity, persistence and limiting effects of her fibromyalgia symptoms … (were) not credible prior to November 1, 2008, to the extent that they are inconsistent with” her being able to work.

The 7th Circuit found the ALJ’s analysis deeply flawed, pointing out that the judge assessed Townsend’s credibility without asking any questions of her and her father even though they both were present at the third hearing.

“The need to hear what Townsend might say concerning her physical ailments was essential because the medical evidence was inconclusive,” Posner wrote.

The doctor on whom the ALJ relied so heavily had not testified that Townsend was exaggerating her physical symptoms, but rather that since they probably had not been caused by fibromyalgia she should have additional medical tests in order to determine the cause.

“The administrative law judge committed the further error … of ignoring the combined effect of Townsend’s ailments on her ability to work. She considered Townsend’s psychiatric problems and found them not to be disabling, and then considered her physical problems and found them not to be disabling either, but she ignored the possibility that the combination was disabling,” Posner wrote.

These errors require reversal and remand to the Social Security Administration for a redetermination of the date on which Townsend became totally disabled and thus eligible for disability insurance benefits.
 

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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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