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Man not entitled to disability benefits

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The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.

Bradley M. Shideler has osteogenesis imperfecta, or “brittle bone disease.” He applied for Social Security Disability Insurance benefits in 2006, alleging a disability onset date of June 30, 1995. His last date of being insured was March 31, 2000.

At a hearing, he testified that his back pain was a constant “10 out of 10” and was limited in what household chores he could do. He said he couldn’t stand or walk for very long and had to frequently lie down. He previously worked as a carpet cleaner in 1997 and as a rental consultant for three years. In 1999, he was injured while riding his motorcycle and had to have knee surgery. He claimed to have broken 55 bones over the years, but his medical records only supported a handful of surgeries.

A vocational expert testified that based on most of Shideler’s physical restrictions, he could work as a credit clerk, order clerk, or telephone clerk. When the ALJ gave the vocational expert a very specific list of restrictions, including a person who couldn’t work a full eight hours without needing additional breaks, the vocational expert said there would be no jobs available under those restrictions.

A state physician completed a residual functional capacity assessment of Shideler, which in that doctor’s opinion found he could perform medium work and could even occasionally climb ladders.

The ALJ denied Shideler’s application; the Appeals Council denied his request for review. The District Court also upheld the decision. He challenged the ALJ’s conclusion that he was not disabled prior to March 31, 2000, claiming her findings weren’t supported by the evidence.

The 7th Circuit found the ALJ’s reasons for finding Shideler’s testimony to not be fully credible are sound and not “patently wrong.” Whatever Shideler’s current condition is, the ALJ’s decision finding that he was not disabled as of March 2000 is supported by substantial evidence, the judges held. The appellate court sympathized with Shideler, but his condition didn’t rise to the level of a disability prior to his date last insured.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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