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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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