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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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