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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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