ILNews

7th Circuit orders SSA take another look at woman’s case

Back to TopCommentsE-mailPrintBookmark and Share

Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.

In Linda K. Roddy v. Michael J. Astrue, Commissioner of Social Security, 12-1682, Linda Roddy, who had worked full-time as a shift manager at Taco Bell for many years, sought disability benefits after pain prevented her from working and doing basic household chores. She was in a car accident in 1999 that led to her seeking treatment for chronic pain. She went to pain management specialist Dr. Gary Wright for several years and received treatments. When she lost her insurance, she saw Wright less frequently until she stopped seeing him in January 2006. Tests revealed she had degenerative disc disease and inflammation of the joints in the lower back. She cut back hours at work at the suggestion of Wright until she could no longer work at all.

Roddy filed for benefits in November 2007, alleging that her disability began in November 2005. Dr. Larissa Dimitrov evaluated Roddy and found her not to be disabled. The agency denied her claim as did an administrative law judge. He found her not to be disabled using the five-step sequential process in 20 C.F.R. Section 404.1520(4).

The 7th Circuit found the ALJ failed to adequately explain why Wright’s views should be set aside and didn’t give much weight to his opinion. As Roddy’s treating physician, his opinion is entitled to controlling weight if it is supported by other evidence.

The judges also agreed with Roddy that this case must go back to the SSA because the ALJ erred by basing his credibility finding on Roddy’s failure to seek professional treatment for her back after 2006 and her ability to perform household tasks.

The 7th Circuit vacated the District Court judgment that found evidence supported the decision and remanded with instructions to send the case to the SSA for further proceedings.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT