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

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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.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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