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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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