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7th Circuit reverses denial of disability benefits

February 20, 2015

An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.

The Circuit Court reversed the District Court with directions to remand the case to the Social Security Administration for further proceedings consistent with the analysis in its opinion in Daniel J. Hall v. Carolyn W. Colvin, 14-2498.

“Several doctors noted that Hall had been in pain when examined, and this was some corroboration of his testimony. The administrative law judge could have resolved her doubts by ordering an MRI or directing a further examination by a medical expert,” Judge Richard Posner wrote for the panel.

“Her failure to do either leaves her determination that Hall is not disabled without a foundation in substantial evidence. Her failure to analyze and weigh the Veteran Administration’s determination that the applicant is totally disabled was a further oversight.”

The case was remanded for further proceedings consistent with the analysis of the Circuit Court’s opinion.



 

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