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7th Circuit affirms denial of disability benefits

January 14, 2016

A worker with myriad health complaints failed to persuade the 7th Circuit Court of Appeals to reverse a district court’s decision denying him long-term Social Security disability benefits.

The panel affirmed a Northern District of Indiana court’s denial of benefits, upholding a determination of an administrative law judge that Kevin Loveless was not entitled to disability benefits. Loveless sought the benefits for a shoulder impairment, diabetes, pancreatitis and other conditions he claimed impaired his ability to work.

“Loveless insists that the ALJ erred by minimizing the opinion of his personal physician and disbelieving his own testimony about the limiting effects of his impairments. We reject those contentions,” Judge Michael Kanne wrote for the panel in Kevin J. Loveless v. Carolyn W. Colvin, Acting Commissioner of Social Security,15-2235. “The ALJ’s decision is supported by substantial evidence. Accordingly, the district court’s judgment is affirmed.”

Loveless sought to overturn the denial based on factors such as language the court criticized in prior rulings as “meaningless boilerplate,” his daily living activities, and his significant work history. But the panel found substantial evidence supporting the ALJ’s adverse credibility finding.

 

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