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Public Health – Disability benefits

By: WISCONSIN LAW JOURNAL STAFF//February 25, 2015//

Public Health – Disability benefits

By: WISCONSIN LAW JOURNAL STAFF//February 25, 2015//

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U.S. Court of Appeals For the Seventh Circuit

Civil

Public Health – Disability benefits

Where the ALJ rejected the Veteran Administration’s determination that a claimant was totally disabled, the denial of benefits is reversed.

“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. 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.”

Reversed and Remanded.

14-2498 Hall v. Colvin

Appeal from the United States District Court for the Southern District of Indiana, Magnus-Stinson, J., Posner, J.

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