SSI Benefits – Judicial Error

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Civil

7^th Circuit Court of Appeals

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.

SSI Benefits – Judicial Error

No. 15-1444 William Price v. Carolyn

Where appellant denial of SSI benefits improperly denied due to unforced error by Magistrate Judge improper recitation of administrative law judge’s finding.

“The magistrate judge essentially just summarized the administrative law judge’s findings, but made an unforced error when he said that the administrative law judge’s “detailed discussion of Dr. Lee’s records” included a reference to a statement by Dr. Lee “that plaintiff had three episodes of decompensation [mental breakdown] in the last fourteen months, an assertion which is clearly not supported by his records” (emphasis added). No, the records report the three breakdowns, which are three of the four that we noted earlier in this opinion. What the administrative law judge had said was that Dr. Lee’s records did not show repeated and extended episodes of decompensation that would lead to an automatic finding of disability. He rightly did not cite this as a basis for giving Dr. Lee’s opinion little weight, because the form that Lee had filled out concerning Price’s condition asked just for the number of episodes of decompensation, not how long they lasted.”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.