By: WISCONSIN LAW JOURNAL STAFF//January 24, 2011//
Public Health
Disability benefits
Where a vocational expert confirmed that the mental limitations identified by the psychiatrist would preclude a disability claimant from working at any job, the only possible outcome is a finding that she is disabled.
“Dr. Mahmood’s assessment of Punzio’s mental residual functional capacity is well supported and consistent with the medical evidence, so it must carry the day. And because the record does not contain a conflicting opinion, we need not prolong these proceedings any further. Given Dr. Mahmood’s assessment and the vocational expert’s testimony that no jobs in the national economy can be filled by a person with Punzio’s mental limitations, the only possible outcome is a finding that Punzio has been disabled since July 2003. See 42 U.S.C. § 405(g); Brownawell v. Comm’r of Soc. Sec., 554 F.3d 352, 357-58 (3d Cir. 2008); Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 355 (7th Cir. 2005); Benecke v. Barnhart, 379 F.3d 587, 594-96 (9th Cir. 2004). We reverse the district court’s judgment in favor of the Commissioner and remand to the agency for an award of benefits.”
Reversed and Remanded.
09-3064 Punzio v. Astrue
Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Rovner, J.