Public Health — disability benefits

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U.S. Court of Appeals for the 7th Circuit

Civil

Public Health — disability benefits

Where an applicant for disability benefits was found disabled immediately on her 55th birthday, she is entitled to back benefits.

“The applicant’s treating physicians, together with three consultative physicians selected by the Social Security Administration who examined the applicant and studied her medical records, advised the administrative law judge that she suffers from fibromyalgia, spinal disk disease, ‘photophobia’ (abnormal sensitivity to light), and other ailments unnecessary to discuss, and that as a result she walks haltingly, has difficulty gripping objects, experiences difficulty in rising from a sitting position, has trouble concentrating in a bright room or when looking at a computer screen, and as a result of this assemblage of impairments cannot do even light work on a full-time basis. If this is right she was disabled before she turned 55 and is therefore entitled to a back payment of Supplemental Security Income.”

Reversed and Remanded.

13-3624 Herrmann v. Colvin

Appeal from the United States District Court for the Northern District of Indiana, Martin, Mag. J., Posner, J.