Public Health – Disability benefits

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U.S. Court of Appeals For the Seventh Circuit

Civil

Public Health – Disability benefits

The ALJ is not required to explicitly find that a disability claimant was missing objective medical evidence before concluding she was not disabled.

“The regulation, however, does not require such an explicit finding, and it was not necessary to ‘build an “accurate and logical bridge from the evidence to his conclusion.”’ McKinzey, 641 F.3d at 889. The regulation provides that an ALJ will not consider the individual’s own allegations if the medical evidence demonstrates a lack of severity. It is a straight prohibition against substituting an individual’s symptoms for objective medical evidence. Nowhere is there a requirement that the ALJ make a specific finding of missing or deficient medical evidence prior to concluding that he need not consider an individual’s allegations of pain or other symptoms. As we have said, an ALJ ‘need not provide a complete written evaluation of every piece of testimony and evidence.’ Shideler, 688 F.3d at 310. In sum, the ALJ did not err in making his Step 3 determination.”

Reversed.

13-3622 Curvin v. Colvin

Appeal from the United States District Court for the Eastern District of Wisconsin, Stadtmueller, J., Manion, J.

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