Social Security Disability Benefits

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7^th Circuit Court of Appeals

Case Name: Mikeal G. Cole, Jr. v. Carolyn W. Colving

Case No.: 15-3883

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges

Focus: Social Security Disability Benefits

ALJ improperly rejected clinical findings and erred in denying appellant benefits.

“Nevertheless the administrative law judge denied Cole’s application for disability benefits—primarily on the odd ground that the “timing of his filing appear[ed] to coincide with when his unemployment benefits were running out,” which the administrative judge said “suggests that it was economic need, not disabling medical conditions, that prompted” Cole to apply for benefits. That doesn’t make sense. When receiving unemployment benefits Cole didn’t need disability benefits, and probably wouldn’t have expected to be allowed to receive both types of governmental benefits at once, as receipt of unemployment benefits would imply ability to work. Unemployment benefits are generally given only to those registering as unemployed, and often on conditions ensuring that they seek work and do not currently have a job. Furthermore, we explained in Sarchet v. Chater, 78 F.3d 305, 308 (7th Cir. 1996), that people often are “reluctant” to apply for benefits and “undergo arduous administrative proceedings” until driven to do so by “desperation resulting from a personal crisis” or “the cut off of other public funds.” The presence of economic need is hardly inconsistent with having a disability; indeed the two go hand in hand.”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner 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.