11-1295 & 11-1427 Raybourne v. Cigna Life Insurance Co. of New York

11-1166 Kastner v. Astrue

11-3589 Farrell v. Astrue

11-3284 Shideler v. Astrue

11-159 Astrue v. Capato

11-2424 Arnett v. Astrue

11-3232 Shauger v. Astrue

United States Court of Appeals For the Seventh Circuit Civil Public Health — disability benefits Where a disability claimant is only able to work three hours per day at most, it was error to deny her disability benefits. “The second medical report that Dr. Rafiq submitted was a form that the Illinois disability determinations agency had asked him to fill ...

10-3340 Jelinek v. Astrue

11-1846 Tumminaro v. Astrue

Public Health Disability benefits

Public Health Disability benefits

Public Health Disability benefits Where a disability claimant’s treating physician opined that she was exaggerating her symptoms and limitations, the ALJ’s denial of benefits is affirmed. “[W]hat McKinzey’s account of the credibility determination leaves out is the final reason given by the ALJ, namely that, ‘[i]n addition, the record includes evidence strongly suggesting that claimant has exaggerated symptoms and limitations.’ ...

Public Health Disability benefits; attorney fees Where the precise date when a disability benefits applicant became eligible is debatable, the applicant is not entitled to attorney fees incurred in successfully establishing an eligibility date. “We do not think that Chief Judge McCuskey abused his discretion when he decided that the commissioner’s position in Bassett’s case was substantially justified. There is ...

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 ...

Public Health Disability benefits Where the ALJ did not adequately say why he discounted the opinion of a disability applicant’s treating physician, the case must be remanded. “Allord is correct that the Social Security Administration is bound to give a treating physician’s opinion controlling weight if her ‘opinion on the issue(s) of the nature and severity of [the applicant’s] impairment(s) ...

Public Health Disability benefits Where the ALJ did not adequately say why he discounted the opinion of a disability applicant’s treating physician, the case must be remanded. “Allord is correct that the Social Security Administration is bound to give a treating physician’s opinion controlling weight if her ‘opinion on the issue(s) of the nature and severity of [the applicant’s] impairment(s) ...

Public Health Disability benefits Where the ALJ ignored portions of a physician’s report suggesting a disability, the denial of disability benefits must be reversed. “An ALJ may not selectively discuss portions of a physician’s report that support a finding of non-disability while ignoring other portions that suggest a disability. Myles v. Astrue, 582 F.3d 672, 678 (7th Cir. 2009). The ...

Public Health Disability benefits Where the ALJ’s opinion contained no analysis how the disability applicant could do his previous job, the denial of benefits must be reversed. “The administrative law judge’s opinion is unsatisfactory, and likewise the government’s brief and oral argument, which misstate the record in several places and, worse, seem determined to dissolve the Chenery doctrine in an ...

Public Health Disability benefits Where the ALJ failed to include the limitations of a disability claimant in a hypothetical question to a vocational expert, the denial of benefits must be reversed. “We acknowledge that there may be instances where a lapse on the part of the ALJ in framing the hypothetical will not result in a remand. Yet, for most ...

Public Health Disability benefits Where an ALJ’s adverse credibility determination was supported by the medical evidence, the opinions of treating physicians, and the claimant’s daily activities, the disability claim was properly denied. “Jones implies that the ALJ based the credibility determination on the absence of medical evidence. Although the ALJ reported that Dr. Karr did not observe any signs of ...

Employment Disability benefits Donald Miller appeals a judgment affirming a Labor and Industry Review Commission decision that denied Miller duty disability benefits under Wis. Stat. § 40.65. Miller contends he has satisfied the statute’s severity requirement, and is therefore eligible for benefits, because his disability has caused a reduction in his pay and has adversely affected his promotional opportunities. The ...