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10-2654 McKinzey v. Astrue
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 [[...]
10-3454 Bassett v. Astrue
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 […]
09-3064 Punzio v. Astrue
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 […]
10-2006 Allord v. Astrue
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 […]
10-2006 Allord v. Astrue
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 […]
10-1314 Campbell v. Astrue
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, […]
10-2083 Spiva v. Astrue
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 […]
09-4083 O’Connor-Spinner v. Astrue
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 […]
09-3282 Jones v. Astrue
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 [...]
2009AP2053 Miller v. Sawyer County, et al.
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 […]
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- Bankruptcies up 16% in U.S.
- (Updated) Wisconsin law enforcement clash with pro-Palestinian Madison protestors
- Gov. Evers seeks applicants for Lafayette County Circuit Court
- Complaint against University filed by Wisconsin law firm over $1.9M given to Palestinian students
- Hush money trial judge raises threat of jail as he finds Trump violated gag order, fines him $9K
- Active shooter ‘neutralized’ outside Wisconsin middle school
- Audit finds Wisconsin Capitol Police emergency response times up, calls for better tracking
- Jury finds Wisconsin man sane in sexual assault, killing of toddler
- Attorney sentenced to 20 years in prison for sexually exploiting numerous children
- UW-Madison pro-Palestine protesters spark debate over free speech laws
- DEA to reclassify marijuana in a historic shift
- Wisconsin opens public comment on constitutional amendment regarding election officials
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