Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Engstrand, a former dairy farmer, applied for Disability Insurance Benefits and Supplemental Security Insurance because of pain caused by diabetic neuropathy and osteoarthritis, in July 2010, when he was 47. He alleged an onset of disability in July 2007, more than a year before his date last insured in September 2008. The ALJ concluded that his account of his limitations was not credible, that the opinion of his treating physician was not entitled to deference, and that Engstrand was not disabled. The Seventh Circuit reversed and remanded, stating that the ALJ wrongly evaluated the significance of his daily activities and did not explain his rejection of the doctor's testimony. View "Engstrand v. Colvin" on Justia Law

After years of working as a locomotive engineer, and more briefly as a limousine driver, Duncan applied for a disability annuity (Railroad Retirement Act, 45 U.S.C. 231a(a)(1)(v)) in 2010. His application alleged constant back pain stemming from a 2003 workplace injury in which he slipped on ice, hit his head, and injured his back. The Railroad Retirement Board denied his application and denied it again upon reconsideration in 2011. A hearing officer denied Duncan’s application in 2012. In 2013, a three-member board affirmed. The Seventh Circuit affirmed, concluding that substantial evidence supports the Board’s decision that Duncan retains the capacity to perform a reduced range of work. View "Duncan v. United States R.R. Ret. Bd." on Justia Law

The plaintiff applied for social security disability benefits in 2009, at the age of 43, claiming to be disabled by a cyst (a liquid-filled sphere) in her pineal gland, a small endocrine gland in the brain that produces melatonin, which regulates sleep. The cyst caused her to experience vertigo, blurred vision, and headaches. She has a high-school education, is married and has children, but has never held a full-time job. In 2010 she underwent brain surgery to remove the cyst. Although an MRI following the operation showed that the cyst had been removed and the site of the operation in the brain was healing normally, and her vertigo and vision problems had been resolved, within weeks she was complaining about pain and numbness in her head. She had declined suggested treatments and had continued her hobby of long-distance running. After a hearing before an administrative law judge in 2011, her application was rejected. The rejection upheld by the district court and the Seventh Circuit. The administrative law judge was entitled to find that the plaintiff, although she may well suffer from chronic pain, is capable of full-time employment and therefore not totally disabled. View "Mitze v. Colvin" on Justia Law

The plaintiff, then age 40, applied to the Social Security Commission in 2009 for benefits, claiming to be disabled from gainful employment as a result of psychiatric disorders (depression and bipolar disorder), chronic back and hip pain, and an anal fissure. He had been trained as a machinist and, until 2002, had worked intermittently as a machinist and an assembly line worker. The administrative law judge denied his claim on the ground that he was capable of performing unskilled sedentary work. The district court upheld the denial of benefits. The Seventh Circuit reversed, noting contradictions and gaps in the ALJ’s reasoning. The court did “not say that Voigt is in fact totally disabled from gainful employment, however— only that he’s entitled to a more careful analysis of his claim by the Social Security Administration.” View "Voigt v. Colvin" on Justia Law

Hall, an aviation mechanic, was discharged in 2001 by the military because of pain from an ankle injury. He was deemed by the Department of Veterans Affairs to be 70 percent disabled and to be “unemployable” in “a substantially gainful occupation” and totally disabled, 38 C.F.R. 4.16. In 2010 he applied for social security disability benefits on the ground that pain from his ankle injury, plus back and knee pain and other ailments, had worsened and rendered him totally disabled under Social Security Act standards. From 2005-2011 he underwent physical examinations and diagnostic tests. Some results were normal but many were not, revealing torn ligaments, obesity, possible arthritis, an “alignment problem” in his back, and fibromyalgia. Hall testified about his pain and inability to perform normal functions. The Seventh Circuit reversed the denial of benefits. Several doctors noted that Hall had been in pain when examined, which was some corroboration of his testimony. The ALJ could have resolved her doubts by ordering an MRI or directing a further examination by a medical expert. In addition, her failure to analyze and weigh the VA determination that Hall is totally disabled was a further oversight. View "Hall v. Colvin" on Justia Law

When the applicant was 15 years old, “Harrington rods” were inserted into his spine to correct a 57-degree curvature of the spine. He then developed chronic back pains. He also has cognitive difficulties. At age 20 he was determined to be eligible for social security disability benefits, but he later obtained a job at a nonprofit organization, driving disabled clients, helping with cooking and cleaning, and performing clerical tasks. The Social Security Administration determined in 1999 (when the applicant was 32) that he was not disabled and tried to recover the $65,000 in benefits. He declared bankruptcy. Three years later, he was fired because he could not keep up with the demands of the job. Two years later he reapplied for social security disability benefits. Several physicians and mental-health professionals diagnosed: chronic back pain; cubital tunnel syndrome; a somatoform disorder; depression, anxiety, panic attacks, agoraphobia, low intelligence, dizziness, migraine headaches, and deficient short-term memory. The applicant and his father testified to sleeplessness, loss of balance, blurred vision, and abdominal pain. The ALJ concluded that he was capable of unskilled light work of a routine and repetitive character and was not disabled. The Seventh Circuit reversed the denial of benefits, finding the opinion “riddled with errors.” View "Adaire v. Colvin" on Justia Law

In 2010, Curvin applied for disability benefits under the Social Security Act, 42 U.S.C. 401, alleging that she became disabled beginning in January 2009 from glaucoma, overactive thyroid, high blood pressure, difficulty sleeping, and knee pain. The ALJ denied her claim in 2011, finding that Curvin had not engaged in substantial gainful activity since the alleged onset of her disability; that Curvin’s glaucoma in her right eye was a severe impairment, and that the objective medical evidence showed that her remaining impairments were not severe; that based on the conclusions of Curvin’s treating and examining physicians and objective medical evidence, Curvin did not have an impairment or combination of impairments that met the severity of a listed impairment. The ALJ determined that Curvin had a residual functional capacity to perform a full range of work at all exertion levels, but with a nonexertional limitation of no peripheral vision on her right side due to her glaucoma. The district court vacated. The agency appealed. The Seventh Circuit reinstated the denial as being supported by substantia evidence. View "Curvin v. Colvin" on Justia Law

Sprinkle applied for supplemental social security income. After exhausting administrative remedies, Sprinkle sought judicial review of a final decision that he was not disabled. The district court held that the agency failed to properly evaluate evidence of Sprinkle’s disability and reversed. Sprinkle sought attorney’s fees under the Equal Access to Justice Act. While the EAJA contains a presumptive rate cap of $125 an hour, courts may award enhanced fees if justified because of an increase in the cost of living. The court found that Sprinkle was entitled to fees, but rejected his request for a cost-of-living enhancement. The Seventh Circuit vacated. An EAJA claimant seeking an adjustment need not offer proof of the effects of inflation on the particular attorney’s practice or proof that no competent attorney could be found for less than the requested rate. The claimant may rely on a readily available measure of inflation such as the Consumer Price Index, as well as proof that the requested rate does not exceed the prevailing market rate in the community for similar services by lawyers of comparable skill and experience. An affidavit from a single attorney testifying to the prevailing market rate may suffice to meet that burden. View "Sprinkle v. Colvin" on Justia Law

Minnick suffers from several serious medical problems, including fibromyalgia, chronic obstructive pulmonary disease (COPD), and degenerative disc disease. Minnick was a truck driver for 24 years until taking short term leave in 2008 due to pain in his legs and hip. After returning to work, he was laid off. In 2010, he applied for disability insurance benefits under the Social Security Act. After the Disability Determination Bureau denied Minnick’s claim, an Administrative Law Judge determined that Minnick is not disabled within the meaning of the Social Security Act. The Appeals Council denied review. The district court affirmed. The Seventh Circuit reversed, finding that the ALJ did not fully develop the record nor adequately articulate her analysis in discrediting the testimony of one of Minnick’s treating physicians. View "Minnick v. Colvin" on Justia Law

After the U.S. Department of Veterans Affairs determined Evans was no longer competent to manage his veterans’ benefits, it appointed his daughter as the federal fiduciary. The VA later terminated her appointment and appointed the Greenfield Banking Company. Evans’s wife and daughter filed suit asserting breach of fiduciary duty and conversion by the Bank and sought creation of a constructive trust. The complaint alleges that the Bank complied with the terms of its obligations to the VA as federal fiduciary but that doing so meant it breached its fiduciary duty to Evans. The complaint did not claim misuse of funds, mismanagement depriving him of the use of any funds, embezzlement, or the like. The daughter was apparently not fully reimbursed for expenditures she made on behalf of Evans while pursuing a guardianship in state court. Evans died in 2012. The district court dismissed. The Seventh Circuit affirmed, stating that the complaint is really a challenge to a federal fiduciary appointment and to veteran benefits distribution and, as such, not within the court’s jurisdiction. View "Stump v. Greenfield Banking Co," on Justia Law