Justia Public Benefits Opinion Summaries

Plaintiff entered into a lease with the housing authority in 2007 as "Resident" and named her two sons as "Household Members." The lease provided that certain criminal activities could lead to immediate eviction. Plaintiff received a notice to vacate a few weeks later, after a visit by her daughter led to a gunfight in the parking lot. While plaintiff's challenge was pending, second and third notices issued. Police had been called to her apartment and determined that plaintiff had stabbed her husband, who was living at the apartment and was high on cocaine. Officers found joints on the counter. Plaintiff vacated. The district court granted summary judgment in favor of the defendants on federal claims and declined to exercise jurisdiction over state law claims. The Seventh Circuit affirmed. The case is moot because plaintiff never contested the second and third notices and, therefore, cannot be restored to the apartment; there was evidence that she lied on her application and was never eligible for tenancy. She incurred no expenses and state court proceedings provided all the process that was due. The court rejected a claim of emotional distress and a claim that the complex constituted segregated housing. View "Stevens v. Hous. Auth. of South Bend" on Justia Law

Mother applied for supplemental security income on her daughter's behalf shortly before daughter's s eighteenth birthday, claiming that daughter was disabled by a combination of mental impairments (including bipolar disorder) and by physical impairments resulting from a 2005 car accident. An administrative law judge found the collective impairments severe but not disabling. The Seventh Circuit reversed and remanded. The ALJ did not properly analyze the opinion of a treating psychiatrist and did not adequately question vocational experts with respect to limitations on her concentration, pace, or persistence. View "Jelinek v. Astrue" on Justia Law

Following multiple surgeries for back injuries and multiple, unsuccessful, claims for disability benefits, the applicant asserted, in a 2008 hearing, that she had been disabled since 2004 and was still disabled but had returned to work because she needed the money. An ALJ found that she had been disabled by chronic back pain but after four years showed "medical improvement." and returned to full-time work.The ALJ awarded benefits for a closed period. The Seventh Circuit reversed and remanded. The ALJ never evaluated whether that work constituted an authorized, and encouraged, trial work period and, therefore, could not be labeled as substantial gainful activity. View "Tumminaro v. Astrue" on Justia Law

Petitioner's claim for Social Security disability insurance benefits (42 U.S.C. 423(a)(1)(E)) and supplemental security income payments after suffering serious injuries in a motorcycle crash were denied by the Social Security Administration. An ALJ also denied the claim after conducting a hearing, finding that petitioner could perform a significant number of jobs. The district court the denial. The Seventh Circuit affirmed the denial as supported by substantial evidence that petitioner is qualified to work in positions that are available in substantial numbers.

Based on her part in billing Indiana Medicaid for ambulance service while running a car service to take patients to medical appointments, defendant was convicted of Medicaid fraud, 18 U.S.C. 1347, and conspiracy to defraud the U.S. government, 18 U.S.C. 371. She was sentenced to 33 months in prison and to pay restitution of $846,115. The Seventh Circuit affirmed. Data relating to time-stamping of bills, which may have established that multiple people submitted bills, was not concealed; the government simply failed to extract (before trial) information to which it and the defense had access. Even if the data was "Brady" material, it would not have changed the outcome. The judge did not err in telling the jury that a scheduled witness was ill without saying that the witness had refused treatment.

After prevailing in a suit for social security disability benefits, plaintiff asked for attorney's fees of $25,200 under the Equal Access to Justice Act, 28 U.S.C. 2412(d)(2)(A). The district judge awarded $6,625, cutting the hours from 112 or 116 to 53, adopting objections made by Social Security Administration lawyer, and the hourly rate from $225 to the rate specified in the statute $ 125. The Seventh Circuit reversed and remanded, noting that the Social Security Act provides for awarding a "reasonable fee" for representation in the administrative proceeding and in a successful appeal, 42 U.S.C. 406(a)(1), but the EJA does not provide for "market rate" and creates a presumptive ceiling of $125. The district court did not consider the special circumstances and factors that may be considered under the Act.

After prevailing in a suit for social security disability benefits, plaintiff asked for attorney's fees of $25,200 under the Equal Access to Justice Act, 28 U.S.C. 2412(d)(2)(A). The district judge awarded $6,625, cutting the hours from 112 or 116 to 53, adopting objections made by Social Security Administration lawyer, and the hourly rate from $225 to the rate specified in the statute $ 125. The Seventh Circuit reversed and remanded, noting that the Social Security Act provides for awarding a "reasonable fee" for representation in the administrative proceeding and in a successful appeal, 42 U.S.C. 406(a)(1), but the EJA does not provide for "market rate" and creates a presumptive ceiling of $125. The district court did not consider the special circumstances and factors that may be considered under the Act.

After prevailing in a suit for social security disability benefits, plaintiff asked for an award of attorney’s fees of $25,200 under the Equal Access to Justice Act, 28 U.S.C. 2412(d)(2)(A)(ii). The district judge cut the amount to $6,625, adopting objections made by the Social Security Administration’s lawyer to hours spent on tasks and hourly rate. The Seventh Circuit reversed and remanded, rejecting both the attorney's attempt to justify the fee and the court's reasoning.

The applicant sought disability insurance benefits and supplemental security income, claiming that she is disabled by bipolar disorder and numerous physical impairments. The Social Security Administration denied the application; a magistrate judge affirmed. The Seventh Circuit vacated and remanded. The ALJ erred in discounting the testimony of the treating physician and in finding that the applicant exaggerated her difficulties.

The employee developed bilateral cubital tunnel syndrome while working at a supermarket, then worked as a greeter until she was laid off in 2003 because she was unable to perform the job. She subsequently started and left a dental hygiene, radiology technology, and electroencephalography training programs because of problems related to her hands and vision. At age 45 she had an extensive medical history, including fibromyalgia, degenerative disc disease, bilateral mild ulnar neuropathy, and multiple eye surgeries with dry eye syndrome. In 2008 an ALJ rejected her claim for social security disability benefits. The appeals council denied review and the district court affirmed. The Seventh Circuit affirmed, noting that the ALJ failed to acknowledge a physician report contrary to her conclusion and to explain the weight she gave that opinion, but stating that remand would serve no purpose in light of the overwhelming evidence supporting the denial.