Justia Public Benefits Opinion Summaries

Loveless, age 56, applied for Disability Insurance Benefits claiming that he could not work because of a shoulder impairment, diabetes, and pancreatitis. An Administrative Law Judge concluded, however, that Loveless could perform light work with restrictions. The Appeals Council and the district court upheld that determination. The Seventh Circuit affirmed, rejecting an argument that the ALJ erred by minimizing the opinion of Loveless’s personal physician and disbelieving his own testimony about the limiting effects of his impairments. The adverse credibility determination was supported by substantial evidence. View "Loveless v. Colvin" on Justia Law

In 2011, Bogina sued under the False Claims Act, 31 U.S.C. 3729, seeking compensation for exposing fraud allegedly perpetrated against the federal government and several state governments. Defendants included a major supplier of medical equipment to institutions reimbursed by Medicare and other federal programs and its customer, a chain of nursing homes. The district judge dismissed the federal claims as being too similar to those in a prior suit and relinquished jurisdiction over the state claims. The Seventh Circuit affirmed, finding differences between this suit and an earlier suit “unimpressive” and stating that it did not matter that the alleged fraud continued. View "Bogina v. Medline Indus., Inc." on Justia Law

Plaintiff applied for disability benefits, listing eight impairments. The Social Security Administration denied Plaintiff’s application and did so again on reconsideration. The next year, Plaintiff testified before an Administrative Law Judge (ALJ). The ALJ disbelieved Plaintiff’s testimony that she could not sit, stand, or walk for extended periods of time and denied Plaintiff’s application for Disability Insurance Benefits and Supplemental Security Income. The Appeals Council denied review, making the ALJ’s decision the final decision of the Commissioner of Social Security. Plaintiff challenged the ALJ’s adverse credibility finding on appeal. The Seventh Circuit reversed, holding that the ALJ’s analysis was flawed in several respects, and the ALJ’s mistakes in evaluating Plaintiff’s credibility were not harmless. Remanded. View "Hill v. Colvin" on Justia Law

The Centralia state-operated developmental center, one of seven Illinois SODCs, houses approximately 200 severely disabled individuals, some having the mentality of an infant or toddler. Many also have serious aggressive, or self-destructive behavioral disorders. The seven SODCs have, in total, about 1800 residents, while about 10,000 people with severe developmental disabilities live in community-based facilities: houses or apartments in residential settings that accommodate one to eight residents. The state agency provides services (such as housing and medical care) to approximately 25,000 developmentally disabled persons. Another 23,000 or so are on a waiting list; 6000 are considered to be in emergency situations. Since 2012 Illinois has been trying to shift SODC residents to community-based facilities, in accordance with a national trend: community-based facilities are cheaper than SODCs and there is evidence that even persons who are severely disabled mentally or behaviorally or both do better in community-based facilities. A suit, on behalf of the Centralia SODC residents, alleged violation of the Americans with Disabilities Act, 42 U.S.C. 12132. The Seventh Circuit affirmed denial of a preliminary injunction to prevent assessment and transfer of those residents, reasoning that the urgency required for emergency relief had not been shown. View "Ill. League of Advocates for Developmentally Disabled v. Ill. Dep't of Human Servs." on Justia Law