« Ind. Decisions - Court of Appeals issues 2 today (and 8 NFP) | Main | Ind. Law - My efforts to cancel my home delivery subscription [Updated] »

Wednesday, October 10, 2012

Ind. Decisions - 7th Circuit decides one Indiana case today, a reversal

In Charles R. Kastner v. Astrue, Comm. Social Sec. (SD Ind., Hussman, MJ), a 17-page opinion, Circuit Judge Williams writes:

Suffering from a degenerative disc disorder and pain in various parts of his body, Charles R. Kastner sought disability insurance benefits under 42 U.S.C. § 423(d). He asserts that his disorder of the spine constitutes a disability under the Social Security Act. An administrative law judge (“ALJ”) determined that, though Kastner’s impairments are severe, they do not meet listed requirements for a presumptively disabling condition and that Kastner has residual capability to perform certain jobs in the economy. After the Appeals Council denied review, Kastner sought judicial review of the denial of disability benefits, and the district court affirmed the decision of the Commissioner of Social Security. Because we conclude that the ALJ did not adequately explain why Kastner had not met the requirements for a presumptive disability, we reverse the judgment of the district court and remand for further proceedings.

Posted by Marcia Oddi on October 10, 2012 01:04 PM
Posted to Ind. (7th Cir.) Decisions