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Friday, July 11, 2014

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

In Kip Yurt v. Carolyn Colvin, Acting Comm Social Security (ND Ind., Cosbey), a 21-page opinion, Judge Rovner writes:

Kip Yurt suffers from a psychotic disorder which causes him to experience, among other things, auditory hallucinations and bouts of uncontrollable rage. He also struggles with obsessive compulsive disorder, moderately severe chronic obstructive pulmonary disease (“COPD”), and chronic bifrontal tension headaches. As a result, he applied for Disability Insurance Benefits from the Social Security Administration, but an Administrative Law Judge (“ALJ”) denied his application. After the Appeals Council declined to review the ALJ’s decision, Yurt sought review in the district court pursuant to 42 U.S.C. § 405(g). A magistrate judge affirmed the decision of the ALJ, and Yurt appeals, arguing principally that the ALJ erred by failing to include many of his medical limitations in the hypothetical that she posed to the vocational expert (“VE”). Yurt contends that the flawed hypothetical led the VE and the ALJ to erroneously conclude that he could be gainfully employed. For the reasons discussed below, we reverse the judgment of the district court and remand to the agency for further proceedings. * * *

For the foregoing reasons, the judgment affirming the denial of benefits is REVERSED and the case is REMANDED with instructions that it be returned to the SSA for further proceedings consistent with this opinion.

Posted by Marcia Oddi on July 11, 2014 07:29 PM
Posted to Ind. (7th Cir.) Decisions