Barnett v. Barnhart, No. 03-4076, __ F.3d __ (7th Cir. Aug. 25, 2004)

The Seventh Circuit, in an opinion by Circuit Judge Ilana Diamond Rovner, reverses the District Court's judgment affirming a denial of disability benefits and remands for further proceedings. The claimant suffered from non-convulsive epileptic seizures.

The Court found that the ALJ improperly discredited the claimant's testimony, her husband's testimony and the opinion of her treating physician. The Court criticized the ALJ's handling of listing 11.03 in that he failed to carefully consider medical records predating her alleged onset of disability. And the Court, citing SSR 96-2p and 96-5p, also determined that the ALJ should have recontacted the treating physician "to flesh out an opinion for which the medical support is not readily discernable."

A good opinion, despite some loose language about the listings establishing "presumptive disability" and a dubious suggestion that seizures occurring with less than listing frequency might nevertheless equal the listing.