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cases

Briscoe ex rel. Taylor v. Barnhart, No. 04-2251 (7th Cir. Sept. 23, 2005)

September 23, 2005

Another significant decision out of the Seventh Circuit involving inference of an onset date when contemporaneous medical evidence isn’t available.  Circuit Judge Diane P. Wood, writing for the Court, finds that the ALJ did not properly apply SSR 83-20  when he failed to explore alternative sources of evidence to determine the onset date when [...]

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Torres v. Barnhart, No. 03-6262 __F.3d__ (2d. Cir. August 3, 2005)

August 4, 2005

The District Court dismissed plaintiff’s complaint on the ground that it was time-barred. District Judge Jed S. Rakoff, writing for the Court, says:
"The doctrine of equitable tolling applies where plaintiff’s sworn affidavit shows that he made all reasonable efforts to file his complaint but failed to do so because his lawyer had misled him [...]

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Vester v. Barnhart, No. 04-2140, __F.3d__ (8th Cir. July 27, 2005)

July 27, 2005

The Eighth Circuit, in an opinion by Circuit Judge Steven M. Colloton, affirms a denial of an SSI only claim based on depression, bipolar disorder, personality disorder and chronic alcohol abuse. The claim was originally filed in September 1992 and had been to the district court three times (remanded twice, then affirmed the third [...]

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Haynes v. Barnhart, No. 04-1211, __F.3d__ (7th Cir. July 26, 2005)

July 26, 2005

The Seventh Circuit, in an opinion by Circuit Judge Joel M. Flaum, affirms a denial of concurrent benefits at step 5. The Court rejects Haynes’s contention that because he couldn’t perform the full range of light work but could perform the full range of sedentary work, the sedentary rules corresponding to his age, education and [...]

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