A Recent Social Security Disability Case Out of the 8th Circuit Court of Appeals

INTELLECTUAL DISABILITY Reed v. Colvin, 779 F.3d 725 (8th Cir. 2015) At issue is whether the plaintiff meets or equals the criteria of Listing section 12.05C. IQ testing in 2007 revealed verbal IQ of 68, performance IQ of 67, and full-scale IQ of 65; the psychologist diagnosed mild mental retardation. This psychologist reevaluated the plaintiff in 2010, and offered comments suggesting that she presented higher than her scores would indicate and that her ability to recall numbers was in the normal range and thus in conflict with her 2007 IQ scores. The court here remands for development of the record on the validity of the 2007 IQ scores. “We disagree with the Commissioner’s contentions on appeal that a comment in Dr. Hobby’s 2007 report showed he suspected malingering then, that the ALJ found Reed’s daily activities inconsistent with a disabling intellectual level, and that Reed’s testimony concerning playing the piano and helping care for her sister’s children was inconsistent with her 2007 IQ scores. Reed’s complete testimony regarding her daily activities, coupled with her reports to Dr. Hobby about her limited activities, is consistent with someone whose IQ scores are those reflected in the 2007 testing.” See Lott v. Colvin, 772 F.3d 546 (8th Cir. 2014), and Bailey v. Apfel, 230 F.3d 1063 (8th Cir. 2000).

Contact Mogab & Hughes Attorneys, P.C. at 314-241-4477 if you would like to discuss a social security case.

Emails and Calls to Senate Needed regarding cuts to Social Security

This week (July 20-24), the Senate plans to take up legislation to fund our nation’s highway system. On the table are amendments to partially pay for the highways bill by cutting Social Security, including proposals to cut benefits for people who receive both SSDI and Unemployment Insurance (UI).

Please call or email your Senators!

http://www.senate.gov/senators/contact/

A letter from the CCD Social Security task Force Co-Chairs can be found here:

http://c-c-d.org/fichiers/CCD-SSTF-Co-Chairs-Letter-07-16-15.pdf

In addition you can use these talking points:

  • Don’t cut Social Security to pay for highways. Both are vital, but Social Security must not become a piggybank to pay for important but unrelated programs.
  • Any cuts would erode the financial security of millions of Americans who rely on Social Security, SSDI, or SSI.
  • Rejectany proposals to pay for highways by cuttingSocial Security, including Social Security Disability Insurance (SSDI), or Supplemental Security Income (SSI)— including proposals such as the CUFF Act, and proposals to cut SSDI for people who are trying to work, and qualify for Unemployment Insurance (UI) after losing their job through no fault of their own.
  • Cutting SSDI for beneficiaries who also receive UI because they have attempted to work – as encouraged by law – but lose their job would hurt the economic security of SSDI beneficiaries and their families, and create new work disincentives. SSDI and UI are earned benefits, paid for by workers and their employers. SSDI beneficiaries who try to work should not be treated differently from other American workers. SSDI and UI should be there for them in their time of need. It’s fair and it’s right.

The following Senators are likely to be the most influential on this issue. If you or your clients are in their states, please make an extra effort to contact them.

Environment & Public Works Committee members, especially:

James Inofe (R-OK), Chair

Barbara Boxer (D-CA), Ranking Member

Thomas R. Carper (D-DE)

Sheldon Whitehouse (D-RI)

Jeff Merkley (D-OR)

Benjamin L. Cardin (D-MD)

Kirsten Gillibrand (D-NY)

Finance Committee members, especially:

Orrin Hatch (R-UT), Chair

Charles Schumer (D-NY)

Michael Bennet (D-CO)

Mark Warner (D-VA)

Others:

Chris Coons (D-DE)

Dick Durbin (D-IL)

Dianne Feinstein (D -CA)

Tim Kaine (D-VA)

Angus King, Jr. (I- ME)

Amy Klobuchar (DFL-MN)

Joe Manchin (D-WV)

Claire McCaskill (D-MO)

Background:

Get the facts on harmful cuts to SSDI / UI benefits at:

http://www.c-c-d.org/fichiers/CCD-DI-UI-Fact-Sheet-S499-HR918-S343-02-17-15.pdf

Read a letter from members of the Consortium for Citizens with Disabilities and 75 national organizations:

http://www.c-c-d.org/fichiers/CCD-Letter-DI-UI-03-17-15FINAL.pdf

CUFF Act: http://www.justiceinaging.org/the-cuff-act/

If you would like to discuss a social security disability case, call Mogab & Hughes Attorneys at 314-241-4477.

Have You Suffered an Injury as a Result of Xarelto, Transvaginal Mesh, Testosterone, or Asbestos (Mesothelioma)?

Mogab & Hughes Attorneys, P.C. has now partnered with the national law firm of Simmons Hanly Conroy based in the St. Louis area, who like us, are dedicated to holding companies that put profits before people’s safety accountable for their actions. Please contact us if you or your loved ones have suffered injury as a result of:

Xarelto – Used to prevent blood clots and manufactured by Bayer, Xarelto has been linked to serious uncontrollable bleeding incidents in the brain and gastrointestinal track.

Transvaginal Mesh – Mesh has been used in surgery to treat women suffering from Pelvic Organ Prolapse and Stress Urinary Incontinence. This surgery can result in serious complications.

Testosterone – Multiple studies have found that men who take prescription testosterone therapy to treat low testosterone have a higher risk of suffering stroke, heart attack or even death.

Mesothelioma & Asbestos-Related Cancer – Companies who used asbestos knew about its deadly consequences but poisoned a generation of workers and families anyway.  If you have been diagnosed with asbestos-related cancer, we can help you hold those companies responsible.

Since 1963, our law firm has been aggressively advocating on behalf of those injured by the wrongdoing of others in injury cases including:

  • CAR & TRUCK ACCIDENTS
  • CONSTRUCTION SITE ACCIDENTS
  • UNINSURED & UNDERINSURED DRIVERS ACCIDENTS
  • DANGEROUS DRUGS
  • DEFECTIVE PRODUCTS
  • WORKERS’ COMPENSATION – ON THE JOB INJURIES
  • SOCIAL SECURITY DISABILITY & VETERANS DISABILITY
  • HOSPITAL, PHYSICIAN & NURSING HOME MALPRACTICE
  • FALLS & PREMISES INJURIES

Mogab & Hughes Attorneys continues to offer over 150 combined years of experience with personal injury cases and FREE LEGAL CONSULTATIONS.  Please do not hesitate to contact our firm at (314)-241-4477.