_______ v. Apfel (7 Cir. 1997)

Debra J Venhaus

Case Conclusion Date: January 1, 1997

Practice Area: Social Security

Outcome: Favorable/win

Description: Name/details to follow. Case involved essentially 1-armed worker, over 50 years of age. Administrative law judge found him capable of one-armed "light" work. Medical evidence showed other impairments that clearly limited him to sedentary work at best. Claimant should have been found disabled under the medical-vocational guidelines. The 7th Circuit wondered why neither claimant nor commissioner brought up his illiteracy. However, given the medical-vocational guidelines, literacy was a red herring. Claimant is over 50 and limited to sedentary work = disabled. Even if he was under 50 and limited to sedentary, his lack of use of one arm = disabled.