Hardesty v. Astrue

Appellant's brief

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This is our Brief of Appellant before the Court of Appeals, 7th Circuit in a case where a Vietnam vet, wounded by friendly fire in 1968, was denied benefits even though the DOD and VA declared him totally and permanently disabled in 1970.

Issues:

1. The ALJ failed to give any wight to the VA disability rating

2. The ALJ's credibility assessment was improper

3. RFC

4. The ALJ misapplied the grid where claimant suffered from both exertional and nonexertional limitations

5. The ALJ failed to consider evidence from the Vocational Expert as to whether jobs exist in the national economy for claimant

6. Claimant was prejudiced because 1 ALJ heard the matter, but another ALJ decided the case without any apparent authority to do so under SSA regulations.

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Reference Info:Appellate Brief | Federal, 7th Circuit, Indiana | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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