Murphy v. Colvin, No. 13-3154 (7th Cir. 2014)Annotate this Case
Murphy had a stroke in April 2007. Before leaving the hospital, Murphy was examined by Dr. Mayer, who noted a past history of headaches and diminished fluency in speech. Murphy started seeing a physical therapist but did not complete the program. A year later, Dr. Mayer noted that Murphy still had difficulty speaking and “some significant loss of sensation.” In September 2008, Murphy applied for social security disability benefits. Her application was denied. At a hearing, a vocational expert testified that there were no sedentary jobs in the regional economy for a person who could neither work with the general public nor use her hands more than occasionally for fine manipulation, but that there were a significant number of jobs for a person who had the capacity to do light, unskilled work, but who could only occasionally perform fine hand manipulation. The ALJ ruled that Murphy was not disabled. The Appeals Council adopted that decision. The district court affirmed. The Seventh Circuit reversed and remanded, finding that the ALJ erroneously excluded information about Murphy’s potential inability to perform light work and by not questioning Murphy further about her failure to comply with her home exercise program and the activities she participated in while on vacation.
The court issued a subsequent related opinion or order on August 20, 2014.