Forsythe v. Colvin, No. 15-2333 (7th Cir. 2016)
Annotate this CasePlaintiff’s 1998 dislocation of a kneecap required implantation of a steel plate; a year later a shattered femur required implantation of a steel rod from hip to knee. In 2011, he fractured an ankle. A podiatrist inserted a bar with pins in the ankle and later repeated the procedure. Months later, plaintiff’s ankle pain returned and he was prescribed Vicodin and Percocet, providing limited relief. Two treating physicians reported that he could sit, stand, and walk for only 15 minutes at a time and for no more than one hour in an eight-hour work day; that he could lift a weight of 10-20 pounds only occasionally; and that he could not reach up with his right arm at all. One reported that plaintiff was “fully and completely disabled” with constant and worsening pain that caused constipation, drowsiness, and upset stomach, with a “poor” prognosis. An ALJ denied social security disability benefits, noting that the medical records varied from the reports and finding that plaintiff’s injuries were severe, but he could perform unskilled sedentary jobs. The Seventh Circuit reversed. The question was not whether plaintiff was less disabled than he was four years ago, but whether he was sufficiently recovered to hold down a 40-hour-a-week job; the ALJ did not adequately explain what jobs plaintiff might be capable of.
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