An administrative law judge may not reject uncontradicted expert medical testimony regarding the onset of a mental disability in favor of lay speculation or inferences from non-medical facts.
A claimant who won the lottery and quit her job later sought disability benefits, claiming severe depression began at that time. The administrative law judge denied benefits, relying on the absence of medical records, the claimant's continued employment, and her adoption of a child, while rejecting the testimony of a psychiatrist appointed by the judge who opined the disability had begun earlier. The court held that the judge erred in disregarding the uncontradicted expert medical evidence in favor of lay inferences. Because the determination of the onset date of a mental illness is a medical question, the judge must rely on expert testimony rather than speculation. The court reversed the denial and remanded the case for further proceedings consistent with the record.
At page 337 Evaluating medical evidence and expert testimony in disability claims125 citing casesThe medical records were of purely physical ailments for which Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary tract to diagnose depression.
- Barnes v. Comm'r of Soc. Sec., No. 3:24-cv-00287 (S.D. Ill. Sept. 26, 2025).(The fact that, according to her daughters, Wilder got worse in 1988 and 1989 does not indicate how bad she was in 1986.)
- Brown v. O'Malley, No. 1:23-cv-05634 (N.D. Ill. June 4, 2024).(The medical records were of purely physical ailments for which [plaintiff] had sought help, and there is no reason to expect a doctor asked about an eye problem, or a back pain, or an infection of the urinary tract to…)
- Schuler v. Comm'r of Soc. Sec., No. 3:21-cv-00065 (N.D. Ind. Aug. 26, 2022).([T]here is no reason to expect a doctor asked about an eye problem, or a back pain, or an infection of the urinary tract to diagnose depression. He is not looking for it, and may not even be competent to diagnose it.)
- Baldwin v. O'Malley, No. 1:20-cv-07440 (N.D. Ill. June 1, 2022).(… there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary tract to diagnose depression…he is not looking for it, and may not even be competent to diagnose it)
- Messal v. Comm'r of Soc. Sec., No. 1:20-cv-00449 (N.D. Ind. Jan. 28, 2022).(The medical records were of purely physical ailments for which 11 Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or a back pain, or an infection of the urinary tract to di…)
- Reed v. Comm'r of Soc. Sec., No. 3:20-cv-00892 (N.D. Ind. Nov. 29, 2021).(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it)
- Wells v. Saul, No. 1:19-cv-01758 (N.D. Ill. Jan. 20, 2021).([T]here is no reason to expect a doctor asked about an eye problem, or a back pain, or an infection of the urinary tract to diagnose depression[.])
- Jones v. Saul, No. 1:19-cv-00201 (N.D. Ill. Oct. 27, 2020).(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.)
- Janowski, Jr v. Comm'r of Soc. Sec., No. 2:20-cv-00050 (N.D. Ind. Sept. 11, 2020).(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it)
- Lawson v. Saul, No. 1:18-cv-04180 (N.D. Ill. June 1, 2020).([D]octors who are not psychiatrists are slow to diagnose a mental illness, such as depression, that is not manifested in wild behavior.)
Show 110 more citing cases
- Jones v. Comm'r of Soc. Sec., No. 1:18-cv-00421 (N.D. Ind. Mar. 30, 2020).(Of course the administrative law judge is not required or indeed permitted to accept medical evidence if it is refuted by other evidence—which need not itself be medical in nature . . . .)
- Coffee v. Soc. Sec. Admin., Comm'r, No. 4:18-cv-00028 (N.D. Ala. Mar. 4, 2020).(We are led to consider with a degree of suspicion the administrative law judge’s decision to go against the only medical evidence in the case, that of a psychiatrist not retained by the applicant but appointed by the a…)
- Hodges v. Saul, No. 2:18-cv-01129 (E.D. Wis. Jan. 21, 2020).(We are led to consider with a degree of suspicion the administrative law judge’s decision to go against the only medical evidence in the case, that of a psychiatrist not retained by the applicant but appointed by the a…)
- Wells v. Berryhill, No. 1:17-cv-04850 (N.D. Ill. Apr. 5, 2019). (The fact that . . . Wilder got worse in 1988 and 1989 does not indicate how bad she was in 1986.)
- Cardenas v. Berryhill, No. 1:17-cv-08242, 2018 WL 5311899 (N.D. Ill. Oct. 26, 2018).(The fact that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be lax or altruistic)
- Ghiselli v. Colvin, 837 F.3d 771 (7th Cir. 2016).published(The fact that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be law or altruistic.)
- Milliken v. Astrue, 397 F. App'x 218 (7th Cir. 2010).unpublished(The fact that, according to her daughters, Wilder got worse in 1988 and 1989 does not indicate how bad she was in 1986.)
- Wiggins v. Apfel, 29 F. Supp. 2d 486 (N.D. Ill. 1998).published (The medical records were of purely physical ailments for which Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary tract to diagnos…)
- Ramsey v. Soc. Sec., No. 1:17-cv-06343 (N.D. Ill. Apr. 8, 2019).Furthermore, “[t]here is no inherent inconsistency in being both employed and disabled.” Ghiselli v. Colvin, 837 F.3d 771, 778 (7th Cir. 2016); see Wilder v. Chater, 64 F.3d 335 , 337-38 (7th Cir. 1995) (“The fact that someone is employed…
- Brooks v. Berryhill, 321 F. Supp. 3d 958 (S.D. Iowa 2018).published(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.)
- Gruppo Formstar LLC v. FM Forrest, Inc. (In re FM Forrest, Inc.), 587 B.R. 891 (Bankr. S.D. Tex. 2018).published(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.)
- Condon v. Berryhill, 286 F. Supp. 3d 994 (S.D. Iowa 2017).published(Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.)
- Hiatt, No. 3:25-cv-00137 (N.D. Ind. Mar. 20, 2026).(noting that there “there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary tract to diagnose depression)
- Pribble v. Comm'r of Soc. Sec., No. 3:22-cv-02430 (S.D. Ill. Sept. 18, 2024).(noting that there would be no reason to expect a physician treating an eye condition, back pain, or urinary tract impairment to diagnose or look for depression)
- Pribble v. Comm'r of Soc. Sec., No. 3:22-cv-02430 (S.D. Ill. Sept. 16, 2024).(noting that there would be no reason to expect a physician treating an eye condition, back pain, or urinary tract impairment to diagnose or look for depression)
- Swanson v. O'Malley, No. 1:21-cv-03388 (N.D. Ill. Mar. 25, 2024).(doctors asked to treat physical ailments might not provide a psychological exam)
- Struckman v. O'malley, No. 4:23-cv-00035 (S.D. Ind. Jan. 16, 2024).Amanda further claims that the ALJ erred by considering that she did not seek "psychological/psychiatric treatment at all outside of her primary care," but simply noting that she did not seek specialized treatment does not constitute error…
- Shona Easley v. Soc. Sec. Admin., Comm'r, No. 21-13389 (11th Cir. June 21, 2023).unpublishedFinally, Ms. Easley urges us to adopt the Seventh Circuit standard, which would require us to view the ALJ’s decision to give a consulting physician’s opinion (like Dr. Nichols’) little weight with “a degree of suspicion.” See Wilder v. Ch…
- Schell v. Kijakazi, No. 1:21-cv-02169 (N.D. Ill. Nov. 7, 2022).(with mental illness, “health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.)
- Jackson v. Kijakazi, No. 1:21-cv-05208 (N.D. Ill. Sept. 19, 2022).The Seventh Circuit has rejected relying on medical records to contradict the opinion of a disinterested expert where the doctor who prepared the records "is not looking for [a specific condition] and may not even be competent to diagnose…
- Davidson-McCann v. Comm'r of Soc. Sec., No. 2:21-cv-00015 (N.D. Ind. Aug. 22, 2022).(explaining that “health professionals, in particular psychiatrists, not lawyers or judges, are the experts” on mental illness)
- Bell v. Soc. Sec. Admin., Comm'r, No. 4:21-cv-00181 (N.D. Ala. July 21, 2022).Plaintiff also notes that Dr. Wilson was the consulting psychologist for the Commissioner and endorses the Seventh Circuit’s adoption of a “degree of suspicion” standard set forth in Wilder v. Chater, 64 F.3d 335, 337 (7th Cir. 1995).
- Cornwell v. Kijakazi, No. 1:21-cv-00245 (S.D. Ind. July 15, 2022).This is so because "[t]here is no inherent inconsistency in being both employed and disabled." Ghiselli v. Colvin, 837 F.3d 771, 778 (7th Cir. 2016) (citing Wilder v. Chater, 64 F.3d 335, 337-38 (7th Cir. 1995)).
- Gonzalez v. Kijakazi, No. 1:20-cv-05880 (N.D. Ill. June 27, 2022).(depression “is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges are the experts on it.)
- Brown v. Kijakazi, No. 1:20-cv-01035, 2022 WL 2222683 (M.D.N.C. June 21, 2022).Plaintiff additionally faults the ALJ for observing that Plaintiff’s “doctors [treating other conditions] did not note that she was intellectually impaired.” (Docket Entry 14 at 4 (citing Tr. 17-18).) The ALJ here did state, as one part of…
- Parker v. Kijakazi (CONSENT), No. 2:20-cv-00315 (M.D. Ala. Mar. 29, 2022).Contrary to Plaintiff’s assertion and the cases he cites, the ALJ did not act as physician and judge by substituting “his own hunch or intuition for the diagnosis of a medical professional,” Marbury v. Sullivan, 957 F.2d 837 , 840-41 (11th…
- Beckwith v. Soc. Sec. Admin., Comm'r, No. 5:20-cv-01696 (N.D. Ala. Mar. 23, 2022).As an initial matter, the Carrill decision was based upon the Seventh Circuit’s decision in Wilder v. Chater, 64 F.3d 335, 337 (7th Cir. 1995), which the Eleventh Circuit has repeatedly declined to follow.
- Cole v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-01695 (N.D. Ala. Mar. 21, 2022). Other than these, Cole does not appear to rely on any standard that directly conflicts with the new regulations except potentially Wilder v. Chater, 64 F.3d. 335, 337-338 (7th Cir. 1995), which is inapplicable for reasons discussed below.…
- Nolen v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-01198 (N.D. Ala. Jan. 18, 2022). In short, the ALJ gave valid reasons for rejecting Dr. Nichols’ opinion that weren’t based on speculation or allegations that Dr. Nichols submitted false reports. 3. ‘Degree of suspicion’ standard should apply: Citing Wilder v. Chater, 64…
- Brandt v. Kijakazi, No. 2:20-cv-01471 (E.D. Wis. Jan. 7, 2022).(The fact that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be lax or altruistic.”.)
- McMullins v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00633 (N.D. Ala. Jan. 6, 2022). As detailed above, the ALJ gave several specific reasons for why he assigned Dr. Bentley’s opinion “great weight in part and little weight in part.” So McMullins’ argument that the ALJ failed to adequately explain the decision to partially…
- Leslie v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00512 (N.D. Ala. Jan. 3, 2022). See id. 4 . ‘Degree of suspicion’ standard should apply: Citing Wilder v. Chater, 64 F.3d 335, 337 (7th Cir. 1995), Leslie next asks the court to apply ‘a degree of suspicion’ to the ALJ’s decision to assign little weight to Dr. Nichols’s…
- Allen v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00942 (N.D. Ala. Dec. 30, 2021). So Allen’s argument that the ALJ failed to adequately explain the decision to discount Dr. Nichols’ opinion lacks merit. 3. ‘Degree of suspicion’ standard should apply: Citing Wilder v. Chater, 64 F.3d 335, 337 (7th Cir. 1995), Allen next…
- Easley v. Soc. Sec. Admin., Comm'r, No. 4:19-cv-01981 (N.D. Ala. Sept. 30, 2021).It does appear Easley argues the ALJ’s rejection of Dr. Nichols’s opinion was improper under the reasoning of Wilder v. Chater, 64 F.3d 335, 337-38 (7th Cir. 1995), because she was the only professional who actually examined Easley regardi…
- Aponte v. Comm'r of Soc. Sec., No. 3:19-cv-01563 (D.P.R. Aug. 31, 2021).It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it.” Id. (citing Wilder v. Chater, 64 F.3d 335, 337 (7th Cir. 1995)) see also Salmond v. Berryhill, 892 F.3d 812, 818…
- Elbert v. Barnhart, 335 F. Supp. 2d 892 (E.D. Wis. 2004).published
- Anthony Pietrunti v. Dir., Off. Of Workers' Comp. Programs, 119 F.3d 1035 (2d Cir. 1997).published
- Mark C. Hawkins v. First Union Corp. Long-Term Disability Plan, 326 F.3d 914 (1st Cir. 2003).published
- Lorenzo Lopez, on Behalf of Roberta Lopez, Deceased v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 336 F.3d 535 (7th Cir. 2003).published
- Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 425 F.3d 345 (7th Cir. 2005).published
- Robert Filus v. Michael Astrue, 694 F.3d 863 (7th Cir. 2012).published
- Simila v. Astrue, 573 F.3d 503 (7th Cir. 2009).published
- Dikcis v. Nalco Chem. Co., 974 F. Supp. 669 (N.D. Ill. 1997).published
- Murphy Ex Rel. Murphy v. Astrue, 496 F.3d 630 (7th Cir. 2007).published
- Jones v. Apfel, 997 F. Supp. 1085 (N.D. Ind. 1997).published
- Haines v. Apfel, 986 F. Supp. 1212 (S.D. Iowa 1997).published
- Robinson v. Barnhart, 233 F. Supp. 2d 1030 (N.D. Ill. 2002).published
- Worzalla v. Barnhart, 311 F. Supp. 2d 782 (E.D. Wis. 2004).published
- Rogers v. Barnhart, 446 F. Supp. 2d 828 (N.D. Ill. 2006).published
- Lopez-Navarro v. Barnhart, 207 F. Supp. 2d 870 (E.D. Wis. 2002).published
- Winning v. Comm'r of Soc. Sec., 661 F. Supp. 2d 807 (N.D. Ohio 2009).published
- Davis v. Barnhart, 377 F. Supp. 2d 1160 (N.D. Ala. 2005).published
- Scott v. Callahan, 977 F. Supp. 856 (N.D. Ill. 1997).published
- Conley v. Astrue, 692 F. Supp. 2d 1004 (C.D. Ill. 2010).published
- Schnider v. Astrue, 600 F. Supp. 2d 1034 (S.D. Iowa 2009).published
- Barber v. Barnhart, 459 F. Supp. 2d 1168 (N.D. Ala. 2006).published
- Allen v. Astrue, 534 F. Supp. 2d 923 (S.D. Iowa 2008).published
- Black v. Barnhart, 237 F. Supp. 2d 1099 (S.D. Iowa 2002).published
- Smith v. Astrue, 641 F. Supp. 2d 1229 (N.D. Ala. 2009).published
- Stiles v. Barnhart, 258 F. Supp. 2d 996 (S.D. Iowa 2003).published
- Carril v. Barnhart, 201 F. Supp. 2d 1190 (N.D. Ala. 2002).published
- Goodson v. Barnhart, 217 F. Supp. 2d 892 (N.D. Ill. 2002).published
- Hampton v. Massanari, 171 F. Supp. 2d 791 (N.D. Ill. 2001).published
- Wild v. Astrue, 581 F. Supp. 2d 1155 (N.D. Ala. 2008).published
- Haag v. Barnhart, 333 F. Supp. 2d 1210 (N.D. Ala. 2004).published
- Clester v. Apfel, 70 F. Supp. 2d 985 (S.D. Iowa 1999).published
- Thompson v. Barnhart, 203 F. Supp. 2d 1039 (S.D. Iowa 2002).published
- Harris v. Astrue, 646 F. Supp. 2d 979 (N.D. Ill. 2009).published
- Hartman v. Astrue, 592 F. Supp. 2d 1100 (S.D. Iowa 2009).published
- McPherson v. Barnhart, 356 F. Supp. 2d 953 (S.D. Iowa 2005).published
- Hawkins, Mark C. v. First Union Corp, No. 02-3100 (7th Cir. Apr. 22, 2003).published
- James Arnold v. Soc. Sec. Admin., Comm'r, No. 17-12191 (11th Cir. Feb. 13, 2018).unpublished
- Teresa Jean Hand v. Soc. Sec. Admin., Comm'r, No. 18-14147 (11th Cir. Sept. 17, 2019).unpublished
- Tommie Jones v. Soc. Sec. Admin., Comm'r, No. 20-13452 (11th Cir. May 26, 2021).unpublished
- Pietrunti v. Dir., Off. of Workers' Comp. Programs, 119 F.3d 1035 (2d Cir. 1997).published
- Spaulding v. Halter, 11 F. App'x 596 (7th Cir. 2001).unpublished
- Burns v. Colvin, 156 F. Supp. 3d 579 (M.D. Pa. 2016).published
- Wakefield v. Colvin, 185 F. Supp. 3d 1107 (S.D. Iowa 2016).published
- Fuchs v. Astrue, 873 F. Supp. 2d 959 (N.D. Ill. 2012).published
- Brewer-Kite v. Colvin, 959 F. Supp. 2d 1176 (S.D. Iowa 2013).published
- Shepherd v. Callahan, 969 F. Supp. 526 (S.D. Iowa 1997).published
- Hill v. Callahan, 981 F. Supp. 1178 (S.D. Iowa 1997).published
- Brown v. Apfel, 990 F. Supp. 714 (S.D. Iowa 1998).published
- Charles Wayne Cole v. Comm'r, Soc. Sec. Admin., No. 22-10966 (11th Cir. Jan. 3, 2023).unpublished
- Studdard v. Soc. Sec. Admin., Comm'r, No. 4:19-cv-00619 (N.D. Ala. July 24, 2020).
- Jones v. Soc. Sec. Admin., Comm'r, No. 4:19-cv-01790 (N.D. Ala. Sept. 11, 2020).
- Reaves v. Soc. Sec. Admin., Comm'r, No. 4:19-cv-01822 (N.D. Ala. Sept. 28, 2020).
- Russell v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00101 (N.D. Ala. Nov. 30, 2020).
- Baird v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00072 (N.D. Ala. Jan. 19, 2021).
- Johnson v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00560 (N.D. Ala. Aug. 31, 2021).
- Obryk v. Colvin, No. 1:15-cv-09895 (N.D. Ill. Dec. 20, 2017).
- Taylor v. Saul, No. 1:17-cv-08671 (N.D. Ill. Jan. 9, 2020).
- Kimbrough v. Saul, No. 1:19-cv-01682 (N.D. Ill. Aug. 17, 2020).
- Kim v. Saul, No. 1:20-cv-02696 (N.D. Ill. Dec. 14, 2020).
- Keane v. Saul, No. 1:20-cv-02944 (N.D. Ill. Apr. 20, 2021).
- Kelly v. Saul, No. 1:20-cv-03091 (N.D. Ill. May 19, 2021).
- Houpy v. Saul, No. 1:20-cv-04600 (N.D. Ill. July 14, 2021).
- Tincher v. O'Malley, No. 1:21-cv-00327 (N.D. Ill. Aug. 10, 2022).
- Roy v. O'Malley, No. 1:22-cv-04311 (N.D. Ill. Sept. 28, 2023).
- Harrison v. Comm'r of Soc. Sec., No. 2:18-cv-00383 (N.D. Ind. June 7, 2019).
- Guyton, Sr v. Comm'r of Soc. Sec., No. 2:18-cv-00242 (N.D. Ind. Aug. 29, 2019).
- Torres v. Comm'r of Soc. Sec., No. 2:20-cv-00332 (N.D. Ind. Sept. 8, 2021).
- Prilaman v. Comm'r of Soc. Sec., No. 1:21-cv-00046 (N.D. Ind. Apr. 7, 2022).
- Harty v. Kijakazi, No. 4:21-cv-00163 (S.D. Ind. Jan. 17, 2023).
- Blanchard v. Soc. Sec., No. 1:19-cv-03739 (E.D.N.Y. Feb. 4, 2021).
- Rosa-Figueroa v. Comm'r of Soc. Sec., No. 3:18-cv-01709 (D.P.R. Oct. 30, 2019).
- Nieves v. Comm'r of Soc. Sec., No. 3:19-cv-01346 (D.P.R. Mar. 31, 2021).
- Mccreary v. Dudek, No. 4:24-cv-00111 (S.D. Ind. July 24, 2025).
- Spillers v. Colvin, 24 F. Supp. 3d 818 (S.D. Iowa 2014).published
- Mukes v. Kijakazi, No. 1:20-cv-00765 (S.D. Ind. June 28, 2021).
At page 338 Evaluating evidence regarding mental health impairment and disability21 citing cases“the fact that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be lax or altruistic.”
- Wiggins v. Apfel, 29 F. Supp. 2d 486 (N.D. Ill. 1998).published Compare to Wilder, 64 F.3d at 337 (“The medical records were of purely physical ailments for which Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary t…
- Ramsey v. Soc. Sec., No. 1:17-cv-06343 (N.D. Ill. Apr. 8, 2019).(The fact that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be lax or altruistic.)
- Shaw v. Saul, No. 1:20-cv-02294 (N.D. Ill. Mar. 3, 2023).(a claimant is entitled to a decision based on the record rather than on a hunch)
- Rutledge v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-00708 (N.D. Ala. Sept. 8, 2021).(determining that, where the consulting physician’s opinion was the only medical evidence regarding the applicant’s mental health impairments, the ALJ’s rejection of that opinion was based on ‘rank conjecture’)
- Sandra Blakes, on Behalf of Lamanuel Wolfe, Jr., a Minor v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 331 F.3d 565 (7th Cir. 2003).published
- Bailey v. Barnhart, 473 F. Supp. 2d 822 (N.D. Ill. 2006).published
- Townsend v. Apfel, 47 F. Supp. 2d 958 (N.D. Ill. 1999).published
- Shariese Jackson v. Soc. Sec. Admin., Comm'r, No. 18-14888 (11th Cir. July 29, 2019).unpublished
- Kadelak v. Astrue, 802 F. Supp. 2d 934 (N.D. Ill. 2011).published
- Tenhove v. Colvin, 927 F. Supp. 2d 557 (E.D. Wis. 2013).published
Show 11 more citing cases
- Wilder v. Chater, 166 F.R.D. 23 (N.D. Ill. 1996).published
- Luebke v. Berryhill, No. 3:17-cv-50235 (N.D. Ill. Jan. 29, 2019).
- Touch v. Berryhill, No. 1:18-cv-02579 (N.D. Ill. Jan. 31, 2019).
- Harrell v. Berryhill, No. 1:18-cv-03637 (N.D. Ill. Apr. 2, 2019).
- Noel v. Saul, No. 1:19-cv-04110 (N.D. Ill. Apr. 26, 2021).
- B.Y.R.D. v. Comm'r of Soc. Sec., No. 2:19-cv-00038 (N.D. Ind. Nov. 18, 2019).
- Sawaska v. Comm'r of Soc. Sec., No. 2:19-cv-00176 (N.D. Ind. May 15, 2020).
- Tompulis v. Comm'r of Soc. Sec., No. 2:19-cv-00345 (N.D. Ind. July 10, 2020).
- Lach v. Comm'r of Soc. Sec., No. 2:20-cv-00238 (N.D. Ind. May 6, 2021).
- Stewart, III v. Comm'r of Soc. Sec., No. 3:20-cv-00537 (N.D. Ind. June 25, 2021).
- Drinka, Donald v. Saul, Andrew, No. 3:19-cv-00019 (W.D. Wis. Feb. 12, 2020).
At page 336 Refusal of treatment undermining disability benefits claim9 citing casesa disabled person cannot obtain social security disability benefits if he or she refuses to follow a prescribed course of treatment that would eliminate the disability.
- Timm v. Kijakazi, No. 1:21-cv-00131, 2022 U.S. Dist. LEXIS 50594 (E.D. Wis. Mar. 21, 2022).(a disabled person cannot obtain social security disability benefits if he or she refuses to follow a prescribed course of treatment that would eliminate the disability.)
- Wiggins v. Apfel, 29 F. Supp. 2d 486 (N.D. Ill. 1998).published Compare to Wilder, 64 F.3d at 337 (“The medical records were of purely physical ailments for which Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or back pain, or an infection of the urinary t…
- Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011).published
- Linda P. Barrett v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 355 F.3d 1065 (7th Cir. 2004).published
- Elbert v. Barnhart, 335 F. Supp. 2d 892 (E.D. Wis. 2004).published
- Samuel v. Barnhart, 316 F. Supp. 2d 768 (E.D. Wis. 2004).published
- Stone v. Soc. Sec. Admin., Comm'r, No. 4:18-cv-01207 (N.D. Ala. Sept. 18, 2019).
- Barr v. Comm'r of Soc. Sec., No. 1:18-cv-00104 (N.D. Ind. Sept. 11, 2019).
At page 377 Physician inquiries not constituting diagnostic intent for depression3 citing casesnoting that a physician asking about “an eye problem, or back pain, or an infection of the urinary tract” is not looking to diagnose depression
- Kimbrough v. Saul, No. 1:19-cv-01682 (N.D. Ill. Aug. 17, 2020).
- Torres v. Comm'r of Soc. Sec., No. 2:20-cv-00332 (N.D. Ind. Sept. 8, 2021).
- Butcher v. Saul, No. 1:19-cv-02000 (N.D. Ill. Feb. 6, 2020).
At page 335 ALJ improperly disregarded the only medical opinion in the record concerning the claimant’s depression diagnosis1 citing case
- Offord v. Kijakazi, No. 1:22-cv-00798 (N.D. Ill. Mar. 29, 2023).(ALJ improperly disregarded the only medical opinion in the record concerning the claimant’s depression diagnosis)
Other citing cases
- Ellis v. Soc. Sec. Admin., Comm'r, No. 4:20-cv-01420 (N.D. Ala. July 11, 2022).
v.
Shirley S. Chater, Commissioner of Social Security
This is an appeal from a denial of social security disability benefits. The facts are unusual. In August 1986, Rosie Wilder, who was then 47 years old, was employed as an armed, uniformed security guard in a retirement home. That month, she won $2 million in the Illinois lottery, payable at the rate of $81,000 a year (the rest being withheld, we assume, for income tax). Later that month she quit her job, and she has not worked since. In the same month, she adopted a grandson whose mother (one of Wilder’s daughters) was a drug addict. Wilder sought disability benefits in 1990, claiming that she had been permanently disabled from engaging in gainful employment since 1986. The date of onset is critical. To be eligible for social security disability benefits without having to satisfy a means test, which Wilder could not do because of her lottery winnings, the applicant must have been employed for 20 of the 40 quarters preceding the onset of the disability, and Wilder did not satisfy this condition after December 31, 1986.
On the basis of testimony by her, by one of her daughters, and by a psychiatrist appointed by the administrative law judge to evaluate Wilder’s condition, the administrative law judge concluded that she was at the time of the hearing “severely disabled ... because of major depression.” The psychiatrist testified that Wilder had become disabled by the end of 1986, but the administrative law judge thought not. He pointed out that Wilder’s medical records did not mention depression or other mental illness, that the records referred to her having “retired” from her job as a security guard, that she probably would not have been permitted to adopt a child had she been suffering from major depression, and that her daughters believed that her condition had gotten worse in 1988 and 1989, implying that it was less severe in 1986. The administrative law judge thought that Wilder had probably quit her job because she had won the lottery rather than because she was disabled, though the psychiatrist had testified that the winning of the lottery, combined with adoption of the grandson, might have precipitated the major depression that he thought had begun by the end of 1986. In upholding the denial of benefits the district judge thought it significant that Wilder had been permitted to carry a gun by her employer.
The parties seem to be agreed that at the time of the hearing in 1992, and presumably today, Wilder suffers from depression so severe as to be totally and permanently disabling, so that if her eligibility for social security disability benefits depended on her current rather than on her past health, she would be eligible. It is true that depression is eminently treatable nowadays, by a variety of antidepressant drugs of which the best known is Prozac, see, e.g., Gary D. Tollefson, “Recognition and Treatment of Major Depression,” Am. Family Practice, Nov. 1990 Supp., p. 59, and that a disabled person cannot obtain social security disability benefits if he or she refuses to follow a prescribed course of treatment that would eliminate the disability. Ehrhart v. Secretary of Health & Human Services, 969 F.2d 534, 538 (7th Cir.1992). But so far as the record discloses, Wilder has never been prescribed a course of treatment for her depression. Nor has the Social Security Administration ever suggested that her condition might be treatable. In these circumstances,[*337] the possibility of treatment that would enable her to work is not a defense to the claim of benefits. Cassiday v. Schweiker, 663 F.2d 745, 749 (7th Cir.1981); Thompson v. Sullivan, 987 F.2d 1482, 1489 (10th Cir.1993); Fraley v. Secretary of Health & Human Services, 733 F.2d 437, 440 (6th Cir.1984). One might have expected the Social Security Administration—actuated by motives financial as well as humanitarian—to assist Wilder, who besides psychiatric illness has only a sixth-grade education, and appears to be incompetent to look after her own affairs, to obtain the assistance she needs to become once again a productive member of society. But no; no one connected with this ease, except the psychiatrist who testified, appears to know even the most elementary facts about depression, let alone care what happens to Wilder—for besides being disabling, untreated depression is a frequent cause of suicide. Tollefson, supra, at 62; Leslie Ci-trome, “Management of Depression,” 95 Postgraduate Medicine 137 (1994).
We are led to consider with a degree of suspicion the administrative law judge’s decision to go against the only medical evidence in the case, that of a psychiatrist not retained by the applicant but appointed by the administrative law judge himself to advise on Wilder’s condition. Of course the administrative law judge is not required or indeed permitted to accept medical evidence if it is refuted by other evidence—which need not itself be medical in nature—and of course our review is deferential, and of course it is far from certain that Wilder was disabled in 1986. But the administrative law judge’s analysis is so deficient that we must remand the ease. The psychiatrist’s testimony, though conclusional (but then no one pressed him to elaborate the grounds for his conclusions), was the only direct testimony concerning the critical issue of the date of onset of Wilder’s disabling depression. Severe depression is not the blues. It is a mental illness; and health professionals, in particular psychiatrists, not lawyers or judges, are the experts on it. The question what stage a physical or mental illness had probably reached some years before it was first diagnosed is a medical question, and the uncon-tradieted evidence of the only disinterested expert to opine upon it is entitled to considerable weight. Scivally v. Sullivan, 966 F.2d 1070, 1076 (7th Cir.1992); Pugh v. Bowen, 870 F.2d 1271, 1274 (7th Cir.1989); Lichter v. Bowen, 814 F.2d 430, 434 (7th Cir.1987); Rivera v. Sullivan, 923 F.2d 964, 969 (2d Cir.1991). We do not say conclusive weight; but the facts on which the administrative law judge relied to contradict that evidence are singly and together unimpressive. The medical records were of purely physical ailments for which Wilder had sought help, and there is no reason to expect a doctor asked about an eye problem, or a back pain, or an infection of the urinary tract to diagnose depression. Cf. Spellman v. Shalala, 1 F.3d 357, 363 (5th Cir.1993); Rivera v. Sullivan, supra, 923 F.2d at 969. He is not looking for it, and may not even be competent to diagnose it. Because depression is a serious risk factor for suicide, doctors are constantly being urged to watch out for depression in their patients. The urging is needed because doctors who are not psychiatrists are slow to diagnose a mental illness, such as depression, that is not manifested in wild behavior. See, e.g., Harold C. Schulberg et al., “Major Depression in Primary Care Practice: Clinical Characteristics and Treatment Implications,” 36 Psychosomatics 129 (1995). This may be an especially serious problem in the black community. See Diane R. Brown et al., “Major Depression in a Community Sample of African Americans,” 152 AmJ.Psych. 373, 378 (1995). Wilder is black.
The fact that, according to her daughters, Wilder got worse in 1988 and 1989 does not indicate how bad she was in 1986. That would depend on the rate at which she got worse, on which the record is silent. As for her being allowed to carry a gun, there is no evidence about how closely her employer monitored its employees. Wilder testified that she was very nervous when she was working (anxiety is frequently associated with depression, Schulberg, et al., supra, at 133), and was going to the bathroom so often that she had to ask one of the residents of the retirement home to sit with her and watch her desk when she was in the bathroom. Her daughter testified that Wilder had frequent crying spells at work. The fact[*338] that someone is employed is not proof positive that he is not disabled, for he may be desperate and exerting himself beyond his capacity, or his employer may be lax or altruistic. Jones v. Shalala, 21 F.3d 191, 192-93 (7th Cir.1994); Stark v. Weinberger, 497 F.2d 1092, 1100-01 (7th Cir.1974); Thompson v. Sullivan, 928 F.2d 276 (8th Cir.1991); Leidler v. Sullivan, 885 F.2d 291 (5th Cir.1989). And the psychiatrist testified, as we have noted, that the winning of the lottery and the adoption of the grandson might have precipitated a major depression. Contrary to uninformed lay opinion, unexpected success can have as destabilizing an effect on a mentally ill person as unexpected failure, although this is far more likely in the case of schizophrenia than in the case of depression. George W. Brown & Tirril Harris, Social Origins of Depression 66, 103-04 (1978). The traumatic impact of winning lotteries, although it has been exaggerated, H. Roy Kaplan, “Lottery Winners: The Myth and Reality,” 3 Journal of Gambling Behavior 168 (1987), has been noted in both the scientific and the journalistic literature. H. Roy Kaplan, Lottery Winners: How They Won and How Winning Changed Their Lives 45-67 (1978); Philip Brinkman, “Lottery Winners and Accident Victims: Is Happiness Relative?” 36 J.Personality & Soc. Psych. 917 (1978); Louis Gould, “Ticket to Trouble,” N.Y. Times, April 23, 1995, p. Bl; Peggy Y. Lee, “Lotto Pots Hold Joys, Trials for Big Winners,” Los Angeles Times, Jan. 25, 1993, p. Bl.
As the courts are besieged with cases in which the overworked staffs of state welfare agencies are accused of neglect, we find it difficult to take entirely seriously the suggestion that Wilder would not have been permitted to adopt her grandson if she had had severe depression. She had a good income, as a result of having won the lottery, and it is doubtful that the Department of Children and Family Services looked further. Moreover, another daughter was living with her at the time and it may have been understood that the daughter would be the one to take care of the child, with Wilder providing the money.
No doubt it is commonsensical to think that Wilder was fine back in 1986 and quit her job only because it was a low-paying, low-prestige job and she had just won $2 million. But she is entitled to a decision based on the record rather than on a hunch. The salient fact of record is the testimony of the psychiatrist, a disinterested as well as expert witness. Everything else is rank conjecture. And the weight that the administrative law judge attached to what the medical records do not show, or what Wilder’s employer failed to do (fire, or at least disarm, a depressed employee), or what the harried DCFS failed to prevent (adoption by a mentally ill woman), does not evince a great deal of common sense about Wilder’s social milieu.
We do not say that Wilder is in fact entitled to benefits, only that on the existing record the administrative law judge was unreasonable in denying benefits on the grounds he did. Scivally v. Sullivan, supra, 966 F.2d at 1078. The case must be returned to the agency for further proceedings, which can of course include the taking of additional evidence to get to the bottom of this difficult and unusual case.
REVERSED AND REMANDED.