In March of 2013, the United States District Court for the Eastern District of Kentucky heard a case that involved a Kentucky Motorcycle Accident where the issue was disability insurance benefits. (See Iles v. Colvin, 2013 WL 1314078 (E.D. Ky. 2013)).
The case was originally in front of an Administrative Law Judge “ALJ”. The ALJ had to determine disability. In doing so, he conducted a five step analysis. The burden of proof is on the claimant during the first four steps and then if he meets his burden, the final step transfers to the Secretary. The Kentucky motorcycle accident lawyer put forth a lot of evidence in this case but eventually for the following reasons the court denied plaintiff’s request for disability benefits.
The Kentucky motorcycle accident occurred sometime in 2008. During 2007 plaintiff did work a little. But, the ALJ still went on to the next steps and found that plaintiff did have a severe impairments with degenerative disc disease of the lumbar spine, right trigger finger disorder, and depressive disorder. Id. The ALJ then looked to see if plaintiff could work at all, and the ALJ determined with assistance of a vocational expert there was work across the state that plaintiff could perform. Thus the ALJ determined that the plaintiff was not disabled under the Social Security Act. Id.
The court under review noted that the plaintiff is a 50 year old man with an eight grade education. Id. The ALJ hearing took place in 2010 with the decision coming out in January of 2011. It was noted that his initial back pain started in 2004 when he hurt it at work. It worsened and by 2008 he could not longer maintain a job. In 2008 he had the Kentucky motorcycle accident going to the emergency room and complaining of lower back pain, gave him some meds, and noted that his only back injuries were contusions.
Plaintiff argues that he has some decrease in range of motion in his back, trigger fingers, and pain with a straight leg raise rendering him unable to work. The defendant doctors did not agree. They found that plaintiff could work and found no limitations in sitting, reaching in front of him or over his head. Id. The court looked at all this evidence including plaintiff’s own testimony and in doing so, in discounting plaintiff’s credibility, found for the defendant. Plaintiff’s Kentucky motorcycle accident lawyer had a difficult case. The ALJ did not believe plaintiff’s claim that he is so disabled that he is practically bedridden. Id.
If you have been the subject of a Kentucky Motorcycle Accident case, please call and speak to a Kentucky Motorcycle Accident Case lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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