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Insurance
Disability Policy
Disability Insurance Benefits

Melody May Schleve v. Carolyn W. Colvin, Acting Commissioner of Social Security

Published: Jul. 12, 2014 | Result Date: Jun. 10, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1:13-cv-00563-SKO Bench Decision –  Plaintiff

Court

USDC Eastern


Attorneys

Plaintiff

Vijay Jagdish Patel


Defendant

Annabelle J. Yang
(Social Security Administration)


Facts

Melody Schleve filed a complaint against Carolyn Colvin, Acting Commissioner of Social Security, challenging the Commissioner's denial of disability insurance benefits.

Contentions

PLAINTIFF'S CONTENTIONS:
Schleve claimed that she suffered from bipolar disorder and polysubstance abuse from approximately June to August 2010. She claimed that in November 2010, she presented to the emergency room complaining of back pain due to muscle strain, and received prescription pain medication. Schleve claimed that she again presented to the emergency room the next month with complaints of chronic left neck and arm pain. The doctor then assessed her with degenerative cervical disc disease and cervical radiculopathy. Again, she received prescription pain medicines. Schleve claimed that, in addition to her back problems, she also suffered from mental issues. As a result, she applied for disability insurance benefits, which the Commissioner denied. Schleve claimed she was entitled to such benefits because she was disabled.

DEFENDANT'S CONTENTIONS:
The Commissioner contended that Schleve's alleged impairments were not so severe that it foreclosed all employment, and that Schleve did not qualify for disability benefits.

Result

The court concluded that the decision to deny Schleve benefits was not supported by substantial evidence. As such, it vacated the denial and remanded the matter for further proceedings.


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