Ghiselli v. Colvin

Federal 7th Circuit Court
Civil Court
Social Security
Citation
Case Number: 
No. 14-2380
Decision Date: 
September 16, 2016
Federal District: 
E.D. Wisc.
Holding: 
Vacated and remanded

Record failed to support ALJ’s denial of claimant’s application for Social Security disability benefits based on her degenerative disc disease, asthma and obesity. While ALJ did not err in declining to give treating physician’s 4-hour shift restriction conclusive weight on question of claimant’s disability since there was other medical evidence that cast doubt on validity of said restriction, ALJ erred in finding that claimant was not credible with respect to her subjective accounts of pain, where said finding was based upon her ability to perform daily life chores and/or her statement to her treating physician that she was looking for work. As such, claimant was entitled to remand for reconsideration of her claim.