United States Seventh Circuit

In a dispute involving disability insurance benefits, district court judgment is vacated in part and remanded where there is a dispute about whether plaintiff can work even with all of his physical and mental problems, and the court failed to weigh all the medical evidence in order to make an independent decision on the issue and also failed to cite authority for throwing out evidence submitted by plaintiff or explain why summary judgment was apt. Judgment is affirmed to the extent it holds that defendant is subrogated to a portion of the Social Security benefits, which plaintiff must pay over to defendant.

Appellate Information

• Argued 04/08/2009
• Decided 06/29/2009
• Published 06/29/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Alan C. Olson (argued), Olson & Associates, New Berlin, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Daniel J. McMahon, Jason M. Kuzniar (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, IL, for Defendant-Appellee.