“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
What’s at stake in this case?
A veteran appealed a finding that he was not disabled for purposes of Social Security disability benefits.
What happened in this case?
Christopher Bonham is a veteran with a “long history” of back and neck problems. Doctors from the Veterans Administration (VA) performed spinal fusion surgery, and the VA concluded that he was unable to use his left arm and granted him partial disability benefits. He later applied also for disability benefits from the Social Security Administration (SSA), explaining that he was suffering from “degenerative disk disease, cervical spondylosis, left ankle pain, hypertension, sinus problems, unspecified depressive disorder, and alcohol abuse.”
After an administrative hearing, SSA denied benefits to Bonham. A federal district court agreed and he appealed to the Eighth Circuit. Trump judge Ralph Erickson and George W Bush judge James Loken issued a 2-1 decision upholding the lower court ruling, finding that it was supported by substantial evidence. Obama judge Jane Kelly dissented in the June ruling in Bonham v Bisignano.
Why did Judge Kelly dissent?
After a careful review of the existing record, Judge Kelly concluded that the ALJ had failed to fulfill the “duty to develop the record.” This included turning down requests from Bonham to have his file reviewed by a medical expert and making findings concerning Bonham’s residual functional capacity without “sufficient evidence” in the record to support them. Kelly would have reversed and remanded the case for further detailed review.
Why is the ruling harmful?
The decision made possible by Trump judge Ericson obviously harms Christopher Bonham by denying him the disability benefits he has sought from the SSA. It also sets a bad precedent concerning the evaluation of disability claims, particularly in the Eighth Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. It also illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.