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SCHROETER v. SULLIVAN

No. 91-2925.

977 F.2d 391 (1992)

Ruth SCHROETER, Plaintiff-Appellant, v. Louis SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 14, 1992.

Attorney(s) appearing for the Case

Dorie Budlow, argued, Chicago, Ill., for plaintiff-appellant.

Thomas P. Walsh, Asst. U.S. Atty., Criminal Div., Chicago, Ill., John L. Martin, argued, Dept. of Health and Human Services, Region V. Office of the General Counsel, Chicago, Ill., for defendant-appellee.

Before CUDAHY and COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

CUDAHY, Circuit Judge.

At age sixty-one, Ruth Schroeter had survived two back surgeries, two cataract operations, three foot operations and five hernia repairs. But Schroeter's application for Supplemental Security Income was denied because an administrative law judge (ALJ) found that Schroeter was capable of returning to her former job as a waitress. A magistrate found that the ALJ's decision was not supported by substantial evidence. The district court declined...

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