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SPIVA v. ASTRUE

No. 10-2083.

628 F.3d 346 (2010)

David J. SPIVA, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 2010.

Attorney(s) appearing for the Case

Barry A. Schultz (argued), Attorney, Law Offices of Barry A. Schultz, P.C., Evanston, IL, for Plaintiff-Appellant.

Joshua P. Dehnke (argued), Attorney, Social Security Administration, Office of the Regional Chief Counsel, Chicago, IL, for Defendant-Appellee.

Before POSNER, TINDER, and HAMILTON, Circuit Judges.

POSNER, Circuit Judge.

In Parker v. Astrue, 597 F.3d 920 (7th Cir.2010), we criticized the handling of social security disability claims in the following respects: (1) opinions of administrative law judges denying benefits routinely state (with some variations in wording) that although "the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms,... the claimant's statements concerning the intensity, persistence...

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