It may be reassuring to learn that the United States Court of Appeals recognizes the seriousness of an IBS diagnosis. The history of the case, as explained in the decision posted on the web site Leagle.com, is a prime example of the sad fact that misunderstandings about IBS continue to abound.
According to the decision, a woman named Sandra L. Raduc, appealed the Commissioner of Social Security's denial of her application for disability benefits. The case was reviewed by the United States Court of Appeals, Eleventh Circuit. The appeals court looked at a variety of factors regarding Ms. Raduc's ability to work. As for the IBS part, the arguments of the administrative law judge who denied Ms. Raduc's application will make you want to shake your fists in frustration. The judge reportedly dismissed IBS as a limiting factor due to the fact that colonoscopies and endoscopies showed no findings. ARRGH! In effect, the judge was denying the existence of functional disorders. Luckily, the appeals court was apparently better informed and recognized that those medical tests were used as a means to rule out other possible causes for Ms. Raduc's GI symptoms.
Due to the appeals court concern that the law judge did not adequately consider the effect of Ms. Raduc's IBS on her ability to work, the decision to deny benefits was reversed. The case will return to the Social Security Commission for additional hearings.
Related Reading:
Source:
"RADUC v. COMMISSIONER OF SOCIAL SECURITY" Leagle.com Accessed May 31, 2010.
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