[Download] "Butera V. Apfel" by Seventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Butera V. Apfel
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 31, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In October of 1992, the unemployed plaintiff-appellant, James Butera ("Butera"), applied for disability insurance benefits and supplemental security income under the Social Security Act, 42 U.S.C. sec.sec. 416(i), 423(d), 1382, and 1382c(a), contending that he was "disabled" and unable to work as a result of severe back and leg pain. Butera's application was denied by the Wisconsin Department of Health and Family Services, Division of Disability Determination, after a finding that Butera was not "disabled" within the parameters of the Social Security Act. Butera appealed the denial to an administrative law Judge ("ALJ") at the Department of Health and Human Services Office of Hearings and Appeals who determined, on March 9, 1994, that he was not disabled. Butera appealed the ALJ's decision to the United States District Court for the Eastern District of Wisconsin which denied Butera's claim for benefits, dismissed the action, and entered an order and judgment on March 26, 1997. On appeal, Butera argues that the ALJ erred in failing to allow him to cross-examine the Commissioner's experts and in finding that he was not disabled. In response, the Commissioner points out that Butera's notice of appeal was not timely filed. We affirm.