Margaret R. Kinsella v. Richard S. Schweiker, Secretary of Health and Human Services

This is another of the many cases involving disability based upon back problems and arthritis; this in a now 57-year old female. She had previously worked as a sales clerk and department manager and when the store closed, she began collecting unemployment benefits. She contends in this application that she became disabled prior to the date of the closing of the store — but she certified to the Ohio’s Bureau of Worker’s compensation that she was available for work for a period of 13 weeks thereafter.

None of the judges on the panel had any doubt that she had some genuine problems. The question,…