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1.Copping with summer (The Hindu)
2.Wine and Whimper (The Hindu)
3.Sharpen the focus on growth (The Hindu)
4.India must reaffirm its Paris Pledge (The Hindu)
5.Digital push must be disability inclusive (The Hindu)
1. Copping with summer (The Hindu)
Synoptic line: It throws light on the issue of heat waves as a potential disaster. (GS paper II)
- Entire India and particularly the North is reeling under severe heatwaves which can transform into a serious disaster. Effective steps are urgently needed at administrative as well as ecological level.
- Stark Influences of heat strain which will sweep across much of India are even likely to grow longer.
Severe heat waves
- A Heat Wave is a period of abnormally high temperatures, more than the normal maximum temperature that occurs during the summer season in the North-Western parts of India. Heat Waves typically occur between March and June, and in some rare cases even extend till July.
- The extreme temperatures and resultant atmospheric conditions adversely affect people living in these regions as they cause physiological stress, sometimes resulting in death.
- The first heat deaths of the season have already been recorded, which is very unusual in the month of March.
Possible reasons for heat waves:
- When the temperature rises 3°C to 4°C above normal it is termed as a 'heat wave'. It can be see that the average temperatures have risen. The possible reason is that the hot winds are blowing from deserts and these are combining with the dry winds on surface. Thus, an anticyclone that was formed in Central India has now covered the entire country. Simultaneously there is no cloud formation. All these situations are causing the heat wave
Why heat wave in March
- The reason for such a phenomenon is the presence of anticyclone. Usually, anticyclones are formed in the region of Gujarat and Rajasthan in the month of April. This year, it happened earlier. It has also occupied the entire country now. Hence, the heat wave and the rise in temperature can be seen. Normally, when the temperature rises in the month of April, there is thunderstorm activity to balance it.
Is it a matter of concern?
- It may be the result of climate change. Untimely rainfall has been observed this year. Now there are severe heat waves. The cycle of weather is changing. If one analyses the average temperature data, this sort of temperature rise has never been seen. It is the percolation of climate change. These are the localised outcomes of climate change that are now visible.
- With rising greenhouse gases, their impact can only intensify.
Impacts of heat waves
Impacts of heat waves are deadly, crop failures and disruption of electricity supply due to sudden peak demand are common. People experience dehydration, heat cramps and deadly heatstroke. The elderly are particularly at risk, since higher temperatures affect blood viscosity and raise the risk of thrombosis.
- It is encouraging that the National Disaster Management Authority is guiding States, in partnership with the India Meteorological Department, to evolve heat action plan protocols.
Some Notable Success models to cope heat stress
Western models
- European and America has also framed policy responses such as creating green and blue urban spaces to provide tree shade and higher moisture, as well as housing design that cuts heat through the albedo effect of reflected solar energy.
- Such an approach should also be implemented in Indian urban plans.
Gujrat Model:
- Ahmedabad drew up a city-level action plan in the wake of its 46.8°C heatwave of 2010 with support from public health institutions.
- It focussed on preparing the health system to identify symptoms of heat stress and providing treatment through urban health centres.
- Reviewing school timetables, rescheduling work timings to cooler hours, making water widely available and reserving religious sites and libraries as cooling centres were others.
Way ahead
- Better meteorological forecasting can provide an early warning about a coming hot spell during the summer window. This gives the NDMA and the States sufficient opportunity to launch an action protocol: to inform the public as soon as the temperature crosses the threshold fixed by the IMD, advise on precautionary measures, and aid those who are most vulnerable, such as older adults, farm workers and those pursuing outdoor vocations.
- Some of these passive defences are actually integral to vernacular practices and will serve everyone well. It is essential to study the efficacy of heat action plans and share the results across States to achieve best practices.
Question: Heat waves are not just a matter of health concern but points toward a greater issue of climate change. How govt. should respond towards it?
2.Wine and Whimper (The Hindu)
Synoptic line: It throws light on the Issue of banning liquor along highways and its implications.(GS paper II)
- Supreme Court's order to ban the liquor outlets along highways is no doubt a noble step in its intent but it is fraught with huge systemic challenges.
- The question of practical implications of the decision are not properly accounted. It may lead to huge employment losses along with rendering hotel business crippled.
The judgement
- The Supreme Court banned States and Union Territories from granting licences for the sale of liquor along National and State highways across the country, noting that drunken driving was the main culprit behind a large number of road accidents in the country. It pointed out that nearly 1.5 lakh people die every year in accidents.
- However, North-eastern States of Sikkim and Meghalaya got a fill exemption from the 500-m no-liquor zone ban after the court took into consideration their hilly terrain and also the fact that 82% of its area is forest and over 90% of its liquor shops would be closed if the ban is imposed strictly in its original form.
- The court also reduced the no-liquor zone in local areas with a population of 20000 or less from 500 m to 220 m.
Flawed decision
- The court in its clarification decision also asserted that the proscription would cover not just retail outlets but hotels and bars too will be covered.
- The opinion rendered by the court now sounds even more draconian in the light of coverage as retail outlets can perhaps move another 500 m with minimal expense and no great loss of clientele. But established hotels and clubs enjoy no such luxury. All of a sudden, what was a great advantage of location is a major disadvantage.
- Moreover, the order does not exempt outlets in cities and towns, where most of the consumers are local residents, nor does it distinguish between hotel guests and passing drivers.
Implications of the order
- The State governments throughout the nation will face a huge loss in revenue. Even smaller administrative units such as Union Territories will be the worst-hit from the decision.
- Puducherry, which includes enclaves such as Mahe, will find relocation of many shops impossible. They are caught between the highway and the sea.
- Similarly, Goa, a small State that depends heavily on tourism, is in a likewise difficult situation.
Way ahead
- The act of Prohibition is successfully implemented in Bhutan and in some Middle East countries. Though the sale of alcohol is apparently uncontrolled in European countries they have strong mechanisms to ensure prevention of addiction. Drunken driving will attract severe punishment in Europe. Hence, we should rather focus on existing mechanisms such as rigorously enforcing the offence of drunken driving.
- People should be instilled with a deep notion as "You may be of any position but if found driving after consuming liquor, you will be handcuffed, arrested and remanded in custody. If found drunken you will immediately lose your job". However, such a psychological nudging is absent in Indian context.
Question: Discuss the flaws of court judgements regarding liquor ban and how it is a blow on right to choose?
3.Sharpen the focus on growth (The Hindu)
Synoptic line: It throws light on the sate of Indian economy and possible remedies for it.(GS paper II)
- India was called as enjoying sweet spot last year in World Economic forum. However, economic prospects are supposedly not anymore "sweet "as indicated by various indices released recently by the government agencies.
- Ranging from increasing the investment levels to bringing systemic changes, various policy measures will be needed to address the economic regime in India.
Declining Economic Indicators
- The Central Statistics Office's second advanced estimates indicate that the growth rate of GDP for 2016-17 will be 7.1% as against 7.9% in 2015-16.
- The growth rate of gross value added at basic prices in 2016-17 will be 6.7% as against 7.8% in 2015-16.
- However, the growth rates projected for 2016-17 do not capture the impact of demonetisation, which when taken into account may bring down the projected growth rate by around 0.5%.
Growth enablers to be considered
- Growth rate is determined by two factors:
- The investment rate and
- The efficiency in the use of capital.
- Therefore, growth rate is equal to the investment rate divided by the incremental capital-output ratio.
- The incremental capital-output ratio (ICOR) is the amount of capital required to produce one unit of output. The higher the ICOR, the less efficient we are in the use of capital.
- However, when we run an analysis on India's performance in the last five years, two facts stand out.
- One is a decline in the investment rate and the second is a rise in ICOR; both of which can only lead to a lower growth rate.
Determinants of ICOR
- ICOR is determined by a variety of factors including technology, skill of manpower, managerial competence and also macroeconomic policies.
- Thus delays in the completion of projects, lack of complementary investments in related sectors and the non-availability of critical inputs can all lead to a rise in ICOR.
- Stalled projects in India accounts a huge blow to investment regime. More than 400 major project are stalled due to various systemic loopholes and huge number of them are turning to be unviable due to changed conditions. A periodic reporting by the government on the progress of stalled projects will be of great help.
Taming the Investment
- India's growth peaked around 2007-08 at 9.4%. The major determinant in this period was high investment rate close to 38%. However, since then investment rate has been declined and so is the growth rate.
Major reasons for declining investment rate:
- Weak external environment:
- The external environment was also not encouraging. The growth rate of the advanced economies remained low and the recovery from the crisis of 2008 was lukewarm which had an adverse impact on Indian exports.
- Inflation:
- India had to cope with a high level of inflation which also had an adverse impact on investment sentiment.
- Vicious Cycle of decline:
- Once the growth rate starts to decline, it sets in motion a vicious cycle of decline in investment and lower growth. The acceleration principle begins to operate. We need to break this chain in order to move on to a higher growth path.
- Policy paralysis:
- It means inability of the government to take policy decisions because of coalition compulsions. It created a sense of uncertainty in the minds of invesors, due to which private investment was deterred
Solutions to ailing Economy (Way Forward)
- Increase Public Investment: In the best of times, public investment has been 8% of GDP. The Central government's capital expenditures even after some increase in the last two years, is only 1.8% of GDP.
- In the present context, it is imperative for public sector undertakings to come out with an explicit statement indicating the extent of investment they intend to make during the current fiscal. And this intention must be monitored every quarter. This will inspire confidence among prospective private investors.
- Enhance private investment: It is also essential to enhance private investment, and that too private corporate investment. During the high growth phase, corporate investment reached the level of 14% of GDP. Since then it has fallen. This continuing trend must be reversed.
- Process reforms: Reforms are needed to simplify procedures. Some significant steps have been taken in this regard in recent years such as moving forward on the GST Bill, passing of the Bankruptcy Act, and enlarging the scope of foreign direct investment.
- Stalled projects: All viable stalled projects must be brought to completion.
- Financial bottlenecks: It needs to be cleared. The banking system is under stress. The non-performing loans of the system have risen and are rising. This has squeezed the profitability of banks with some showing loss.
- Long-term lending: Long term lending institutions on the lines of erstwhile ICICI and IDBI are required to be revived as they can assist in dissemination of capital required for investment purposes.
Question: Discuss the prospects for Indian Economy in making India as a regional power in Asian affairs.
4. India must reaffirm its Paris Pledge (The Hindu)
Synoptic line: It throws light on the US's move on climate change and its possible implications for the world. (GS paper II)
- USA is constantly passing the executive and legislation actions impacting the fight towards climate change in the name of spurring economic growth and fixating energy security.
- It can have far reaching impacts on whatever consensus has been made against climate change and thereby bringing a virtual deadlock for climate change negotiations occurred so far.
USA's recent policy decisions
- S. President has recently signed an executive order, purportedly promoting U.S. energy independence and economic growth, but with potential collateral damage to global efforts to limit climate change.
- It had also called for the review of the U.S. Clean Power Plan, which aims at reducing greenhouse gas emissions from the American electricity sector (it was a key element in US plans to meet America's climate pledge under the Paris Agreement)
- These are the certain actions among various others which can have an implication towards climate change action.
Implications of the decision
- The action of US will undoubtedly have implications for the trajectory of America's greenhouse gas emissions. These orders set back climate mitigation efforts in the U.S.
- But the deeper significance of the order rests in the political signal it sends to the world, and the reactions it may elicit. The Paris Agreement is, at the core, a confidence game. Each country is required to submit a national 'pledge' to limit emissions growth, which is to be reviewed internationally, and updated and enhanced every five years. The intent is to generate a virtuous cycle of enhanced actions over time, as countries gain confidence in each other's commitment to climate action.
- Global confidence punctured, other countries may follow the U.S. lead and dilute their national actions too.
- This is not the first time the U.S. has pulled the rug out from under the global community. In the mid-1990s, it notably walked away from the Kyoto Protocol, which requires developed countries to take the lead
Implications for India
- On the face of it, it would be tempting to conclude that India could use the U.S. retreat to stage one of its own, go slow on its own obligations, and adopt an approach of gentle neglect towards the Paris Agreement.
- However, India's interests are best served by strengthening the Paris Agreement, using its mechanisms to hold to account the developed world, and maintaining its own pledges.
- India has a lot to gain from a virtuous cycle because it is extremely vulnerable to climate impacts. While the ability of the Paris Agreement to slow warming may be more modest than is ideal, it will certainly have more effect than no agreement at all.
- Moreover, India has little to gain from going slow on implementing its own pledge. India's approach is based on accelerating a transition to renewable energy, which would bring gains in terms of energy security and air pollution. But in doing so, India importantly retains the right to meet its energy access needs and energy for development through fossil fuel use, particularly coal, if needed.
Why Paris Agreement should not be cancelled?
- If Paris agreement failed, then there will almost certainly be a push to re-negotiate a new agreement when political conditions in the U.S. change. At that time, developed country emissions will be lower, India's emissions will likely be rising faster than any other country, and it will have considerably more pressure to take on more ambitious pledges that could, in fact, risk constraining its energy choices
Way Ahead
- India is emerging as a strike player in global climate politics. As a large emerging country, India has enormous leverage as a deciding factor in the future of the Paris Agreement. It should insist that Western countries maintain their obligations, including financial.
Question: How India should respond in Climate change forums in the light of unilateralism asserted by the USA? Discuss.
5.Digital push must be disability inclusive (The Hindu)
Synoptic line: It throws light on the issue of vulnerable conditions of disable people and the need of digitally inclusive environment for their overall development. (GS paper II)
- Around 8-10% of India's population lives with disabilities, Disability is highly ignored social issue in our Indian society, even after Independence; there has been minimal change in the fortunes of India's disabled population.
- It becomes our collective responsibility to ensure inclusive development that engages all stakeholders through a pragmatic and judicious combination of interventions with effective technology to ensure truly inclusive and sustainable development for disable population.
What are disabled?
- According to WHO, Disabilities is an umbrella term, covering impairments, activity limitations, and participation restrictions.
- Impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations.
- Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person's body and features of the society in which he or she lives.
India's action towards disability : Accessible India Campaign, the Rights of Persons with Disabilities Act, the Smart Cities Mission and the Digital India campaign to achieve the combined goal of creating an inclusive society will allow for a better quality of life for all citizens, including persons with disabilities.
Impact of ICT in lives of disabled
- Information and Communication Technologies (ICT) have the potential to significantly impact the lives of these groups, facilitating access of services available to them and allowing them to handle a wide range of activities independently, enhancing their social, cultural, political and economic participation.
Accessibility as a key to empowerment
- Poor accessibility due to lack of focussed information and political will has led to social exclusion of people with disabilities, exacerbating the negative impact of the existing digital divide.
- Accessibility forms the common thread weaving together the Accessible India Campaign, the Rights of Persons with Disabilities Act, the Smart Cities Mission and the Digital India campaign to achieve the combined goal of creating an inclusive society that will allow for a better quality of life for all citizens, including persons with disabilities.
- Beyond the social implications, accessibility makes for business and economic sense too. If principles of Universal Design are incorporated at the design stage, cost implications are negligible.
A nation-wide flagship campaign for achieving universal accessibility that will enable persons with disabilities to gain access for equal opportunity and live independently and participate fully in all aspects of life in an inclusive society. The campaign targets at enhancing the accessibility of built environment, transport system and Information & communication eco-System.
- Government launches 'Inclusiveness and Accessibility Index' as part of 'Sugamya Bharat Abhiyan' for Persons with disabilities on 3rd December (International Day of Persons with Disabilities). The 'Inclusiveness and Accessibility Index' helps the industries and corporate to participate in the Accessible India Campaign (AIC) by voluntarily evaluating their readiness for making the workplace accessible for Persons with Disabilities.
Smart Cities Mission, the flagship programme launched by Government of India in 2015, embarks upon creating a sustainable and an inclusive development through the provision of core infrastructure and a decent quality of life for 100 selected cities. It also mentions provision for development of disable friendly environment.
- The mission states the fulfillment of basic needs through following elements:
- Adequate and clean water supply,
- Assured electricity supply,
- Sanitation facilities, including solid waste management,
- Efficient urban mobility and public transport,
- Affordable housing, especially for the poor,
- Robust IT connectivity and digitalization,
- Good governance, especially e-Governance and citizen participation,
- Sustainable environment,
- Safety and security of citizens, particularly women, children and the elderly, and
- Health and education.
- However, the mission with its notion of inclusiveness fails to integrate disability as a key issue in the smart city proposal. The mention of disability under the mission statement and guidelines only lie on the part of citizen consultation which has failed to ensure the component of universal accessibility in every proposal.
- The key challenges under the Smart Cities Mission for disability sector can be highlighted as follows:
- Lack of awareness regarding e-accessibility for persons with disabilities by the stakeholders.
- Lack of data or guiding principles on persons with disabilities.
- Poor project execution leading to the failure to incorporate features for persons with disabilities.
- Smart city proposals that lack accessibility features from the beginning of the mission.
- No benchmarks for accessibility features like other services.
- The parliament has passed The Rights of Persons with Disabilities Bill 2016″. The Bill will replace the existing Persons with Disability Act (Equal Opportunity Protection of Rights and Full Participation) 1995, which was enacted 21 years back.
- The Bill is being brought to comply with the UN Convention on Rights of Persons with Disabilities, to which India became a signatory in 2007.
- The Act has categorized Persons with Disabilities into three categories:
- Person with disability- is defined as "a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others".
- Person with benchmark disability- means "a person with not less than 40% of a specified disability, where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms,
- Person with disability having high support needs
Salient features of the Act:
- Reservation in vacancies in government establishments has been increased from 3% to 4% for certain persons or class of persons with benchmark disability.
- Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
- District level committees will be constituted by the State Governments to address local concerns of PwDs.
- Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
- Broad-based Central & State Advisory Boards on Disability are to be set up to serve as apex policy-making bodies at the Central and State level.
- Office of Chief Commissioner and those of the State Commissioners of Persons with Disabilities has been strengthened.
- The Act says that any person who "intentionally insults or intimidates with intent to humiliate a person with a disability in any place within public view" is punishable with imprisonment.
Way forward
- India is emerging economy, exclusion of persons with disabilities from education, employment and participation on account of a hostile infrastructure and inaccessible technology has huge economic implications. So there is need to address the issue diligently.
- Disability is not an isolated issue. It is cross-cutting and can impact everyone irrespective of caste, gender, age and nationality. Thus ensuring a disability sensitive development across the sectors is very important.
- There have been so much technological developments and innovations to help visually impaired or autistic children and address many types of disabilities to enable them live independently and empower them to live with dignity. But India is still highly unaffordable, so need to empower our procurement policy.
- As India is moving towards cashless digital economy, it becomes imperative to ensure accessibility for inclusion. The need is for representation of persons with disabilities in all ministries and key missions, commissions and committees to advise and ensure inclusion in all policies, programmes and developments.
Question: Discuss the role of ICT and accessibility campaign in making lives of disabled more meaningful. How govt. should leverage Smart city mission for the betterment of disables.


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Plaintiff Jennifer M. Hurley seeks review of the final decision of the Commissioner of the Social Security Administration (Commissioner) denying her application for disability and disability insurance benefits. The Plaintiff argues that the Commissioner wrongfully denied her application and erred by failing to base the step five finding on substantial evidence where the vocational expert did not adequately describe his methodologies, failing to give good reasons for discounting the opinion of a treating physician, and failing to include appropriate mental limitations in the Plaintiff's residual functional capacity.
On February 28, 2014, the Plaintiff filed a Title II application for a period of disability and disability insurance benefits, alleging disability beginning on May 29, 2013. (R. at 20.) Her claims were denied initially on June 9, 2014, and upon reconsideration on August 20, 2014. (Id.) On May 4, 2016, the Plaintiff appeared with counsel and testified at a hearing before an administrative law judge (ALJ). (Id.) Scott B. Silver, a vocational expert (VE), also appeared and testified at the hearing. (Id.) On September 8, 2016, the ALJ denied the Plaintiff's application, finding she was not disabled from her alleged onset date. (R. 20-37.) On August 9, 2017, the ALJ's decision became the final decision of the Commissioner when the Appeals Council denied the Plaintiff's request for review of the ALJ's decision. (R. 1-3.)
On October 9, 2017, the Plaintiff filed this claim [ECF No. 1] in federal court against the Acting Commissioner of the Social Security Administration.
Disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). To be found disabled, a claimant must demonstrate that her physical or mental limitations prevent her from doing not only her previous work, but also any other kind of gainful employment that exists in the national economy, considering her age, education, and work experience. § 423(d)(2)(A).
An ALJ conducts a five-step inquiry in deciding whether to grant or deny benefits. 20 C.F.R. § 404.1520. The first step is to determine whether the claimant no longer engages in substantial gainful activity (SGA). Id. In the case at hand, the ALJ found that the Plaintiff has been unable to engage in SGA since her alleged disability onset date, May 29, 2013. (R. 22.)
In step two, the ALJ determines whether the claimant has a severe impairment limiting her ability to do basic work activities under § 404.1520(c). In this case, the ALJ determined that the Plaintiff had multiple severe impairments, including fibromyalgia, asthma/sinusitis, migraine headaches, obesity and sleep apnea, bilateral wrist pain due to carpal tunnel syndrome (CTS)/ ulnar nerve compression, history of generalized abdominal pain with diverticulitis/chronic gastritis, and bipolar disorder and post-traumatic stress disorder (PTSD). (Id.) The ALJ found that these impairments significantly limited the Plaintiff's ability to perform the basic mental and physical demands of work. (Id.) The ALJ also found that the Plaintiff had diabetes but that this condition was non-severe. (R. 22-23.)
Step three requires the ALJ to "consider the medical severity of [the] impairment" to determine whether the impairment "meets or equals one of the [the] listings in appendix 1 . . . ." § 404.1520(a)(4)(iii). If a claimant's impairment(s), considered singly or in combination with other impairments, rise to this level, there is a presumption of disability "without considering [the claimant's] age, education, and work experience." § 404.1520(d). But, if the impairment(s), either singly or in combination, fall short, the ALJ must proceed to step four and examine the claimant's "residual functional capacity" (RFC)—the types of things she can still do physically, despite her limitations—to determine whether she can perform "past relevant work," § 404.1520(a)(4)(iv), or whether the claimant can "make an adjustment to other work" given the claimant's "age, education, and work experience." § 404.1520(a)(4)(v).
The ALJ determined that the Plaintiff's impairments did not meet or equal any of the listings in Appendix 1. (R. 23-25.) The ALJ then found that the Plaintiff had the RFC to perform light work as defined in 20 C.F.R. § 404.1567(b) in that she could:
[L]ift carry, push and pull 20 pounds occasionally and ten pounds frequently; can sit, stand and walk for at least six hours out of an eight-hour workday[] but would need additional limitations as follows: she needs a sit/stand option (which allows for alternating between sitting and standing up to every 30 minutes, if needed, but the positional change will not render the individual off task); only occasional climbing or ramps and stairs, balancing, stooping, kneeling, crouching and crawling; never climbing ladders, ropes, or scaffolds; no forceful grasping or gripping with both hands; needs to avoid concentrated exposure to loud noise, bright/flashing lights, and pulmonary irritants (i.e., fumes, odors, dust, gases, poorly ventilated areas and chemicals). Mentally, the claimant is limited to
understanding, remembering, in carrying out tasks consistent with unskilled work (defined as an occupations that can be fully learned within a short period of time of no more than 30 days, and requires little or no judgment to perform simple tasks), with the ability to sustain those tasks throughout the eight-hour workday without frequent redirection to tasks; no fast-paced work or work requiring a regimented pace of production; and only occasional interactions with others, including supervisors, coworkers and the general public.
After analyzing the record, the ALJ concluded that the Plaintiff was not disabled as of her alleged onset date. The ALJ evaluated the objective medical evidence and the Plaintiff's subjective symptoms and found that the Plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms. (R. 29.) But, the ALJ found that the Plaintiff's statements concerning the intensity, persistence, and limiting effects of her symptoms were "not entirely consistent with the medical evidence and other evidence in the record." (Id.)
In looking to the objective medical evidence, the ALJ gave great weight to the opinions of the non-examining psychologists LML, Ph.D., and J. Gange, Ph.D., both Disability Determination Services Psychologists, and non-examining physicians Mary Lanette Rees, M.D., and M. Ruiz, M.D., both Disability Determination Services Physicians. (R. 32-34.) The ALJ reasoned that the opinions of Dr. LML and Dr. Gange were entitled to great weight because they were "well supported by explanation and by the medical evidence, and [they] reflect[] consideration of the entire medical records by . . . specialist[s] who [are] familiar with Social Security regulations. (R. 33.) As to the opinions of Dr. Rees and Dr. Ruiz, the ALJ reasoned that the opinions were "well supported by explanation and by the medical evidence." (R. 34-35.) The ALJ also stated: "The record does not contain any opinions from treating or examining physicians indicating that the claimant is disabled or even has limitations greater than those determined in this decision." (R. 35.)
The Plaintiff has past relevant work as a home housekeeper, waitress, nurse aide, home health aide, gas station cashier, production assembler, and hand packager. (Id.) The ALJ concluded that the Plaintiff was not capable of performing any past relevant work. (Id.) Relying on the VE's testimony, the ALJ found that, through the Plaintiff's last date insured, "[c]onsidering the claimant's age, education, work experience, and residual functional capacity, there were jobs that existed in significant numbers in the national economy that the claimant could have performed." (Id.) Ultimately, the ALJ found that the Plaintiff was not disabled as defined in the Social Security Act since her alleged onset date and was not entitled to disability insurance benefits. (R. 36-37.)
The decision of the ALJ is the final decision of the Commissioner when the Appeals Council denies a request for review. Liskowitz v. Astrue, 559 F.3d 736, 739 (7th Cir. 2009). The Social Security Act establishes that the Commissioner's findings as to any fact are conclusive if supported by substantial evidence. See Diaz v. Chater, 55 F.3d 300, 305 (7th Cir. 1995). Thus, the Court will affirm the Commissioner's finding of fact and denial of disability benefits if substantial evidence supports them. Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2009). Substantial evidence is defined as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)); Henderson v. Apfel, 179 F.3d 507, 512 (7th Cir. 1999).
It is the duty of the ALJ to weigh the evidence, resolve material conflicts, make independent findings of fact, and dispose of the case accordingly. Richardson, 402 U.S. at 399- 400. The reviewing court reviews the entire record; however it does not substitute its judgment for that of the Commissioner by reconsidering facts, reweighing evidence, resolving conflicts in evidence, or deciding questions of credibility. See Diaz, 55 F.3d at 308. The Court will "conduct a critical review of the evidence," considering both the evidence that supports, as well as the evidence that detracts from, the Commissioner's decision, and "the decision cannot stand if it lacks evidentiary support or an adequate discussion of the issues." Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003) (internal quotations omitted).
When an ALJ recommends the denial of benefits, the ALJ must first "provide a logical bridge between the evidence and [her] conclusions." Terry v. Astrue, 580 F.3d 471, 475 (7th Cir. 2009) (internal quotation marks and citation omitted). Though the ALJ is not required to address every piece of evidence or testimony presented, "as with any well-reasoned decision, the ALJ must rest its denial of benefits on adequate evidence contained in the record and must explain why contrary evidence does not persuade." Berger v. Astrue, 516 F.3d 539, 544 (7th Cir. 2008). However, if substantial evidence supports the ALJ's determination, the decision must be affirmed even if "reasonable minds could differ concerning whether [the claimant] is disabled." Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008).
The Plaintiff argues that the Commissioner wrongfully denied her applications and erred by failing to base the step five finding on substantial evidence where the VE did not adequately describe his methodologies, failing to give good reasons for discounting the opinion of a treating physician, and failing to include appropriate mental limitations in the Plaintiff's RFC.
Both Drs. LML and Grange opined that the Plaintiff was moderately limited in her activities of daily living, her social functioning, and in her ability to maintain concentration, persistence and pace. (R. 32-33.) They also opined that the Plaintiff could understand, remember, and carry out simple, routine instruction and that she could relate to coworkers, supervisors and others in a superficial manner. (Id.) The Plaintiff's RFC limits her only to "occasional" interactions with others. The Plaintiff argues that the ALJ should have also included a limitation that she was limited to "superficial" interactions and that failure to do so requires remand. The Court agrees.
"'Occasional contact' goes to the quantity of time spent with the individuals, whereas 'superficial contact' goes to the quality of the interactions." Wartak v. Colvin, No. 2:14-CV-401, 2016 WL 880945, at *7 (N.D. Ind. Mar. 8, 2016). These limitations are not interchangeable, nor does one imply the other. Here, the ALJ "made no attempt to explain the basis of his decision to limit [the Plaintiff] to occasional interaction rather than superficial interaction, nor is it apparent from the record." Gidley v. Colvin, No. 2:12-CV-374, 2013 WL 6909170, at *12 (N.D. Ind. Dec. 30, 2013).
The Commissioner argues that the ALJ was not required to include every limitation contained within the psychologists' opinions and that the ALJ adequately discussed the Plaintiff's ability to interact with others. "While the ALJ was not required to adopt the state agency psychologist[s'] opinion[s] in [their] entirety, he was required to build a 'logical bridge from the evidence to his conclusion.'" Mack v. Berryhill, No. 16 CV 11578, 2018 WL 3533270, at *3 (N.D. Ill. July 23, 2018) (quoting Steele v. Barnhart, 290 F.3d 936, 941 (7th Cir. 2002)). "The medical opinion[s] to which he assigned great weight included a more restrictive limitation on [the Plaintiff's] social interaction." Gidley, 2013 WL 6909170, at *12. And, "[t]he ALJ did not point to even one additional piece of evidence that contradicted [the] opinion[s], and the court cannot speculate as to the ALJ's reasons." Id.; see also Eveland v. Berryhill, No. 2:16-CV-203, 2017 WL 3600387, at *5 (N.D. Ind. Aug. 22, 2017) (finding fault where the ALJ did not explain why he limited the plaintiff to "occasional" contact when the expert opined that the plaintiff could engage in "superficial contact" on an "ongoing basis").
The limited discussion in the record of the Plaintiff's ability to interact with others does not suffice to build an accurate and logical bridge from the evidence to the ALJ's conclusions. There is no explanation as to why the ALJ accepted the limitation of "occasional interactions" but not "superficial interactions" from the psychologists' opinions. This is especially problematic where there are no contrary medical opinions of record and where the ALJ assigned the psychologists' opinion great weight due to how well they were supported by the other evidence of record and how well they explained their conclusions. See Mack, 2018 WL 3533270, at *3. ("This does not adequately explain why the ALJ's RFC differs from the state agency psychologist's RFC opinion when the ALJ gave great weight to his opinion as the only mental RFC in the record."). Therefore, the ALJ has failed to build a logical bridge between the evidence and his conclusions.
Because the Court is remanding on this issue, it need not consider the remainder of the parties' arguments. However, the Court is skeptical that ALJ sufficiently accounted for the Plaintiff's limitations related to her sleep apnea in the RFC, especially considering that the ALJ found it to be a severe impairment. On remand, the ALJ is encouraged to reconsider this issue.
Accordingly, the Court REVERSES and REMANDS this case for further proceedings in accordance with this Opinion and Order.
SO ORDERED on September 5, 2018.
s/ Theresa L. Springmann

subset: commoncrawl


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A federal judge yesterday upheld the Abscam bribery conviction of Sen. Harrison A. Williams Jr. (D-N.J.), rejecting the senator's claims that government misconduct violated his constitutional rights.
The 61-page ruling by U.S. District Court Judge George C. Pratt was expected by most trial observers. Williams' attorney said appeals will continue, but the decision is the last legal step before the Senate considers Williams' expulsion from Congress next month.
Pratt, who set sentencing for Jan. 26, said: "On the entire record it is clear that defendants entered on a course of conduct knowingly and voluntarily, and that before committing the criminal acts charged against them they were aware that corrupt use of Sen. Williams' political influence and power was to be an essential part" of the deal.
A jury in Brooklyn convicted Williams and co-defendant Alexander Feinberg on bribery and conspiracy charges May 1. It found the senator had agreed to trade his influence for a hidden share in a titanium mine to be financed by a $100 million loan from an undercover FBI agent posing as an Arab sheik.
Williams was the seventh member of Congress, and the only senator, convicted of corruption charges stemming from the FBI's controversial Abscam "sting" investigation.
His case was considered the most difficult for the government because of the complexity of the titanium deal, his refusal of a direct cash bribe offer, and undercover informant Melvin Weinberg's coaching of Williams on what he should say at a key meeting with the "sheik" in June, 1979.
Williams' attorney, George Koelzer, argued at trial and in his due process motions that the FBI agents' conduct was outrageous and that they had entrapped the senator. But Pratt said, "There is no way that Williams could have misunderstood what was proposed: an offer of Williams' 'power and influence' to obtain contracts in order to induce the sheik to grant the loan."
Pratt said Williams "acted voluntarily and intentionally in that meeting with the sheik and was not influenced to say or do anything that he had not previously agreed to say and do; consequently Williams was not prejudiced by the conduct of Weinberg . . . . "
In a statement last night, Williams said: "Judge Pratt's decision comes as no surprise . . . we welcome today's decision so we can take the case . . . into the United States Court of Appeals, where we are certain that Judge Pratt will be reversed . . . . "
Thomas P. Puccio, the chief federal Abscam prosecutor, said he was pleased with Pratt's ruling and recommended it as "required reading for all those who wish to know what the true facts and issues in this important case really are."


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Towards Continuous Reference Architecture Conformance Analysis
Reference architectures (RA) are reusable architectures for artifacts in a particular domain. They can serve as a basis for designing new architectures, but also as a means for quality control during system development. Quality control is performed through checking the conformance of systems in development to (company-wide) reference architectures. If performed manually, reference architecture conformance checking is a time- and resource-intensive process. In this paper we outline an approach for reference architecture conformance checking of application architectures in the banking domain. Reference architectures are defined on the basis of reusable rules, consisting of roles and of constraints on roles and role relationships. Conformance checking can be performed semi-automatically and continuously by automating important steps like the extraction of the actual application architecture, the binding of reference architecture roles to the elements of a specific application architecture, and the evaluation of the reference architecture rules for an application architecture.
KeywordsSoftware Architecture Reference Architectures Conformance Analysis
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- 1.Nakagawa, E.Y., Oliveira Antonino, P., Becker, M.: Reference Architecture and Product Line Architecture: A Subtle But Critical Difference. In: Crnkovic, I., Gruhn, V., Book, M. (eds.) ECSA 2011. LNCS, vol. 6903, pp. 207–211. Springer, Heidelberg (2011)CrossRefGoogle Scholar
- 2.Angelov, S., Trienekens, J.J.M., Grefen, P.W.P.J.: Towards a method for the evaluation of reference architectures: Experiences from a case. In: Morrison, R., Balasubramaniam, D., Falkner, K. (eds.) ECSA 2008. LNCS, vol. 5292, pp. 225–240. Springer, Heidelberg (2008)CrossRefGoogle Scholar
- 3.Hofmeister, C., Nord, R., Soni, D.: Applied Software Architecture. Addison-Wesley Professional (November 1999)Google Scholar
- 4.Greefhorst, D., Proper, E.: Architecture Principles: The Cornerstones of Enterprise Architecture, vol. 4. Springer (2011)Google Scholar
- 5.Cloutier, R., Muller, G., Verma, D., Nilchiani, R., Hole, E., Bone, M.: The concept of reference architectures. Systems Engineering, 14–27 (2009)Google Scholar
- 6.Weinreich, R., Miesbauer, C., Buchgeher, G., Kriechbaum, T.: Extracting and facilitating architecture in service-oriented software systems. In: 2012 Joint 10th IEEE/IFIP Working Conference on Software Architecture & 6th European Conference on Software Architecture (WICSA-ECSA 2012). IEEE (2012)Google Scholar
- 7.Schmerl, B., Garlan, D.: Acmestudio: supporting style-centered architecture development. In: Proceedings of 26th International Conference on Software Engineering, ICSE 2004, pp. 704–705 (2004)Google Scholar
- 8.Monroe, R.T.: Capturing Software Architecture Design Expertise with Armani. Carnegie-mellon univ pittsburgh pa school of computer Science (October 2001)Google Scholar
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Michael S. Ovitz, the former president of the Walt Disney Company, has been sued by the billionaire Ronald Burkle, who claims Mr. Ovitz owes him millions of dollars for failing to pay his promised share of two Internet investments made in the late 1990's.
Mr. Burkle, who runs the private equity firm Yucaipa Companies, claims that Mr. Ovitz promised to pay half of their joint investments in Checkout.com and Talkcity.com and has "never even invested one cent," according to the suit, which was filed yesterday in Los Angeles Superior Court.
Mr. Ovitz's "blatant misrepresentations have literally cost Mr. Burkle millions of dollars -- with Mr. Burkle repeatedly having to fulfill both his and Ovitz's financial obligations, after Ovitz's flat-out refusal to honor his word," according to the suit.
James Ellis, a lawyer for Mr. Ovitz, called the claims "baseless and false."
It appears that Mr. Burkle "is trying to wage this battle in the court of public opinion, doing so in a vehicle where false and otherwise defamatory statements might be protected by privilege," Mr. Ellis said.
Mr. Burkle's suit comes a month after testimony ended in the trial of a Disney shareholder suit over Mr. Ovitz's $140 million severance. The shareholders contend that Mr. Ovitz was not entitled to the payment from Disney because he should have been fired over his poor performance and ethical lapses.
Mr. Ovitz, 58, has denied the accusations in the Disney shareholder suit.Continue reading the main story


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UK ready meal market led by Italian as the favourite style
Press Release • Feb 04, 2013 10:57 GMT
The UK ready meal market was valued at £1.85 billion, after growing by 6.6% year on year in 2011.
The industry can be divided into two principle sub-categories: chilled ready meals; and frozen ready meals. In recent times, however, there has been a shift away from the traditional perception of ready meals -- otherwise known as TV dinners -- towards a more conventional concept of a meal adapted to suit consumers' increasingly busy lifestyles.
Ready meals have been reinvented to respond to the changing needs of consumers amid the economic crisis.
Innovation has additionally played an important role in the industry in recent years. Manufacturers are expanding their portfolios to include exciting and exotic dishes that are not traditionally found within the ready meals industry. In 2011, Italian overtook English to become the favourite style of ready meal in the UK.
Spicier cuisines such as Mexican and Spanish, as well as renowned types, including French, are also gaining popularity in the market. Flavour innovation offers consumers greater options when buying ready meals; moreover, it means that consumers can try a different variety of meal every day of the week without having to leave the house.
There were around 621 local companies operating in the United Kingdom ready meals market in 2012, mainly dominated by the largest companies.
Producers with more than 250 employees generated 80% of total turnover in 2012. The major players in the industry were Premier Foods Group Ltd, HJ Heinz Co Ltd, Unilever Foods UK Ltd, 2 Sisters Food Group Ltd and Kerry Foods Ltd.
Own-label products continue to dominate the ready meals market, however, it was branded meals that were better able to respond to the demand for these types of products in 2011. Consumers are willing to pay extra for a perceived level of superior quality, which has helped drive value and volume sales of branded products.
For more information on the UK ready meal market, see the latest research: UK Ready Meal Market
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District Magistrate Ritu Maheshwari felicitated Arpana Ray, Class X CBSE District Topper from DLF Public School at a special ceremony held in her office. Arpana is not only the District Topper with a whopping score of 497/500(99.4%) but has also attained the third highest All India score.
The event was organised to felicitate the toppers of ICSE, CBSE and UP Boards. While applauding Arpana for her exemplary performance, the DM gave her a trophy and a merit certificate.
Speaking at the ceremony, Arpana attributed her success to her parents, teachers and school, and said that the key to her success had been her focus and consistency. When asked what she wanted to become, she enthusiastically declared her love for Medicine and her ardent wish to be a doctor!
Addressing the gathering, DM Ritu Maheshwari advised students that in today's competitive times, students should not get demotivated by failures, and must balance their IQ with their emotional quotient.
DLF Public School Principal Seema Jerath, having expressed her joy on the commendable achievement by Arpana, emphasized that it is equally important for her school students to imbibe life skills besides excelling in academics, and stressed on the importance of nurturing givers,rather than takers, who wished to dedicate themselves to bettering the lives of other people.


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As a Commonwealth Registered Marriage Celebrant, I take pride in delivering Quality well presented ceremonies that reflect your personal needs. I offer a variety of ceremonies for all occasions with a wide range of options and choices. My aim is to help create the perfect ceremony for you. Turning your special day into a celebration of Love. Please contact me for a chat about your special day, I'm more than happy to come to you.more
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The Horizon girls basketball team finished its regular season last week with a win on the road and a loss at home.
On Feb. 9 the girls traveled to Fossil for a matchup with Condon/Wheeler.
Before the game, the girls were in a three-way tie for second-place in league standings with Sherman and Ione.
With the Hawks controlling their own destiny, the girls handled business on the road and beat Condon/Wheeler by a final of 42-26.
The final game of the season for the Hawks would determine whether the girls would place second or third in league as they would play Sherman at home on Feb. 10.
Sherman through two and a half quarters was in full control over the Hawks as they were up 27-17 with four minutes left to go in the third quarter.
At the start of the fourth, Sherman was up 29-16, but Horizon would show a glimpse of fight to open the final quarter.
Horizon came out on a 4-0 run and cut the lead to single digits, 29-20, with 5:30 remaining on the game clock.
Although the Hawks outscored Sherman 14-10 in the fourth, a 29-16 deficit from the first three quarters was too much to overcome and they lost by a final score of 39-30.
Sherman and Horizon will match up again, but this time at the District tournament on Friday, Feb. 16. If the Hawks can beat Sherman in Madras this Friday, they'll play for the 1A-6 Big Sky League title for a second straight year.
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Match Report for
Heavy rains the last two days left the field wet and muddy, but except for a few minutes in the second half the rains held out for the day. The first half was a back and forth affair until the 32d minute when North Shore scored an unconverted try that held through half time. Amoskeag took the lead in the 45th minute with a converted try. They added an unconverted try in the 73d minute and another after 80 minutes. North Shore made several forays into Amoskeag territory, but were not able to score again.
Referee: Dan Mannschreck


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Boston is known as a sports town, teeming with homegrown athletes throughout the city in both school and neighborhood sports programs. Behind these spirited athletes are their dedicated coaches, focused on fostering their players' abilities on the... Read more
There is sporting life after Baseball, although the annual re-affirmation of that essential truth generally obliges acute withdrawal pangs. Less so this year after a hardball season that can vaguely be characterized as "flat," no matter how much Bud... Read more
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Worthy of a race report! The Dragon Devil Ride... ouchy
by tiggaJun 11th 2014
In October 2013 entries opened and because this is such a popular sportive it fills pretty quick. At the time a 300km ride in the Welsh hills sounded like a good idea, I had plenty of time to prepare and I knew what was coming IГўВҖВҷd done the 211km event just 4 months earlier. Those famous wordsГўВҖВҰ ГўВҖВҳWhat could possibly go wrong?ГўВҖВҷ
Throw in a new job/job role, a major DIY house renovation from Mar-June and the new addition to family life in the New Forest by the name of Mr Wiggins our now 15 week old puppyГўВҖВҰ it turns out quite a lot can go wrong or right depending on how you look at it. Wrong because all that is not really condusive to effective training, right because I am loving life for all those reasons mentioned.
My plan was to ride long every weekend, sometimes doubling up and get in at least one 200km ride - And you know, I nearly did thatГўВҖВҰ my 200km ride the weekend before which probably wasnГўВҖВҷt ideal, but that was how it worked out with various things outside of cycling that happen. I wasnГўВҖВҷt super confident, but I knew I was in reasonable shape having done a 6 week block of 400-440km/week. Solid, but not spectacular. A fair few of those miles were done with some pretty decent riders in my area and my ride ГўВҖВҳbuddyГўВҖВҷ for the event Julian Jenkinson. Jules has pedigree way beyond my ability, crikey he was national 12 hour TT champion clocking a ridiculous average speed of just under 40m/hr! So yes, not afraid of riding hard, not your average cyclist.
Jacks had entered (or sorry, I had entered Jacks ГўВҖВ" hehehe) into the Gran Fondo 227km event and we stayed just 5miles from the race start over night. My start was 7am so it was an early rise for breakfast and sort nutrition out for what I knew was going to be an epic day. 300km with 4800+m of altitude gain, lots of lovely Welsh hills.
As we set off from Margam Park Jules and I both had a game plan to stay together stop at 96km and again 223km for refuelling. Pacing wise ГўВҖВ" Although a sportive is not race, there is a competitive element to these big events but I figured it would be a race of attrition if the pace was decent enough. By the time we got to the first feed station at 48km we already had the first two big hills out the way, half the riding group of 15 or so riders stopped for a refuel and were down to six.
ГўВҖВҳChaingangГўВҖВҷ for 252km anyone?
Two of the guys dropped off the pace not long after that and it was down the four of us committed to rolling on and what turned out to be a good pace. The first of the steeper climbs was the DevilГўВҖВҷs ElbowГўВҖВҰ nothing hectic, only 90km in the legs I felt quite good. Regrouping at the top, rolled down into the next feed station for a top up and on our merry way. Spirits still quite high, but I for one was a little apprehensive about just how far we had to go. Some favourable winds and really great roads into towards Brecon we were singing along as a fantastic working group of four. Mistake number one: Not stopping for a refuel on liquids. First 100miles in a shade over five hours, a favourable wind and the worst of the hills yet to come. The Devil ride sent the riders out onto a loop from Llandovery, over the Devils Staircase, skirting a lake called Llyn Brianne, through the Irfon Forest and back into Llandovery. Four became three on the lower bumpy and lumpy slope of the Devils Staircase, by the time we reach the bottom of the real climb itself a nasty gradient changing 1mile long bugger of hill that at itГўВҖВҷs steepest was a 30percenter, thatГўВҖВҷs 1:3ГўВҖВҰ with just a 39/25 gearing and 190km in the legs, there really is only one upГўВҖВҰ Flatout otherwise you just stop. Probably the toughest climb I have ever done. After 6 hours in the saddle a 1:3 slope is just crazyГўВҖВҰ crazy. 6mins of gritting my teeth and hoping I could turn the pedals over. Over the top and into a 25% downhill and uh-oh I can feel cramps in the legs, 2mins later it was tickets for me as the legs simply seized up, literally every muscle in my both my legs locked solid that had me laid on the grass whimpering. Jules came back thankfully gave me one of his bottles and I said to just go it would eventually come right and I would make it to the finish. That was pretty much a lie, I just wanted him to get going again, whilst not a race we both to do the best we could. At the point I wasnГўВҖВҷt sure I was going to get back on my bike again let alone ride the next 110km. I have never experienced cramp that bad and so sudden, and donГўВҖВҷt want to ever again!!
In the back of my mind was a lonely ride to the finishГўВҖВҰ a loooonnng lonely ride to the finish and more headwind than tailwind. I managed to get going again and stopped by a localГўВҖВҷs house to fill up both my water bottles and have a breather to let the liquid re-hydrate and the food to fuel the legs. The next 2hr30mins was a mix of not knowing when another bout of cramp was coming, the odd spate of nausea and drinking/eating as much as possible whilst trying to keep going at a reasonable pace without puking the contents of my stomach up. Eventually I re-joined the ГўВҖВҳshorterГўВҖВҷ route and there were other people around and I felt better. After 8 hr 45mins my legs really did come back to me. I had a good solid last 90mins and although I admit I was pretty much spent at the finish I certainly was strong and a little disappointed I couldnГўВҖВҷt ride with Jules the whole way. In the end he had the fastest Devil ride of the day and I was 5th across the line 20mins later, passed by two chaps whoГўВҖВҷd started a little later than we did.
I had also passed Jacks about 20km from the finish. As much as I wanted to stop and chat I was now in a nice rhythm and working well with one other from the Gran Fondo, so I passed by and cheered her on and she crossed the finish line not long after me having ridden the furtherest sheГўВҖВҷs ever done off not very much training. Both of us were well proud of finishing. If I am honest if werenГўВҖВҷt for Jacks I wouldnГўВҖВҷt be able to do half the training I get throughГўВҖВҰ thanks hun.
ToughГўВҖВҰ tough day out. Exceptionally challenging course, great scenery, extremely satisfying accomplishment that I 'probably' wonГўВҖВҷt do againГўВҖВҰ..
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