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Monday 24 June 2013

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All you can see is what you’re flashlight is showing you, and you can get a really eerie feeling,” he said. “There’s just no telling what’s down there.”
As a Tennessee Social Security lawyer, I know that your credibility can be the key to convincing Social Security Administration decision makers that your symptoms are disabling. Your symptoms, such as pain, shortness of breath, dizziness and so forth are your own description of your physical or mental impairments.
When your medical evidence alone does not establish you are disabled, the Social Security decision maker must carefully consider your statements about your symptoms because they may suggest a more severe impairment than the objective medical evidence shows.
Social Security decision makers are expected to recognize that individuals may experience their symptoms differently. One person may be more limited by symptoms than another person who has the same medical impairments and the same medical examination and test results.
The extent to which the Social Security Administration will rely on your statements about your symptoms depends on how credible or believable they are.
The threshold requirement for proving pain and symptoms
Before the Social Security Administration will even consider the effect of your symptoms on your ability to work, your medical evidence must show that you have a medically determinable impairment that could reasonably be expected to produce your symptoms. Once you pass this threshold, Social Security decision makers will next look at the intensity and persistence of your pain or other symptoms and determine the effect they have on your ability to work.
Credibility of your statements about pain and symptoms
If your objective medical records (medical examination and test results) alone are not enough to substantiate your pain or other symptoms, the decision maker must consider all of the evidence in the case record, including any statements by you and other persons concerning your symptoms. The decision maker must then decide how credible or believable your statements about your symptoms are.

The Historical Society of Tennessee is looking for new members. In March, you should have received a letter from Don Ferguson regarding the Society and its projects. The mailing also included the Society's newsletter which featured our local chapter 13 Trustee C. Kenneth Still. If you are interested in the Society, you may contact Mr. Ferguson at Don_Ferguson@tned.uscourts.gov.Future CLE Programs
The Association is looking for ways to serve its members. If you have ideas for programs, events or CLE, please send us your suggestions.
The association provides tours of the federal courthouse as part of its community outreach program. We are looking for new tour guides to join this committee. The time commitment involved would only be for an orientation session and about three hours to conduct the tour. We are looking to have a pool of trained attorneys so that no one would have to do more that a couple of tours during the school year. Please contactparticipating.
Issues Regarding the JudiciarThe General Counsel for sixty major U.S. corporations have written a letter to key members of Congress urging a positive response to Chief Justice John Roberts’ plea for a substantial increase to the salaries of federal judges. You may recognize a number of your clients on the list of signatories. If you would like to voice your thoughts to your representatives or the members of the Judiciary Committee, we encourage you to do so.

ATLANTA – July 17, 2012) The Department of Justice, the U.S. Environmental Protection Agency (EPA), the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced today a comprehensive Clean Water Act settlement with the city of Chattanooga, Tenn. Chattanooga has agreed to pay a $476,400 civil penalty and make improvements to its sewer systems, estimated by the city at $250 million, to eliminate unauthorized overflows of untreated raw sewage. Chattanooga also has agreed to implement a green infrastructure plan and perform an $800,000 stream restoration project. Chattanooga residents will enjoy public health and environmental benefits for years to come as a result of the improvements required by this settlement agreement. The agreement prioritizes neighborhood sewer rehabilitation projects and utilizes innovative stormwater controls in the urban core, reducing sewer overflows and overall reducing threats to public health posed by untreated sewage,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This is another example of how we are working toward the goal of clean water for all communities through the vigorous enforcement of the Clean Water Act throughout the United States.”
The EPA is working with communities across the country to address sewage overflows that impact the health of residents and impair local water quality,” said Cynthia Giles, Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement with the city of Chattanooga will rehabilitate their aging sewer system and promote innovative green infrastructure efforts to reduce stormwater runoff, while increasing green space in communities.”
A consent decree, filed today in U.S. District Court for the Eastern District of Tennessee in Chattanooga, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and of the Tennessee Clean Water Network, a citizens’ plaintiff in this action. The consent decree resolves claims for injunctive relief and civil penalties for Chattanooga’s alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act. Sewage overflows are a significant problem affecting water quality and, ultimately, the health of our communities across the Southeast,” said Gwen Keyes Fleming, EPA Region 4 Administrator. “The Chattanooga community will benefit from improved water quality and a cleaner, healthier environment as a result of this settlement.”
The proposed consent decree will require Chattanooga to comprehensively assess and rehabilitate its entire sewer collection system to eliminate overflows of untreated raw sewage. Specifically, Chattanooga will perform rehabilitation projects to address known problems within the collection system; implement programs to ensure proper management, operation and maintenance of its sewer systems; and install additional controls on the Chattanooga Creek combined sewer outfalls to ensure compliance with water quality standards. Prior to finalizing the proposed consent decree, the city, along with EPA and the Tennessee Department of Environment and Conservation, held two public meetings to provide information regarding the sewer system and to seek community input regarding the impact that sewer overflows were having in the community. Chattanooga has also agreed to perform a stream restoration supplemental environmental project at a cost of $800,000 in the 3800 Block of Agawela Drive, to restore the stream and stabilize the banks of a tributary of the South Chickamauga Creek and eliminate a significant source of sediment and solids to the creek. Half of the civil penalty will be paid to the United States. At the direction of the state, the other half of the civil penalty will be paid by Chattanooga through the performance of green infrastructure demonstration projects in the historic downtown Highland Park neighborhood to, among other things, improve water quality in the Dobbs Branch stream, which flows into Chattanooga Creek. Green infrastructure involves the use of soils, vegetation and natural processes to store, infiltrate and evaporate storm water to prevent it from getting into the sewer system.
Today's consent decree sets out a schedule that will ensure the city of Chattanooga moves forward in making the much needed infrastructure changes to its sewer system,” said Tennessee Department of Environment and Conservation Commissioner Bob Martineau. “We’ve been pleased with the city's efforts and cooperative tone during these negotiations and will continue working together to ensure a cleaner, healthier environment for the citizens of Chattanooga.” We have seen far too many violations of the Tennessee Water Quality Control Act due to aging infrastructure across the state,” said Tennessee Attorney General Bob Cooper. “We hope this cooperative agreement to improve Chattanooga’s sewer system will improve the quality of our environment and economy.”

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