Impairments

Client with bipolar and other MIs.   DRB reviewed and upheld ALJ (Merrill).   Ct. relates adequate assessment of the evidence to the condition - bipolar - The particular features of the disease should guide the evaluation of the evidence.   ALJ has not adequately…

 SSA denied dual applications for SSI and SSDI benefits for a younger individual (at the time of the AOD) with HS education and PRW as a truck driver, logger, and laborer. After a video hearing ALJ Thomas Merrill denied both applications and held that the applicant retained an RFC for…

Claimant appealed the Commissioner's denial of her SSDI application arguing that the administrative law judge (“ALJ”) erred by (1) failing to consider her morbid obesity when determining her ability to perform substantial gainful activity in violation of SSR 02–1p and (2)…

A younger individual with high school education and past relevant work as an exterminator, receptionist, school-bus driver, and a customer-service agent filed a an application for SSDI benefits alleging disability due to depression, serum negative rheumatoid arthritis, migraine headaches, and…

At Step 4, the ALJ is entitled to credit the claimant's own description of her past work and her functional limitations, but the ALJ has some burden independently to develop the record. Citing Santiago, 944 F.2d 1 (1st Cir. 1991). Remand. Illegibility of non-trivial parts of medical record,…

Even though Chronic Fatigue Syndrome POMS were promulgated after adverse ALJ decision, previous version of same section of POMS re: evaluation of Epstein Barr Virus set forth the same principles. Since historically, EBV and CFS have been used interchangeably (even though the medical evidence is…

An ALJ's credibility determinations are owed "considerable deference." Claimant did not seek medical treatment during the time in question therefore there was no credible medical evidence supporting claim of pain during that time period. Appeals Council in this own motion review, did…

Dysthymic disorder is severe impairment. To determine the severity of a mental impairment, an ALJ must rate the degree of functional loss in four areas that the SSA has identified as essential to work: 1) activities of daily living; 2) social functioning; 3) concentration, persistence, or pace; and…

Fibrositis. Although Appeals Council was uncertain that fibrositis is a recognized disease, it emphasized that the nomenclature used to diagnose a condition is immaterial to a finding of disability. Medical expert's sworn statement that "if claimant has fibrositis" she is disabled, not…

ALJ allowed to rely on medical advisor's opinion in the face of contradictory findings. Claimant's burden at Step 4 includes proving the particular demands of past work that she cannot perform. Secretary allowed to rely on medical advisor's opinion that the treadmill exercise test was…

Transportation to Work. At Step 4, test is whether claimant has ability to return to past relevant work performed at substantial gainful activity level. Past insubstantial activity cannot demonstrate an ability to perform SGA. Available at DLC. Deference owed to ALJ’s credibility…

Step 2 (sequential evaluation) severity requirement is hereinafter to be a de minimus policy, designed to do no more than to screen out groundless claims. Various non-severe impairments viewed in combination may be disabling. SSR 85-28. See "severity" for discussion. Various non-severe…

Vocatoinal Factors. Stress. "Stress is not a characteristic of a job, but instead reflects an individual's subjective response to a particular situation ... Without an evaluation of Lancellotta's vocational abilities in light of his anxiety disorder, there is no basis for the ALJ's…

Cardiac and mental impairments. Although the Secretary is not bound by a psychiatrist's "sweeping conclusion" as to disability, when uncontroverted evidence exists as to mental impairment, the Secretary should assess the impact of the alleged mental impairment on the claimant's…

Making an error of law does not constitute bias. The fact that the claimant was committed as a "sexually dangerous person" does not mean that he is disabled under the Social Security Act.

Claimant's fully healed right knee fusion does not constitute a medically determinable cause of claimant's subjective complaints of disabling pain. Subjective complaints of pain must be considered and evaluated, but only if there is a medically determinable impairment that could cause the pain.…

Since plaintiff failed to raise sequential evaluation issue, the court does not have to consider the overall validity of the process. Claimant's work difficulties "stemmed from personality problems that were not such as to constitute mental disability."

ALJ is not at liberty to substitute her own opinions of an individual's health for uncontroverted medical evidence. ALJ erred in discrediting IQ scores where such test results are the only evidence on the point before the ALJ. It was error for ALJ to conclude that IQ score of 63 must be invalid…

"Good cause" for remand due to Secretary's failure to develop record. ALJ is not at liberty to substitute his own impression of an individual's health for uncontroverted medical opinion. Given unchallenged diagnosis of chronic schizophrenia, coupled with uncontradicted testimony…

Approves administrative notice of occupational reference materials for information regarding various types of work. Court notes that the 4th circuit has held that the Secretary may rely on general categories in the Supplement to the DOT as presumptively applicable to the claimant's past work.…

Possibility of mental impairment causing failure to take medication where medical report states that non-compliance "may be inherent to suspicious paranoia." "It could be unfair for the Secretary to refuse to give disability benefits under § 404.1530 if the claimant's mental…

Mental retardation listing for children does not require use of the lowest I.Q score in determining whether impairment meets the listing.

Although plaintiff has several impairments, court holds that there was considerable evidence in the record that he was able to work with these problems for many years. Further, plaintiff's mental impairment is found to be non-severe, although it moderately restricts five out of ten basic…

At the hearing, claimant did not appear preoccupied with personal discomfort and his thoughts did not wander during the hearing. He answered questions alertly and his general appearance suggested no obvious abnormality." In reviewing the record for substantial evidence, "issues of…

ALJ has duty to develop evidence of side effects of seizure medication where claimant alleged side effects disabled him from working. Where claimant asserted that seizure medication made him so sleepy, hot and ill-tempered so as to disable him from working, ALJ should have sought further medical…

"Substantial evidence" is the standard of review by the District Court; issues of credibility and drawing of permissable inferences are for the Secretary.