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Improve Search Engine Placement: Sample Attorney Copy (Case 20, p.3)

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This piece is a sample case result that an attorney may benefit from on their legal website.

Disabilities: Human Immunodeficiency Virus (HIV), depression and borderline intellectual functioning

Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge's Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)

Return to Page 1 of Decision

The State Agency medical consultants' physical and psychological assessments are given little weight because they failed to take into account the significance ofthe claimant's combined impairments, in light ofthe criteria of Listing 14.081, as previously discussed. The State Agency physicians opined that the claimant could perform light work, restricted to routine repetitive tasks (Exhibits 6F, 15F and 18F). In reaching a functional capacity evaluation, however, those physicians overlooked the determination ofwhether the criteria of any Listing were satisfied.

4. The claimant has been under a disability, as defined in the Social Security Act, since May 3, 2007, the date the application was filed (20 CFR §416.920(d)).

5. The claimant's substance use disorder is not a contributing factor material to the determination of disability (20 CFR §416.935).

According to the provisions of §1614(a)(3)G) of the Act, a claimant whose drug addiction and/or alcoholism is a contributing factor material to the determination ofher disability is no longer eligible for or entitled to disability benefits. Upon finding such a claimant disabled, I must address whether the claimant's substance abuse is a contributing factor material to disability. The test of "materiality" is whether the cessation of drug or alcohol abuse would render the claimant no longer disabled. If this question is answered in the affirmative, then the claimant's drug or alcohol abuse is "material" to disability and acts as a bar to the receipt of disability benefits. In this case, the claimant has a history of cocaine dependency, which was in short-term remission at the time of her December 2007 hospitalization. Even if this were not the case, however, there was no evidence that the complete cessation of substance abuse would in any way ameliorate the well-documented and progressive effects of her HIV+. For these reasons, I conclude that her history of cocaine dependency is not a contributing factor material to disability.

DECISION

The claimant has been disabled, under §1614(a)(3)(A) of the Social Security Act, since May 3, 2007, the date the application for supplemental security income was filed. The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the non-disability requirements for these payments and, if eligible, the amount and the months for which payment will be made.

I hereby order the appropriate component to appoint a representative payee to manage payments in the claimant's interest, based on her past history of substance abuse and her cognitive functioning.

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