Because you are disabled.

File for disability benefits.

Appeal your case.

How you presented your initial application was the best you could do at that time given what you knew and were told.

But, if you were not successful, appeal (1) because you are disabled and (2) because you can improve on your presentation.

Tuesday, March 11, 2014

Severe Obstructive Sleep Apnea and Transient Ischemic Attacks.

The court noted the claimant’s arguments were based on the conclusions of three of his treating physician:

“Dr. Alokeh consistently found that Plaintiff suffered from sleep apnea, transient ischemic attacks with associated fatigue and weakness . . . .”

“Dr. Altajar [a cardiologist] assessed Plaintiff with severe obstructive sleep apnea and excessive sleepiness and fatigue and would not clear Plaintiff to drive a car or return to work.”

“Dr. Berry diagnosed Plaintiff with severe obstructive sleep apnea, excessive daytime sleepiness, a history of cerebrovascular accident, hypertension, and obesity.”

The Administrative Law Judge found that the claimant’s severe impairments were obesity and sleep apnea.

The court remanded the case finding that the ALJ erred in discounting the opinions of three treating physicians and relying on another without demonstrating how their opinions were or were not supported by their medical records.

The court also found that the ALJ did not properly evaluate the claimant’s past relevant work as a high school teacher.  The court noted that the ALJ failed to articulate how the claimant could continue to work given that he is unable to remain awake throughout the day.

Longenecker v. Commissioner of Social Security, Case No. 2:13-cv-17-FtM-DNF (D. M.D. Fla., Ft. Meyers Div., Feb. 13, 2014).

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