The Administrative Law Judge found that the claimant
exhibited “the signs and symptoms of the following severe combination of
impairments: chronic obstructive pulmonary disease [COPD]; hypertension;
ischemic cardiomyopathy (due to coronary artery disease) . . . gastroesophageal
reflux disease; adult onset type II (non-insulin-dependent) diabetes mellitus;
obesity; depression; and anxiety.”
On appeal the claimant, among other issues, asserted that
the ALJ erroneously discounted his credibility.
The ALJ’s decision pointed out that while the claimant asserted that his 2001 heart attack changed his life “big time,” the claimant continued working at his job for eight years.
The ALJ also noted that the claimant said that “he mowed the grass weekly, went shopping, and attended church weekly. . . .”
Additionally, the ALJ stated that when the claimant received
unemployment benefits, he was certifying that he was “ready, willing, and able
to work” and had been looking for work.
“[T]he ALJ specified that despite plaintiff's testimony of
difficulty breathing with activity, lower extremity pain and numbness,
generalized fatigue, and disabling mental impairments . . . plaintiff did not report any of these to his
treating cardiologist . . . .”
The district court sustained the ALJ decision on all the
issues including credibility, stating: “The inconsistencies between plaintiff’s
hearing testimony and prior statements regarding his activities of daily living
provide substantial support for the ALJ’s credibility finding.”
COMMENT
This case shows several credibility
problems for the claimant.
The ALJ’s decision pointed to inconsistencies between a Social
Security function report in the file and what the claimant was actually doing
(continuing to work).
The claimant was also reported to be mowing the grass weekly
and shopping and attending church services without further extenuating
explanation.
Also, very damaging, the claimant’s medical records did not
include any contemporaneous reports to his cardiologist regarding the disabling
symptoms that he testified about.
The claimant had applied for unemployment benefits
during his claimed period of disability.
Applying for unemployment
benefits is a known “problem” in a disability application that should never
be left unexplained. A person might
apply for unemployment benefits seeking a job with only limited hours or the
ability to work from home or a job that would otherwise accommodate his
disabling impairments. Although doubtful
of finding a job he could do, a person might apply for unemployment benefits
because it was required of him by a welfare office.
Comberger v. Commissioner of Social Security, Case No.
1:13-cv-24 (D. S.D. Ohio, Western Div., Feb. 3, 2014).
http://scholar.google.com/scholar_case?case=6863374189244267371&q=social+security&hl=en&as_sdt=40000003&as_ylo=2014
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