Here
is a summary of a Social Security Disability heart disease case.
In
2008, the claimant applied. In 2010,
he was denied at his hearing before an Administrative Law Judge (ALJ). After an appeal to the U.S. District Court,
he was granted a remand back to Social Security for another hearing. In 2013,
he had his second hearing (the remand hearing) before the same ALJ (Social
Security policy requires that the same ALJ hear the case on a first remand) and
was denied again. After the second ALJ denial,
a U.S. District Court judge sustained the ALJ decision. Then the claimant appealed to the U.S.
Circuit Court for the Seventh Circuit. In
January, 2017, the Seventh Circuit overruled
in the U.S. District Court judge and sent the case back to Social Security for
a third hearing before an ALJ.
Despite
the Seventh Circuit’s characterization of the ALJ’s rationale as feeble, absurd, and wrong, the
Court did not reverse the last ALJ decision but merely remanded the case.
The
claimant will probably not have this third hearing before 2018, ten years after his application.
The
Seventh Circuit noted that his long-time treating cardiologist reported that
the claimant suffered from:
“congestive heart failure, cardiomyopathy
(another disease that diminishes cardiac performance), severe asthma, COPD
(chronic obstructive pulmonary disease, actually one or more of a set of
distinct diseases, all of which however are debilitating, progressive, and
potentially fatal lung diseases), occasional chest pain, obesity (he weighs 350
pounds yet is only 69 inches — five feet nine inches — tall), hypertension, and
dyspnea (difficult or uncomfortable breathing, resulting in shortness of
breath).”
The
Seventh Circuit observed:
“Nor
is the ejection fraction the only evidence that [the claimant’s] left ventricle
is impaired. If the left ventricle is wider than 6 centimeters in its diastolic
state (that is, when it is expanded and full of blood), this indicates a severe
thinning of the heart muscle. . . . [The claimant’s] heart measurements have
consistently revealed that his left ventricle is more than 6 centimeters wide.”
Diagnoses
of two other treating physicians were:
“crackles in the lungs, bronchial
markings, a hernia, acute bronchitis, depression, a systolic heart murmur,
increased lung markings, increased dyspnea and chest pain, wheezing and coarse
breath sounds, edema (swelling) of the ankles, headaches, and pain and swelling
in the legs.”
“acute bronchitis and hypertension, coarse
breath sounds, shortness of breath, coughing, fatigue, decreased exercise
tolerance, severe fatigue, congestive heart failure, chronic obstructive
pulmonary disease, obesity, etc., and an ejection fraction, still subnormal, of
35 to 40 percent [and] painful cysts on his legs . . . .”
With
respect to the ability to work, despite medical impairments, the Court said:
“[The
ALJ’s] conclusion that [the claimant] can sit for at least 6 hours a day at
work and stand and/or walk another 2 hours a day, while sleeping 3 hours a day
at work and missing 3 or more days of work per month, and keep to this schedule
week after week, and continue employed until his sleeping on the job and
absenteeism is noticed by the employer is — absurd.” [Emphasis added.]
The
Seventh Circuit cited earlier holdings where it had noted:
“failing to
recognize the difference between performing activities of daily living with
flexibility (and often with help from family and friends) and performing to the
standards required by an employer ‘is a recurrent,
and deplorable, feature of opinions by administrative law judges in social security disability cases.’”
[Emphasis added.]
Being approved for Social Security disability, if one lives long enough, is not an automatic process.
See
CHILDRESS v. COLVIN, 845 F.3d 789 (7th
Cir. 2017)
