Social services – Depression – Alcohol abuse

Listen to this article

Where an application for SSDI benefits was denied, a remand is necessary because the conclusions of the administrative law judge concerning the nature, severity and duration of the plaintiff’s symptoms of depression are not adequately supported by the record.

“… The ALJ said: ‘The claimant has been diagnosed with depressive disorder. However, he never exhibited any depressive symptoms that did not occur in the context of heavy alcohol abuse. As discussed in greater detail below, when treated and sober, he exhibits few, if any, functional limitations. … Accordingly, the objective evidence does not demonstrate any independent mental impairment apart from alcohol dependence.’ … In other words, the ALJ concluded that the symptoms of depression were regularly, if not always, secondary to alcohol abuse.

“Portions of the medical record, however contradict this conclusion. …

“It is true that the medical records often include simultaneous notations of both alcoholism and depression, but the ALJ’s conclusion that the latter symptoms emanated from the former condition appears unwarranted and unsupported. As a result, the ALJ’s further conclusion that the depression was not a severe impairment during the insured period is called into question.

“On remand, the ALJ shall give consideration to whether [plaintiff Michael] Gloekler’s depression was an independent impairment and, if so, whether it was a ‘severe’ impairment during the period of insurance. In doing so, he should be careful to follow the requirements of 20 C.F.R. sectionsection416.920a and 404.1535(b).”

Gloekler v. Astrue (Lawyers Weekly No. 02-095-12) (2 pages) (O’Toole, J.) (USDC) (Civil Action No. 10-11869-GAO) (March 7, 2012).

Click here for the full-text opinion.