Bodner v. Barnhart - ED Pa. - March 14, 2006
http://www.paed.uscourts.gov/documents/opinions/06D0316P.pdf
Alcohol/depression case. Case remanded where
a) There was no evidence in the record that claimant could work when sober and compliant with medications. There was no support in the medical record for this finding, since claimant had not been directed to take psychotropic drugs. A claimant needn't take palliative drugs unless prescribed. The ALJ impropely ignored the treating physician's opinions in this regard.
b) The ALJ did not follow the procedure in SSR 82-59 concerning failure to follow prescribed treatment.
Some key facts -
- Claimant (CL) testified that he had been sober since April 2002
- Treating psych. said CL couldn't complete normal work day/week
- VE testified that CL couldn't do any work if unable to complete normal work day/week
- No psychotropic meds prescribed because of CL's liver disease and other health problems
