Another Saga - Disability client

A.S. is a 34 year-old man who in December of 1999 was diagnosed with nephrotic syndrome.   Nephrotic syndrome is a disease of the kidneys, which among other things, is marked by a profound swelling of the extremities.   In February of 2000, A.S. was further diagnosed with Hepatitis C.   Finally, in June of 2000, A.S. was involved in a catastrophic motorcycle accident that left him with compound fractures in both legs.   Treatment of these fractures required several surgeries, bone grafts, skin grafts, and the placement of multiple metal support structures in both of his legs.  As a result of all of these conditions, A.S. applied for Social Security benefits in June of 2000 and was eventually awarded them after an ALJ hearing in May of 2002.   In December of 2004, the Utah Department of Disability Services (DDS) concluded that A.S. had experienced medical improvement in his condition and was now able to work.

A.S. appealed the DDS decision and the case eventually ended up before a Social Security Administration Administrative Law Judge in April 2007.   At this hearing a Medical Expert (ME) testified that A.S. would require a work position that would allow him to continually have his leg elevated to alleviate swelling associated with his nephrotic syndrome.   As of April 2007, A.S. had been unable to get his nephrotic syndrome treated because the treatment would exacerbate his Hepatitis C.   He could not get his Hepatitis C treated because the treatment was too expensive.   Consequently, both conditions were going untreated.

The ALJ at A.S.’s April 2007 was unsympathetic to his plight, declined the incorporate the limitations identified by the ME into hypotheticals he presented to the vocational expert (VE) and ultimately found A.S. no longer disabled as of May 2004.   A.S., on his own, appealed the ALJ decision to the Appeals Council and won a remand order back to the ALJ for further development of his case.

It took until December of 2008 for A.S.s’ case to work its way back to an ALJ hearing.   In the interim, A.S. had engaged the help of Utah Legal Services.   ULS attorneys, sought and obtained additional medical evidence from A.S.’s treating physicians as well as a work function evaluation.   This evidence supported A.S.’s allegations that the impairments he had involving both his legs and hands were continuing.  At his December 2008 hearing, his ULS attorney was further able to elicit testimony from the ME that in addition to the need to elevate his legs, A.S. would also need to be able to sit or stand at will.

The ALJ again refused to incorporate all of A.S.’s impairments into hypotheticals presented to the vocational expert, leaving some out altogether and minimizing others to far below the levels the medical records supported.  Again, the ALJ found A.S. no longer disabled, effective May 2004.   The ALJ’s focus throughout the hearings was the length of time A.S. had been receiving Social Security benefits on not on the central issue of whether he continued to be disabled.

A.S.’s ULS Attorney pursued the matter on appeal, first with the Social Security Administration’s Appeals Council, and when they declined to grant relief, to the US District Court for the District of Northern Utah.  On February 23, 2010, the US District Court heard arguments and granted relief, remanding the case back to the Social Security Administration for further action by a new ALJ.

Gary Anderson represented A.S. at his ALJ hearing and during his appeals with the Appeals Council and arguing the case in U.S. District Court.   Mike Bulson helped immensely on both the initial Appellate Brief and wrote the Reply Brief presented to the District Court.  

Great Work!