HIV Listing Claim Prevails at Appeals Council
September 30, 2011
Author: Louise M. Tarantino| Catherine M. Callery (Kate)
Buffalo Bruce Caulfield of Neighborhood Legal Services reports a significant victory at the Appeals Council. The Appeals Council found that his client met listing 14.08K. It relied on clear medical evidence demonstrating the claimant’s low CD-4 counts and other symptoms that the ALJ had blatantly ignored. In fact, the ALJ had merely noted that the claimant, who had been HIV positive since age 14, was doing very well with adherence to medications. He dismissed listing 14.08 in one sentence.
Instead, the ALJ devoted most of his thirteen page decision to what might be described as a tirade about the claimant’s alleged substance abuse. In a convoluted decision, he found her testimony that she was no longer using drugs and alcohol incredible, yet he found she was credible concerning her symptoms and limitations when she was abusing drugs and alcohol. He also ignored all the treating source evidence of record.
Luckily for the claimant, the Appeals Council quickly – within three months of the ALJ’s decision – recognized the error of his ways. It reversed the ALJ’s decision, specifically finding that her substance abuse was not a contributing factor material to her determination of disability.
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