Bernard v. Colvin

Todd, born in 1963, was a high school graduate, and worked primarily as a laborer, often for temporary services. Todd’s last employment before seeking disability benefits ended in April 2007 because the temporary job was completed. Todd claimed inability to work due to anxiety, cramping in his feet, and difficulty breathing. Until his death in July 2009, Todd was treated for major depressive disorder, alcoholism, alcohol dependence, emphysema, and generalized anxiety disorder. Todd also experienced tremors of unknown etiology. An ALJ decided: Todd had not engaged in substantial gainful activity since April 14, 2007; Todd suffered from emphysema, tremors, an affective disorder, an anxiety disorder, and alcohol dependence; Todd did not have an impairment or combination of impairments so severe as to meet or equal the criteria of a listed impairment; Todd had the residual functional capacity to perform light work and was capable of performing his past relevant work as a laborer; and Todd was “not under a disability.” The district court agreed. Although the ALJ improperly weighed the medical professionals’ opinions, the error was harmless because substantial evidence supported a finding that Todd’s limitations would not be disabling if he stopped using alcohol. The Eighth Circuit affirmed. View "Bernard v. Colvin" on Justia Law