An upstate New York judge has ruled that a man with physical and emotional impairments can be denied disability benefits because his condition allegedly resulted from alcohol and opioid dependence.
Judge Richard J. Arcara of the United States District Court of the Western District of New York said that the plaintiff, Charles L. Cutler, is not disabled under the Social Security Act because alcohol and substance use are a significant factor of his disability and that the plaintiff would no longer be disabled if he stopped his alleged substance use.
The decision reaffirms a 2008 ruling in which an administrative law judge said that Cutler’s substance abuse contributed to his disability and that ceasing his substance use would enable him to work. Cutler disputes that determination. He said he stopped using drugs in 2002 and alcohol in 2006.
Cutler first filed for benefits in 2006 after being laid off in 2005. He was experiencing back, leg and foot pain, muscle spasms and emotional issues affecting his memory and concentration, according to the lawsuit. He said he had difficulty performing a variety of physical tasks, including putting on his socks. He had previously worked as a trucking dock person, truck driver and car repairperson.
He filed the lawsuit, Cutler vs. Astrue, in 2009 after being denied Supplemental Security Income benefits by Michael J. Astrue, Commissioner of Social Security.
Cutler’s condition includes depression, panic attacks, agoraphobia and crying spells that make it difficult to leave his house, as well as a torn rotator cuff, heel bursitis and plantar fasciitis. He said his condition has limited his activity since 2005.
Karen Whitman, a licensed clinical social worker, told the court that substance use was not a contributing factor to Cutler’s disability but the court said she was not an accepted medical source.
Two doctors from a rehabilitation facility supported the judge’s finding that Cutler’s mental impairments were the result of substance use. One doctor said that Cutler’s symptoms might have been caused by drug or alcohol withdrawal in 2006.
A judge concluded in 2008 that, “The plaintiff was not disabled within the meaning of the [Social Security] Act and not entitled to disability benefits,” according to the lawsuit. “Finally, the ALJ [administrative law judge] found that if the plaintiff stopped abusing drugs and alcohol, he would not be disabled and would be able to perform a significant number of jobs in the national economy,” the decision reads.
The latest ruling denies Cutler’s attempt to overturn that decision, upholding the denial of his benefits.
According to a prior case, Frankhauser v. Barnhart, it is the plaintiff’s burden to prove that substance abuse is not a significant factor in a person’s disability when substance use is found in their record.
This article was published in the November 2011 issue of Able News.
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