Ferguson v. Barnhart

67 F. App'x 360
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 29, 2003
DocketNo. 02-3514
StatusPublished
Cited by6 cases

This text of 67 F. App'x 360 (Ferguson v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Barnhart, 67 F. App'x 360 (7th Cir. 2003).

Opinion

ORDER

Timothy Ferguson filed a pro se application for Supplemental Security Income benefits pursuant to §§ 1602 and 1614(a)(3)(A) of the Social Security Act (the “Act”), 42 U.S.C. §§ 1382 and 1382c, claiming that a combination of ailments rendered him unable to work as of January of 1991. The Social Security Administration (“SSA”) denied his application, and Ferguson sought judicial review, arguing that his waiver of counsel before the administrative law judge (“ALJ”) was invalid and that the ALJ’s decision to deny benefits was not supported by substantial evidence. The district court affirmed the SSA’s determination that Ferguson was not entitled to disability benefits. We reverse the judgment of the district court and remand Ferguson’s claim for further proceedings consistent with this opinion.

I. Background

A Procedural history

Ferguson filed his application for Social Security benefits on February 13, 1997, alleging a disability onset date of January 1, 1981. He contended that his disability arose from a number of ailments including diabetes, hypertension, gout, back pain, headaches, as well as hearing and vision impairments. After his claim was initially denied by the Commissioner, Ferguson was granted a hearing before an ALJ and represented himself at the August 19, 1998 hearing.

After the August hearing, the ALJ denied Ferguson’s application for benefits, and Ferguson filed a petition before the Appeals Council. The Appeals Council subsequently remanded the case, finding [362]*362that the ALJ had obtained additional medical records after the administrative hearing and that the ALJ had not fully advised Ferguson of his right to a supplemental hearing to address the new records. The Appeals Council also noted that, upon remand, the ALJ needed to more adequately assess Ferguson’s mental impairments and, in particular, address evidence that Ferguson was diagnosed as borderline intellectual functioning.

The ALJ conducted a subsequent hearing on May 17, 2000, and Ferguson again appeared pro se. After the hearing, on June 2, 2000, the ALJ entered another order denying benefits. The Appeals Council subsequently denied review, rendering the AL J’s order the final decision of the Administration for purposes of judicial review. Ferguson filed the instant action challenging the denial of his benefits, and the district court affirmed the decision of the Secretary, finding that Ferguson was not disabled under the meaning of the Act.

B. August 19, 1998 hearing

i. Ferguson’s “waiver” of counsel

Ferguson, who was 48 years old at the time of the August 19, 1998 hearing, appeared at the hearing without an attorney. The ALJ informed him that he was “entitled to a reasonable opportunity to make ... arrangements” to be represented by an attorney and asked him if he wanted a continuance to “see if you can get legal aid or some attorney to represent you.” (R. at 199-200.1) Ferguson replied that he “d[id]n’t have no [sic] money to do anything,” at which time the ALJ remarked that “there are legal aid groups that will at times represent individuals ... [a]nd if legal would agree to represent you there would be no cost to you.” (Id. at 200.) Ferguson then told the ALJ, “Well, if you can give me some — whoever because I don’t, I don’t live here.” (Id.) Thereafter, the following exchange occurred:

ALJ: “All right. Well, we would give you a list....”
Ferguson: “Okay.”
ALJ: “... and then it would be up to you to call them ...”
Ferguson: “Um-hum.”
ALJ: “... and see if they would agree to represent you.”
Ferguson: “Okay. Okay, well, what are you telling me? That I’m not capable of getting it?”
ALJ: “No, not at all. It’s up to you. You can ... you would have to call them.”
Ferguson: ‘Well, I mean, I don’t understand. You know.”
ALJ: “All right. Let me go and try to
Ferguson: “Okay.”
ALJ: “... go over it again. The hearing is designed so the person doesn’t have to have a representative.”
Ferguson: “Okay.”
ALJ: “On the other hand some individuals feel that their interests are better served if the[y] are represented.”
Ferguson: “Um-hum.”
ALJ: ‘We would want to make sure you had a reasonable time to make those arrangements if that is what you wanted to do.”
Ferguson: “Um-hum.”
ALJ: “And that is why we had mailed, along with our acknowledgment letter, the telephone numbers and addresses of attorney referral groups and legal aid groups.”
Ferguson: “All right. I don’t -”
[363]*363ALJ: “So if you came to the hearing unaware of that and if you would like a continuance-”
Ferguson: “Um-hum.”
ALJ: “... to call legal aid and these attorney referral groups to see if they’d represent you, I would grant you such a continuance.”
Ferguson: “I figured I don’t ... shouldn’t have to have that because I don’t have, you know, I’m here.”
ALJ: “All right, sir. If you’d like to waive that we can go ahead with the hearing at this time.”
Ferguson: “Okay.”
(R. at 200-01.)

Ferguson having “waived” the opportunity to obtain counsel, the ALJ thereafter continued with the hearing, and Ferguson represented himself pro se.

ii Evidence of disability

After the oath was administered, Ferguson testified that he had not been gainfully employed since January 1981 (his alleged disability onset date). He claimed to suffer from gout, recurring headaches, and also to have problems seeing, breathing, walking, sitting and standing. At the time, he believed he could only walk a block or so, stand for a half an hour to an hour, and that he could only lift 20 to 25 lbs. Ferguson claimed to weigh around 155 lbs., and noted that he used to weigh 172 (5 to 10 years prior).

Ferguson stated that, for financial reasons, he did not (at least at the time) have a treating physician; instead, whenever he had a health problem, Ferguson went to a hospital emergency room. He claimed that he had been to Silver Cross Hospital around a month prior to “have fluid drained on my — off my knees. And it’s, it’s bothering me. Been bothering me for a while. I can’t stand up too long. I can’t sit too long because it locks. I been taking pills for it.” (Id. at 204.)

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67 F. App'x 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-barnhart-ca7-2003.