Freeman TROUT, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

735 F.2d 965, 1984 U.S. App. LEXIS 22318, 5 Soc. Serv. Rev. 308

• Court: Court of Appeals for the Sixth Circuit
• Decided: May 21, 1984
• Docket: 83-5686
• Status: Published

Opinions

PER CURIAM.

This social security disability claimant was found by the Administrative Law Judge to have an antisocial personality disorder, a history of depression “controlled,” status post surgery for rectal prolapse,¹ a history of ulcers and severe alcoholism. He apparently did not take into consideration appellant’s 70 IQ. The AU concluded that Trout’s combination of impairments is not sufficiently severe to prevent him from engaging in substantial gainful employment and the Appeals Council and the District Judge affirmed. We now reverse and remand for benefits.

Our examination of this record indicates to the panel majority that, excluding alcoholism from the combination of disabilities on which we rely for this judgment and including Trout’s 70 IQ, his combination of disabilities is such as to prevent him from being able to perform substantial gainful employment. We do not ignore the seriousness of Trout’s alcoholism and its impact on this record. We simply find it impossible to speculate as to whether his alcoholism is or is not subject to voluntary control by claimant since, in fact, the record supplies no guidance on this score. The combination of factual evidence found by the AU plus the undisputed fact that plaintiff has a 70 IQ renders him disabled from substantial gainful employment within the meaning of the Social Security Act. Allen v. Califano, 613 F.2d 139 (6th Cir.1980).

We remand for benefits.

1 . Rectal prolapse, our panel was informed, involved the surgical insertion of a mesh to prevent his lower bowel from being extended from his anus. It is undisputed that this device prevents his bending or stooping.