James COOPER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

815 F.2d 557, 17 Soc. Serv. Rev. 312
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 21, 1987
Docket85-6159
StatusPublished
Cited by264 cases

This text of 815 F.2d 557 (James COOPER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James COOPER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 815 F.2d 557, 17 Soc. Serv. Rev. 312 (9th Cir. 1987).

Opinions

FARRIS, Circuit Judge:

INTRODUCTION

James Cooper seeks disability benefits under Title XVI of the Social Security Act because of chronic alcoholism. An administrative law judge for the Department of Health and Human Services denied benefits. The AU found that Cooper’s condi[559]*559tion did not prevent him from undertaking gainful activity. The Appeals Council declined to rehear Cooper’s claim, so the AU’s decision became the final decision of the Secretary of Health and Human Services. Under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), Cooper appealed to the district court, which granted summary judgment to the Secretary. This appeal followed.

BACKGROUND

At the time of his hearing in 1984, Cooper was 49 years old with an eighth grade education. He has not worked since a back injury in 1974. He last worked as a machine assembler. In January 1984, a psychiatrist diagnosed Cooper as an alcoholic. At that time, Cooper reported that he drank from a pint to a quart of whiskey every day and had suffered blackouts. He drank even after taking Antabuse, a drug designed to curb drinking by inducing nausea when mixed with alcohol. The examining psychiatrist concluded that Cooper’s alcoholism was “moderately severe.” He noted that Cooper was able to help with domestic chores, was “competent to understand simple instructions and appear[ed] to get along reasonably well with potential co-workers.” He recommended that Cooper not be given control of his own money because he would spend it on alcohol. In February 1984, another doctor’s report diagnosed Cooper as suffering from “chronic alcoholism.”

In February 1984, a medical examiner for the state social security agency reviewed Cooper’s medical records and concluded that they did not indicate significant restrictions on Cooper’s daily activities. The examiner restricted Cooper to light lifting and limited bending and reaching with the left arm.

In May 1984, at a hearing before an AU on his claim, Cooper testified that his alcoholism kept him from working, that he drank all he could get despite getting nauseous from Antabuse, and that he had been drinking for two and a half years. His wife gave similar testimony. The AU made several findings on Cooper’s alcoholism. He noted that “the claimant did not appear to be under the influence of alcohol” even though he had testified to drinking a pint of whiskey before the hearing. He also found that the medical record “fails to establish that the claimant has suffered any serious end organ damage as a result of his alcohol ingestion.” Cooper’s alcoholism did not constitute a “non-exer-tional limitation,” because he did not prove that he was “so caught up in a pattern of alcohol abuse that he is either unable to stop drinking, or has demonstrated an inability to engage in substantial gainful activity.” The AU concluded that Cooper could not perform his past work as a machine assembler, but that he had the residual, functional capacity to perform a full range of light work. Cooper was therefore not disabled.

In June 1984, shortly after the hearing, a vocational rehabilitation counselor reviewed Cooper’s medical records and concluded that his drinking was “an impairment to occupational functions.” While Cooper could assist with household tasks, the counselor’s report stated, such undemanding duties “are of no use to an employer or operator of a business.” This report indicated that treatment to control Cooper’s alcoholism would make him fit for employment.

The counselor’s report, along with the rest of the record, was submitted to the Appeals Council. The Council found no reason to rehear the case.

STANDARD OF REVIEW

We review the district court’s grant of ■ summary judgment de novo. Barring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). We must determine whether the court applied the law correctly and whether substantial evidence supports the findings of the AU. Young v. Heckler, 803 F.2d 963, 966 (9th Cir.1986).

DISCUSSION

1. Application of the Medical-Vocational Guidelines

We first consider Cooper’s argument that the AU erred in applying the [560]*560Secretary’s Medical-Vocational Guidelines known as the “grid.” The grid helps the Secretary determine whether jobs appropriate to various levels of functioning exist in the national economy. See 20 C.F.R. Pt. 404, Subpt. P, App. 2 (1985). The grid is applicable to both exertional and nonexer-tional claims. Razey v. Heckler, 785 F.2d 1426, 1430, amended, 794 F.2d 1348 (9th Cir.1986); Odie v. Heckler, 707 F.2d 439, 440 (9th Cir.1983). Cooper is incorrect in arguing that the AU used the grid to determine whether he was impaired. The AU only turned to the grid after considering, and rejecting, Cooper’s claim that alcoholism was a nonexertional limitation on his activity. This was a proper use of the grid. See Razey v. Heckler, 785 F.2d at 1430.

2. Chronic Alcoholism as an Impairment

Of greater concern is the AU’s determination that Cooper’s alcoholism was not a non-exertional limitation. Alcoholism by itself may constitute such a limitation if it prevents a claimant from engaging in substantial gainful activity. Johnson v. Harris, 625 F.2d 311 (9th Cir.1980); Griffis v. Weinberger, 509 F.2d 837 (9th Cir.1975). Physiological damage from alcohol consumption — end organ damage, blackouts, hallucinations or other psychotic effects— is relatively easy to observe and document. Such damage was once required to prove a disability based on alcoholism. See, e.g., Osborne v. Cohen, 409 F.2d 37, 39 (6th Cir.1969) (relying on 20 C.F.R. § 404.-1519(c)(2)(iii), since repealed); Hays v. Finch, 306 F.Supp. 115 (W.D.Pa.1969) (same).

More recently, however, the uncontrollable addiction to alcohol — so uncontrollable as to impair the alcoholic’s gainful activity — has been held to be disabling, even with no evidence of physiological damage. McShea v. Schweiker, 700 F.2d 117, 119 (3d Cir.1983); Ferguson v. Schweiker, 641 F.2d 243, 249 (5th Cir.1981); Johnson v. Harris, 625 F.2d at 313 (“The Secretary contends ... that the inability to stop drinking is an element of disability due to alcoholism____”); Hicks v.

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815 F.2d 557, 17 Soc. Serv. Rev. 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-cooper-plaintiff-appellant-v-otis-r-bowen-secretary-of-health-ca9-1987.