Jean M. Rambo v. Margaret M. Heckler, Secretary of Health and Human Services

Eleventh Circuit

Jean M. Rambo v. Margaret M. Heckler, Secretary of Health and Human Services

728 F.2d 1583, 1984 U.S. App. LEXIS 23627, 4 Soc. Serv. Rev. 257

CourtCourt of Appeals for the Eleventh Circuit

DecidedApril 12, 1984

Docket83-3574

StatusPublished

Cited by2 cases

This text of 728 F.2d 1583 (Jean M. Rambo v. Margaret M. Heckler, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jean M. Rambo v. Margaret M. Heckler, Secretary of Health and Human Services, 728 F.2d 1583, 1984 U.S. App. LEXIS 23627, 4 Soc. Serv. Rev. 257 (11th Cir. 1984).

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Opinion

PER CURIAM:

A 44 year-old female secondary school teacher suffers from chronic diarrhea secondary to short bowel syndrome and associated with abdominal surgeries. The ALJ found that she has the residual functional capacity for non-supervisory light, work where bathroom facilities are readily available and applied the grids to reach a conclusion of no disability. The district court affirmed.

The government concedes that the ALJ erred in his finding on the severity of claim *1584 ant’s diarrhea and erred in applying the grids to a non-exertional impairment. See Haynes v. Heckler, 716 F.2d 483 (8th Cir. 1983) (colon discomfort and recurrent episodes of diarrhea is a non-exertional impairment). Because the grids do not apply when claimant suffers from a non-exertional impairment that affects her ability to perform a wide range of work at a designated level of RFC, the case must be remanded for further consideration.

VACATED and REMANDED with instructions to remand to the Secretary.

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PER CURIAM:

A 44 year-old female secondary school teacher suffers from chronic diarrhea secondary to short bowel syndrome and associated with abdominal surgeries. The ALJ found that she has the residual functional capacity for non-supervisory light, work where bathroom facilities are readily available and applied the grids to reach a conclusion of no disability. The district court affirmed.

The government concedes that the ALJ erred in his finding on the severity of claim *1584 ant’s diarrhea and erred in applying the grids to a non-exertional impairment. See Haynes v. Heckler, 716 F.2d 483 (8th Cir. 1983) (colon discomfort and recurrent episodes of diarrhea is a non-exertional impairment). Because the grids do not apply when claimant suffers from a non-exertional impairment that affects her ability to perform a wide range of work at a designated level of RFC, the case must be remanded for further consideration.

VACATED and REMANDED with instructions to remand to the Secretary.

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728 F.2d 1583, 1984 U.S. App. LEXIS 23627, 4 Soc. Serv. Rev. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-m-rambo-v-margaret-m-heckler-secretary-of-health-and-human-ca11-1984.

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