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FEDERAL REMAND: ALJ Failed to Provide Notice of New Medical Evidence to Plaintiff's Representative (Federal Case 1, p. 1)

Disabilities: Arthritis, Diabetes, and Hypertension

Report & Recommendation on Plaintiff's Motion for Summary Judgement 
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida

Report & Recommendation

THIS CAUSE comes before this Court upon an Order of Reference for a Report and Recommendation on the instant case. Having reviewed the Motion, the Response, and the administrative record, and having held a hearing thereon on January 13, 2009, this Court recommends as follows:

Background

1. The Plaintiff applied for Title II disability insurance benefits and Title XVI supplemental security income under the Social Security Act in March 2006. The Plaintiff claimed disability due to arthritis and diabetes. His applications were denied initially and after reconsideration, and in October 2007, following a hearing, an Administrative Law Judge ("ALJ") rendered a decision finding the Plaintiff not disabled under the terms of the Social Security Act. The Appeals Council denied his Request for Review on January 25, 2008, thereby leaving the ALJ's decision final and subject to judicial review.

2. At the time of the hearing, held May 2007, the Plaintiff was 46 years old. He had a high school education. He had worked as a cook and then as a forklift operator. He testified that he quit the forklift job because then newly prescribed medication was causing him to feel drowsy and because his knees and wrists had begun to hurt. Thereafter he worked a couple of years as an assistant manager at an auto parts store, but he quit in July 2004 because of severe pain and swelling in his ankles, knees, and right wrist. The pain impaired his ability to write or type. He applied for two fast food cashier jobs but was not hired because of his medical condition. He also attempted a helper type job at a garage but quit after a week because his ankles swelled after prolonged standing and his knees and wrists would hurt. He alleges an onset date of September 15, 2004 around the time of his unsuccessful work attempts.

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