Eugene J. COPELAND, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

SUMMARY

Social Security

Appeal from denial of disability benefits. AFFIRMED.

Claimant Copeland appealed the Secretary’s decision that the onset date of his disability was September 9, 1985, rather than December 3, 1981.

Copeland worked as a machinist until December of 1981. In May 1982 he ruptured a biceps muscle and injured his back. In December 1982 he applied for benefits, alleging disability due to high blood pressure, arthritis, and bad discs in his back. His application was denied initially, and again on reconsideration. After a hearing on December 19,1983, the first Administrative Law Judge (AU) denied Copeland’s applications. The Appeals Council affirmed. Copeland filed suit. On a motion for summary judgment, the district court rejected Copeland’s arguments on several issues, and remanded the case to the Appeals Council for further evaluation of the extent of Copeland’s alcohol abuse, and the effects of that abuse on Copeland’s orthopedic impairments. The Appeals Council further remanded the case to a second AU for consideration of the alcohol issues, and for “such action as may be necessary to complete the administrative record.” Accordingly, the second AU considered…