Elizabeth J. HAMMOCK, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health & Human Services, Defendant-Appellee

Elizabeth Hammock appeals from the district court's grant of summary judgment for the Secretary of Health and Human Services (“the Secretary”) upholding a denial of Supplemental Social Security Income (“SSI”) benefits under 42 U.S.C. §§ 1381 , et seq. and a denial of disability benefits under 42 U.S.C. §§ 401 et seq. Hammock claims that the Secretary disregarded her treating physician’s opinion, failed to credit her pain testimony although it was supported by objective medical evidence, failed to consider her impairments in combination and failed to consider her obesity when determining disability. Hammock contends that she has met her burden of proof regarding her inability to return to prior relevant work.

The Secretary did not consider the combined effect of all of Hammock’s impairments on her ability to return to work and he failed to articulate any reasons for disregarding claimant’s pain testimony or the treating physician’s pain testimony. Therefore, we vacate the district court’s judgment and remand to the Secretary for a hearing on the issue of whether Hammock can perform other work.

FACTUAL BACKGROUND

Hammock submits evidence of disability due to degenerative spine…