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Administrative Law Keyed to Schwartz
Eads v. Secretary of Health and Human Services
Citation:
983 F.2d 815 (1993)Facts
Thomas Eads, Jr. applied for Social Security disability benefits, claiming he could not work due to poorly controlled diabetes aggravated by extreme obesity. Specifically, he claimed he needed to elevate his legs for several hours during every eight-hour period. The ALJ found no medical evidence in the record supporting this claim and did not find Eads’ testimony credible. After the ALJ’s denial, Eads submitted a letter from his doctor to the Appeals Council stating that Eads could not sit for more than half an hour at a time and needed to “be supine periodically in order to keep his legs elevated.” Despite this new evidence, the Appeals Council refused to review the ALJ’s decision. The district court refused to consider the doctor’s letter because it had not been before the ALJ.
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