JEAN M. RAMBO, PLAINTIFF-APPELLANT,
v.
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE
JEAN M. RAMBO, PLAINTIFF-APPELLANT,
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE
728 F.2d 1583
Court of Appeals for the Eleventh Circuit (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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 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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Citator
Cited By
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Guyton L. Graham v. Bowen, 790 F.2d 1572 (11th Cir. 1986)…its basic work activities or where the claimant cannot perform a full range of work at a given residual functional level,” citing Francis v. Heckler, 749 F. 2d 1562 (11th Cir.1985); Murray v. Heckler, 737 F. 2d 934 (11th Cir.1984); Rambo v. Heckler, 728 F. 2d 1583 (11th Cir.1984). The magistrate then proceeded to weigh the evidence given by Drs. Conner and Sayeed as against that given by Dr. Patel. The magistrate then stated: The opinions of Dr. Conner and Dr. Sayeed, his treating physicians, are to be give…
Authorities Cited
- Haynes v. Heckler, 716 F.2d 483 (8th Cir. 1983)