Legal Opinion · Concurrence

Samuel A. FERGUSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided January 17, 1985No. 84-4495Published

1Concurrence

GEE, Circuit Judge,

specially concurring:

Although I do not dissent from the panel’s disposition, I believe that in cases in which a social security claimant who has suffered no end-organ damage is disabled by alcoholism that appears to be uncontrollable it is preferable to condition an award of disability benefits upon the claimant’s undergoing treatment for his alcoholism, if such treatment is reasonably available. See Adams v. Weinberger, 548 F.2d 239, *506245-46 (8th Cir.1977); Sharpe v. Califano, 438 F.Supp. 1282, 1286 (E.D.Va.1977).1

This practice comports with the reasoning underlying 20…

2Cases cited4 opinions

  1. Bruce B. Adams v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1977
  2. Orville J. Griffis, Jr. v. Caspar W. Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975
  3. William McShea v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1983
  4. Sharpe v. CalifanoDistrict Court, E.D. Virginia · 1977

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