David Rutherford v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

I regret that I am unable to concur in Judge Van Graafeiland’s characteristically well written majority opinion. In dealing with one of the most disabling illnesses of our society — chronic alcoholism, I think it is critical that proper legal standards be applied in evaluating the evidence before denying or cutting off Social Security benefits. In my view neither the Secretary nor the ALJ applied proper legal standards here. I therefore respectfully dissent from the majority’s affirmance of the judgment below.

Although the Secretary’s decision ordinarily will be upheld if supported by…