Administrative : Social Security Disability – Denial Of Benefits – Residual Functional Capacity

Where a claimant who suffered a serious knee injury while deployed in Iraq sought Social Security disability benefits based on knee and back pain, posttraumatic stress disorder and facial twitching, the denial is affirmed because adequate medical evidence including a treating doctor’s letter and VA treatment records supported the administrative law judge’s determination of residual functional capacity, and the ALJ reasonably found that the claimant’s repeated failure to attend a prescribed course of treatment was evidence that his mental impairment was less disabling than he claimed.

PTSD

Dissenting opinion by Kelly, J.: “In my view, the ALJ did not adequately identify and take into account the limitations imposed by the severe PTSD Hensley has suffered from since returning from deployment in Iraq, where he experienced mortar attacks. I would therefore remand this case to the district court with instructions to remand the case to the Social Security Administration for further consideration of the evidence concerning Hensley’s PTSD.”

Judgment is affirmed

Hensley v. Colvin (MLW No. 69429/Case No. 15-2829 – 16 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J. (Timothy M. White, Tulsa, Oklahoma, argued for appellant) (Una McGeehan, Dallas, argued for appellee).

Read the full text of this opinion. (PDF)