Disability Law Blog

Vester v. Barnhart, No. 04-2140, __F.3d__ (8th Cir. July 27, 2005)

The Eighth Circuit, in an opinion by Circuit Judge Steven M. Colloton, affirms a denial of an SSI only claim based on depression, bipolar disorder, personality disorder and chronic alcohol abuse. The claim was originally filed in September 1992 and had been to the district court three times (remanded twice, then affirmed the third time around). The only issue presented for review was whether Vester's drug and alcohol abuse was a contributing factor material to Vester's disability. The Court raised doubts that this issue is a medical question, requiring medical evidence to resolve; however, assuming that medical evidence is needed to resolve it, a consultative psychiatrist's opinion that Vester "[m]ay improve with more time sober and taking mood stabilizing medication" was adequate to support the ALJ's conclusion.

Circuit Judge Heaney, in a cogent dissent, disagreed with the majority that "an ALJ is free to speculate regarding the complex interaction of mental illness and substance abuse." He wrote:

"If an assessment of disability based on mental illness requires some supporting evidence from a medical professional, it defies logic to conclude that the even more difficult task of determining a claimant’s hypothetical abilities in the absence of alcohol or substance abuse should be left to the ALJ. . . . The majority suggests that the ALJ’s conclusion is sufficiently supported by Dr. Reid’s 1997 evaluation of Vester. This report, however, fails entirely to distinguish between permanent impairments or deficits caused by Vester’s long-term alcohol abuse, and conditions that would in fact improve with continued sobriety. . . . Instead of focusing on the medical evidence in the record, the ALJ relied on evidence of Vester's community service assignments to conclude that she was able to work when not using alcohol. Vester's successful completion of her short-term community service assignment, while she was receiving substantial support and attention from her caseworker, does not constitute substantial evidence that Vester is not disabled.

Oral argument is available on the circuit's website but I've found no way to link directly to it.

Blocking Brain Receptor May Aid in Alcoholism

From Reuters:   Researchers at the University of North Carolina at Chapel Hill report in a new study that an experimental compound called L-152,804 blocks a brain receptor for a chemical called neuropeptide Y (NPY), keeping alcohol-preferring mice from drinking for a substantially longer time than normal. The compound appeared to lessen the reinforcing, or rewarding, effects of alcohol.

According to [Dr. Clyde W.] Hodge, these findings imply that a drug that blocks the Y5 receptor might help prevent relapse in alcoholism by curbing the motivation to drink. Much research remains, however, and Hodge said the next step is to test L-152,804 in animals using a "more stringent" model of relapse.

The researchers will also search for other drugs that, like L-152,804, can cross the blood-brain barrier to block the Y5 receptor -- which means they can be taken orally.

On a broader level, Hodge noted, the findings support the "intriguing" possibility that there is a common brain system underlying so-called disorders of consumption, be it alcoholism or obesity.

The findings are published in the December issue of the journal Alcoholism: Clinical & Experimental Research.