(Download) "Doughty V. Apfel" by Eleventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Doughty V. Apfel
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 28, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Charles Doughty appeals the district court's order affirming the Commissioner's denial of his petition for supplemental security income ("SSI") under 42 U.S.C. § 1383, and disability insurance benefits ("DIB") under 42 U.S.C. § 423(a). Doughty was denied benefits pursuant to the Contract with America Advancement Act of 1996 ("CAAA"), Pub. L. No. 104-121, § 105(a)(1), (b)(1), 110 Stat. 847, 852, 853 (codified as amended at 42 U.S.C. § 423(d)(2)(C) (1997)). *fn1 The CAAA amended the Social Security Act to preclude the award of benefits when alcoholism or drug addiction is determined to be a contributing factor material to the determination that a claimant is disabled. The CAAA did not directly address, however, whether the claimant or the Commissioner bears the burden of proving whether the claimant would be disabled if he stopped using drugs or alcohol. We hold, as a matter of first impression in this Circuit, that the claimant bears that burden. Because we find that Doughty did not meet that burden, we affirm.
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