Published March, 2007
Gonzalez v. Barnhart, 491 F. Supp. 2d 329 (W.D.N.Y. 2007)
According to LJ Fisher of the Empire Justice Center, this “case is significant because it details the need to consider medication side effects in the context of HIV/AIDS disability cases, as required specifically under listing 14.08 N. The decision provides support for finding marked ADLs (activities of daily living), supported by the plaintiff’s testimony, as well as the treating doctor’s assessment. Additionally, there is a good analysis showing the plaintiff met listing 14.08 D 2, even where the ALJ had dismissed her recurrent HSV (herpes simplex virus) infection as non-severe. Importantly, the decision includes an explanation of the term rescue regimen (a.k.a. salvage regimen) and the ramifications of limited medication possibilities for persons with extensive medication resistance. There is also a definition of asymptomatic that should be instructive in that it clarifies that the term does not mean there is no disease progression during that phase of HIV infection."
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