reasonably frequent arrhythmia may be missed without the benefit of a Holter monitor. Conclusion Tenacity and persistence are as necessary in heart cases as with any other Social Security disability claim. Intentional or not. the harsh reality is that the protracted administrative process is ultimately a war of attrition. The ability and means to pursue judicial appeals when necessary should be a prerequisite to taking the Social Security disability cases of the cardiovascularly disabled. You will be asked about disability due to cardiovascular problems. It's just a matter of when. The question may come tomorrow from a client. during your next curbstone consultation with a neighbor or even from
a member of your family. Your ability to evaluate, document and prove cardiovascular disability depends on your knowledge, skill and persistence. Whether or not the truly deserving applicant gets Social Security disability benefits may depend on you. 0
'20 C.F.H., §404. t509 '20 C.F.R., §404.3tS 7Id.
"Ba,tletl v. Heckte" 777 F.2d 13t8, 1320 (8th Ci,. 1985) 9]'ackson v. 5<:hweiker. 696 F.2d 630. 632 (8th
Ci,. 19831 'GLanning v. Heckler. 777 F.2d 1316, 1318 (8th
Ci,. 1985) "20 C.F.R., §404, Subpl. P. Reg. No.4. Appendix 2 12Pettijohn v. Heckler. 759 F.2d 669 (8th Cir.
FOOTNOTES
1985)
'20 C.F.H., §404, Subpt. p, Reg. No.4.
lJPolaski v. Heckler. 751 F.2d 943 (8th Cir.
Appendix 1
1984) "20 C.F.R.. §404. Subpl. p, Reg. No.4. Appendix I. Listing 4.00 ff
'20 C.F.R., §404.IS26 '20 C.F.R., §404, Subpt. p, Reg. No.4,
G.A. Tomlinson P.E. 8425 So. 73rd East Ave.
EXPERT WITNESS
Tulsa, OK 74133 (918) 252-1905 Born
Editor's Note: H. Mayo Smith, of Little Rock, heads the Social Security Department at the Whetstone and Whetstone Law Firm. He holds a master's degree in Disability Determination from the University of Tennessee and has more than 15 years experience in the field.
Appendix 1. Listing 4.00 if 4Id.
2-12-24,
Amarillo.
TCX:b;
U.S. Navy, 1943·1946; Oklahoma
Sl:tlc University. 1946-1949. B.S. Mcch. Engineenng; Unit Rig &
Equipment Co.. Tulsa. 1949-19lS2; RC1>ponsiblc
for
:III
engineering
functions 1957·1975: FomlCd Company for Unit Rig In Bra7.11 1976: General Manager, Canadian Operations. 1977: In ch:lrgc of Unit Rig
GRADUATE MECHANICAL ENGINEER 32 years eKPOOence in design. lestlng. manufactUring. superVIsion and operation o! equipment. Also extenSive e~ecullve experience. Oualilled as an e~pert In many helds. inchJdlng: • FOfklltl & HOISls · Matenal Handling Eqpl • ConStruetlOO EqUipment · Trudcs ot all types · Heavy Vehi<;les • Airline Ground Handling Eqpl. · Electnc Vehldes • DitchIng Machines · Manufactunng Machinery 9 YEARS COURTROOM EXPERIENCE
Product Litigation 1977-1982.
July 1988/Arkansas Lawyer/167