Robert J. Dwyer and Catherine Dwyer - Page 9

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          requirement of "continued institutionalization" is outdated                 
          because "medical practice in the latter part of the 20th century            
          attempts NOT to institutionalize patients".  The fact that Robert           
          was never institutionalized does not, of course, mean that the              
          issue must automatically be decided in favor of the Government,             
          but we do not believe that Robert's psychiatric consultations               
          rise to a level that could properly be categorized as "constant             
          supervision".  Petitioners assert that more Americans are                   
          affected annually by clinical depression than by heart disease or           
          cancer.  We would simply respond by recognizing that many seek              
          professional help with the expectation (or hope) that their                 
          depression manifestations can be alleviated, just as persons                
          suffering from other illnesses, many of them quite serious, seek            
          and obtain periodic medical assistance to alleviate their                   
          conditions.  But periodic professional consultation (such as                
          petitioner's) alone does not, in our judgment, equate with the              
          constant supervision envisioned by the regulation.  And                     
          petitioners have not suggested that Robert suffered from                    
          psychosis or severe psychoneurosis such as would require his                
          continued, constant supervision.                                            
               Petitioners also assert that the remediability of                      
          petitioner's condition was uncertain in 1989, and that the fact             
          that the condition abated is a tribute to medical science, but              
          was by no means a certainty in 1989.  While this may or may not             

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