Evidence

A 24 year old claimant with high school education and no relevant past work history alleged disability based on intellectual disability.  Initially and on appeal after the hearing, the SSA denied her application when the ALJ held that she could perform jobs as a poultry hanger, a machine…

Remand was appropriate where the ALJ’s failed to consider an opinion from the claimant’s treating psychologist based on the incorrect inference that the psychologist’s opinion was only “countersigned” by the claimant’s treating physician.  The court rejected…

In a January 30, 2013, letter to the Inspector General, Senator Tom Coburn, M.D., Ranking Member of the Committee on Homeland Security and Governmental Affairs, requested that the OIG review SSA’s policy that disallowed the purchase of SVTs for disability determinations.  SVTs are used to…

Fourth Circuit District Court granted the appellant's motion for summary judgment, remanding the case to SSA for an award of SSDI benefits. The court held that substantial evidence did not support the ALJ's determination that the claimant retained RFC for sedentary work and that the ALJ committed a…

The U.S. District Court for the Eastern District of New York denied an unopposed Commissioner's motion for summary judgment and remanded the case for further consideration.  The court held that substantial evidence did not support the denial of a claimant's SSDI benefits where the ALJ failed to…

Treating Physician Rule. Evaluating Migraines An SSI applicant with a history of severe migraines, anxiety, and depression had two ALJ hearings followed by two petitions to the Appeals Council, two appeals to the district court and a final appeal to the Appeals Court for the Third Curcuit. The…

On October 29, 2007, the SSA issued a notice of proposed rulemaking (NPRM) that stated "Our program experience has convinced us that the late submission of evidence to the [Administrative Law Judge] significantly impedes our ability to issue hearing decisions in a timely manner." The NPRM…

Published at 72 Fed. Reg. 20935 (4/27/07) Effective date: May 29, 2007. The proposed regulations were published on 9/13/06 at 71 Fed. Reg. 53994. Few changes have been made in the final regulations. One important change is SSA's decision that it will not not consider state courts as courts of…

Pdf is attached.This ruling, which seems to be largely positive, has 2 parts. Part 1 expands upon 20 CFR 404.1513, 416.913(Medical and other evidence of your impairments) and 20 CFR 404.1527, 416.927 (Evaluating Opinion Evidence) Basically, the SSR emphasizes that, while an impairment must be…

CFD; chronic fatigue syndrome

First Circuit decision about the evidence considered by federal court in appeals of SSI and SSDI cases, the standard of review for Appeals Council decisions, issue preclusion, and the consequences of failing to submit evidence and raise issues at the ALJ hearing.