Allord v. Astrue
631 F.3d 411
| 7th Cir. | 2011Background
- Allord, a former USMC officer, claims PTSD prevented work as of his date last insured (Dec 31, 1992).
- His 1996 disability application circulated through multiple ALJs and courts over years.
- ALJ Pleuss found him not disabled as of date last insured but relied on vocational evidence that he could perform other work.
- District court remanded, finding errors in credibility assessment and in discounting Matsakis’s opinion; but did not award benefits.
- This appeal asks whether the record compels disability as of the insured date, warranting benefits instead of remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Allord disabled as of his date last insured? | Allord argues Matsakis’s opinion supports disability as of 1992. | Agency adequately discounted Matsakis and relied on other substantial evidence. | Record does not compel disability as of 1992. |
| Did the district court abuse its discretion in remanding for further proceedings rather than awarding benefits? | District court erred by delaying benefits and not awarding when appropriate. | Remand appropriate to resolve lingering factual issues. | District court did not abuse discretion; remand affirmed. |
| Should Matsakis’s treating-physician status control the analysis? | Treating physician’s opinion should be controlling if well-supported. | ALJ properly weighed conflicting evidence and did not err in discounting Matsakis. | No controlling-weight error affirmed; district court’s reasoning upheld. |
| Is obduracy or futility a basis to award benefits on remand? | Agency’s delays justify an award. | Delays do not override statutory standard requiring full evidence of disability. | Neither obduracy nor futility supports an award; remand appropriate. |
Key Cases Cited
- Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345 (7th Cir.2005) (remand with or without benefits depending on record; abuse of discretion standard)
- Wilder v. Apfel, 153 F.3d 799 (7th Cir.1998) (obduracy not a grounds for benefits; must show disability record supports it)
- Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345 (7th Cir.2005) (proper standard for remand and benefit awards)
- Jones v. Astrue, 623 F.3d 1155 (7th Cir.2010) (review standards when ALJ decision is final)
- Nelson v. Apfel, 210 F.3d 799 (7th Cir.2000) (abuse of discretion standard on remand-to-benefits decision)
- Forney v. Apfel, 524 U.S. 266 (Supreme Court 1998) (supreme court treatment of judicial review in SSA cases)
- Campbell v. Shalala, 988 F.2d 741 (7th Cir.1993) (remand and award standards in SSA review)