Bird v. Commissioner of Social Security Administration
699 F.3d 337
| 4th Cir. | 2012Background
- Bird, a Vietnam veteran, alleging PTSD, seeks SSA disability benefits before his March 31, 2005 DLI.
- He argues PTSD began January 1, 2001, and was disabling prior to the DLI.
- VA later awarded him 70% then 100% disability for PTSD, effective June 9, 2006.
- First medical records in June 2006; VA exams in 2006 and 2007; Cole Report in July 2007.
- SSA ALJ denied benefits in May 2009, concluding pre-DLI PTSD was not disabling and discounting VA evidence because of its post-DLI effective date.
- Court vacates and remands, holding error on retrospective consideration of post-DLI medical evidence and weight given to VA rating.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ failed to give retrospective consideration to post-DLI medical evidence. | Bird. | Bird’s claim relies on other evidence; DA notes not properly linked. | ALJ erred; retrospective consideration required. |
| Whether the ALJ improperly discounted the VA rating due to its post-DLI effective date. | Bird asserts VA rating is highly relevant pre-DLI. | ALJ correctly treated VA rating as not binding due to timing. | ALJ erred in discounting VA rating; weight must be considered. |
| Whether the ALJ should have consulted a medical advisor to resolve onset ambiguity. | SSR 83-20 requires medical advisor when onset is ambiguous. | No onset ambiguity resolved yet; medical advisor not needed. | Remand required to determine onset with medical advisor if ambiguous. |
| Whether the ALJ must consider evidence in light of Moore Johnson doctrine and linkage between pre- and post-DLI conditions. | Post-DLI evidence may reflect pre-DLI degeneration. | Evidentiary linkage not clearly established. | Remand to apply Moore/Johnson framework; proper evidentiary weighing on remand. |
Key Cases Cited
- Moore v. Finch, 418 F.2d 1224 (4th Cir. 1969) (retrospective consideration of post-DLI evidence when it may reflect earlier degeneration)
- Johnson v. Barnhart, 434 F.3d 650 (4th Cir. 2005) (post-DLI evidence not linked to pre-DLI conditions may be irrelevant)
- Wooldridge v. Bowen, 816 F.2d 157 (4th Cir. 1987) (post-insured evidence may be relevant for linkage to pre-DLI disability)
- DeLoatche v. Heckler, 715 F.2d 148 (4th Cir. 1983) (VA disability determinations merit consideration in SSA proceedings)
- Bailey v. Chater, 68 F.3d 75 (4th Cir. 1995) (medical advisor required when onset is ambiguous)
- Ble a v. Barnhart, 466 F.3d 903 (10th Cir. 2006) (cautions on inferring onset from an ambiguous record; may require medical advisor)