Clinton Hiler v. Michael Astrue
687 F.3d 1208
| 9th Cir. | 2012Background
- Hiler filed a disability claim alleging lumbar spine impairment, right knee impairment, and severe back pain beginning October 21, 1993.
- The ALJ found disability from September 26, 1997 through December 3, 1998, but determined medical improvement ended disability on December 4, 1998.
- Surgical and post-surgical progress suggested possible return to sedentary work by late 1998 and rehabilitation potential thereafter.
- The ALJ’s residual functional capacity from December 4, 1998 allowed lifting up to 20 pounds, sitting six hours, and standing six hours in an eight-hour day, leading to several thus-available jobs.
- The ALJ tied the improvement to a contemporaneous VA rating decision (2001) that proposed reductions and termination of benefits, but the 2001 decision was not final.
- The district court affirmed and the Ninth Circuit reversed and remanded because the ALJ relied on the 2001 VA decision while ignoring the final VA decisions from 1998 and 2002.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly relied on the 2001 VA decision. | Hiler asserts the 2001 decision alone is improper. | Astrue contends the 2001 decision supports medical improvement. | Remand required; ALJ cannot rely solely on the 2001 decision. |
| Whether the ALJ adequately considered treating physician Dr. Regan’s opinion. | Dr. Regan's opinion should be weighed or discussed. | Only significant or probative evidence requires discussion. | Ground for remand left undecided; addressed on remand. |
Key Cases Cited
- McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002) (standard for reviewing VA ratings and consistency with McCartey)
- Lester v. Chater, 81 F.3d 821 (9th Cir. 1995) (treating physician weight and reasons standard)
- Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685 (9th Cir. 2009) (special considerations when evaluating medical opinion evidence)