Corder v. Astrue
1:10-cv-07516
N.D. Ill.Aug 22, 2012Background
- Corder applied for SSI and DIB in 1993; DIB claim later abandoned and SSI pursued.
- ALJs denied his claims in prior decisions; district court remanded for further proceedings on impairments and RFC.
- Remand led to a new hearing before ALJ Asbille in 2010, with psychological and vocational expert testimony.
- ALJ Asbille found Corder not disabled, with a light work RFC and non-exertional limits; reliance on VE testimony at step five.
- Court remands for issues with VE reliability and DOT compatibility; awards of benefits not granted outright.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VE testimony on hand packer jobs is reliable | Corder argues VE relied on unreliable numbers. | Asbille relied on VE testimony as basis for jobs; numbers supported by publication. | Remand required for VE reliability and data source. |
| Conflict between VE testimony and DOT for hand packer/rolled packer | VE testimony conflicted with DOT codes and reasoning levels. | ALJ did not adequately resolve DOT-VE conflict. | Remand for resolution of DOT-VE conflicts. |
| Whether VE's food prep worker job conformed to DOT reading/interaction limits | Corder’s education/reading level not considered; DOT reading level requirement conflicts with his abilities. | VE found limited public contact; DOT reading requirement not adequately addressed. | Remand to address reliability and DOT-consistency concerns. |
| Whether the assembler job analysis properly accounted for Corder's education | Education/reading limits were not properly considered for assembler. | VE relied on other factors; reading/education not adequately addressed. | Remand to consider education/reading impact on job suitability. |
| Whether the Publication source used by the VE was appropriate and reliable | Publication’s private origin undermines reliability. | Publication cited as reliable data source per SSR 00-4p. | Remand to clarify publication source and its impact on reliability. |
Key Cases Cited
- Overman v. Astrue, 546 F.3d 456 (7th Cir. 2008) (reliability of VE testimony; need to resolve doubts)
- Britton v. Astrue, 521 F.3d 799 (7th Cir. 2008) (unreliable VE testimony invalidates findings)
- Prochaska v. Barnhart, 454 F.3d 731 (7th Cir. 2006) (ALJ must resolve VE/DOT data conflicts)
- Weatherbee v. Astrue, 649 F.3d 565 (7th Cir. 2011) (SSR 00-4p adherence; conflicts with DOT must be addressed)
- Overman v. Astrue, 546 F.3d 456 (7th Cir. 2008) (reliability of VE testimony; importance of data basis)
- Allord v. Astrue, 631 F.3d 411 (7th Cir. 2011) (remand when factual issues remain unresolved)