Ferguson v. Commissioner of Social Security
628 F.3d 269
| 6th Cir. | 2010Background
- Ferguson, born 1952, has mental impairments including schizophrenia and panic disorder, with degenerative spine and back pain; she filed for disability benefits and SSI on August 13, 2001.
- An ALJ denied the claims in 2005, finding mental impairments severe but not disabling and that Ferguson could perform past relevant work.
- Appeals Council vacated and remanded for credibility, pain, and work-ability evaluation; on remand, a new ALJ again denied benefits in 2006.
- The district court affirmed the ALJ’s decision in 2009, rejecting Ferguson’s arguments that the ALJ violated SSR 96-5p and that new evidence warranted remand.
- Ferguson argues SSR 96-5p required recontact of a treating physician (Dr. Erulkar) and that the new Dr. Loeffler letters (2007) merited sentence-six remand; the court addresses both claims.
- The court ultimately affirms the district court, holding no SSR 96-5p violation and no remand for new evidence was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| SSR 96-5p recontact duty triggered? | Ferguson argues ALJ failed to recontact Dr. Erulkar for clarification. | Ferguson’s claim that bases were unclear; ALJ properly assessed record. | No recontact required; bases were clear and supported by objective evidence; no SSR 96-5p error. |
| Remand for new evidence under § 405(g) sentence six? | Loeffler letters constitute new, material evidence requiring remand. | Letters were not material and good cause not shown; not probative of the time period. | No remand; evidence not material and good cause not shown. |
Key Cases Cited
- Foster v. Halter, 279 F.3d 348 (6th Cir. 2001) (burden on claimant; ALJ may determine need for more evidence)
- Jones v. Comm'r of Soc. Sec., 336 F.3d 469 (6th Cir. 2003) (subsequent deterioration evidence often immaterial to time of decision)
- Hollon v. Comm'r of Soc. Sec., 447 F.3d 477 (6th Cir. 2006) (good cause and materiality standards for remand explained)
- Warner v. Comm'r of Soc. Sec., 375 F.3d 387 (6th Cir. 2004) (treating physician’s opinion related to disability limited by evidence)