Gregory Welsh v. Commissioner Social Security
662 F. App'x 105
| 3rd Cir. | 2016Background
- Gregory Welsh applied for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) in Nov. 2012, alleging disability onset of June 30, 2008; insured status for DIB expired Sept. 30, 2008.
- ALJ found Welsh became disabled on Dec. 12, 2012, and thus denied DIB and remanded SSI for post-Dec. 12, 2012 non-disability eligibility issues.
- Medical record showed intermittent treatment, minimal objective findings before Dec. 2012, and significant treatment beginning only in Sept.–Nov. 2012; records noted active daily activities and some construction work through 2011.
- Welsh received a $70,000 Amtrak settlement in 2002 and had earnings and activity inconsistent with total disability before Dec. 12, 2012.
- Appeals Council denied review; District Court affirmed Commissioner; Welsh appealed to the Third Circuit, which affirmed the District Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ violated SSR 83-20 by ignoring required evidence when fixing onset date | ALJ ignored most medical evidence and required SSR 83-20 considerations, so onset should be earlier | ALJ reviewed work history and full medical record and reasonably found inconsistency with 2008 onset | No SSR 83-20 violation; ALJ considered relevant evidence and permissibly set onset at Dec. 12, 2012 |
| Whether ALJ erred by not consulting a medical advisor to infer onset | A medical advisor was required because onset needed to be inferred from the record | Medical evidence was not ambiguous; treating physician’s opinion and record supported the ALJ’s onset selection | No error; medical advisor unnecessary where evidence and treating opinion supported ALJ’s decision |
| Whether onset-date finding is supported by substantial evidence | Earlier symptom records (e.g., 1999 pain) show disability before Sept. 30, 2008 | Symptom onset ≠ disability; sparse pre-2012 treatment and documented activities support later onset | Substantial evidence supports Dec. 12, 2012 onset; claimant failed to show disabling limitations prior to insured date |
| Whether ALJ improperly accepted vocational expert (VE) testimony without probing VE’s methodology | ALJ should have questioned VE’s basis and methodology for job numbers and relied on more foundation | VE testimony is admissible; claimant had opportunity to challenge methodology but failed to do so; no controlling rule requires extra inquiry | No reversible error; ALJ permissibly relied on VE testimony and Welsh forfeited any due-process challenge by not raising it earlier |
Key Cases Cited
- Plummer v. Apfel, 186 F.3d 422 (3d Cir.) (five-step disability analysis and substantial-evidence standard)
- Fargnoli v. Massanari, 247 F.3d 34 (3d Cir. 2001) (onset and disability evidence principles)
- Walton v. Halter, 243 F.3d 703 (3d Cir. 2001) (medical-advisor required where treatment records were missing and onset ambiguous)
- Newell v. Comm’r of Soc. Sec., 347 F.3d 541 (3d Cir. 2003) (ambiguity in onset where claimant lacked treatment because of indigence)
- Donahue v. Barnhart, 279 F.3d 441 (7th Cir. 2002) (requiring ALJ inquiry into VE reliability when basis is challenged)
- Bayliss v. Barnhart, 427 F.3d 1211 (9th Cir. 2005) (recognizing VE expertise often provides sufficient foundation for testimony)