Jackson v. Commisioner of Social Security, 1:16-cv-03956

Plaintiff Billy Ray Jackson filed for Disability Insurance Benefits (DIB) alleging onset January 29, 2003; his date last insured was September 30, 2008, so disability had to exist on or before that date.
Claim was denied initially and on reconsideration; ALJ hearings occurred in 2015; Appeals Council denied review, making the ALJ decision final.
ALJ found medically determinable lumbar and cervical radiculopathy but concluded those impairments were not severe during the relevant period (pre-9/30/2008) and ended the analysis at step two.
No medical records from 1/29/2003–9/30/2008 were produced; post-2008 records (2008–2012) showed largely normal findings until worsening pain around 2010 and surgery in 2015.
ALJ gave great weight to non-examining State agency reviewers, partial/little weight to other opinions, and discounted claimant credibility based on the record and lack of contemporaneous medical evidence.
Magistrate Judge affirmed, holding substantial evidence supported the ALJ’s decision and that plaintiff bore the burden to produce medical evidence for the relevant period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jackson was disabled on or before 9/30/2008	Jackson contends his impairments rendered him disabled during the insured period	SSA argues record lacks medical evidence showing disabling impairment on or before 9/30/2008	Held for SSA: no disabling impairment shown in relevant period; ALJ decision affirmed
Burden of proof and missing medical records	Jackson explains records lost (physician died) and submits later records/corrections	SSA and ALJ note claimant bears burden to provide medical evidence for relevant period; later records insufficient	Held for SSA: claimant failed to meet burden; absence of contemporaneous records supports ALJ finding
Weight accorded to medical opinions	Jackson challenges reliance on non-examining opinions and discounts of consultative examiner	SSA emphasizes State agency reviewers’ conclusions and limited probative value of later opinions	Held for SSA: ALJ permissibly credited State reviewers and reasonably weighed other opinions
Procedural/ancillary claims: missing audio, lack of counsel, relevance of other proceedings	Jackson asserts hearing recordings missing, lacked counsel, and submits other administrative/court records	SSA/ALJ state transcripts are in record, SSA not required to provide counsel, and unrelated proceedings are irrelevant	Held for SSA: no procedural unfairness shown; lack of counsel not prejudicial given evidentiary deficiency

Craig v. Chater, 76 F.3d 585 (4th Cir. 1996) (standard for judicial review: substantial evidence and proper legal standards)
Richardson v. Perales, 402 U.S. 389 (1971) (court confined to record and may not substitute its judgment for ALJ)
Hays v. Sullivan, 907 F.2d 1453 (4th Cir. 1990) (prohibition on reweighing evidence by reviewing court)
Pass v. Chater, 65 F.3d 1200 (4th Cir. 1995) (claimant bears burden of proof in first four steps of sequential evaluation)
Sims v. Harris, 631 F.2d 26 (4th Cir. 1980) (lack of counsel at SSA hearing not per se unfair; remand only if prejudice shown)