150 F. Supp. 3d 406
M.D. Pa.2015Background
- Joanne McKean filed for Social Security Disability Insurance (DIB) alleging disability onset May 25, 2010; ALJ denied benefits on May 22, 2012 and Appeals Council denied review. Plaintiff sued under 42 U.S.C. § 405(g).
- Administrative record includes medical opinions both before and after the alleged onset date; most treating-physician opinions predate May 25, 2010.
- At hearing plaintiff testified about back pain, limitations in walking/bending, concentration problems; ALJ found obesity a severe impairment and ultimately assessed a sedentary RFC.
- Plaintiff alleged ALJ bias based on an alleged off-the-record comment about obesity after the hearing and argued the ALJ failed to credit treating opinions, misapplied res judicata to pre-onset evidence, improperly assessed credibility, and failed to account for obesity in the RFC.
- Magistrate Judge recommended vacating the ALJ decision and remanding for further proceedings because the ALJ failed to explain rejection of medical opinions, made inadequate credibility findings, and relied on lay interpretation of medical evidence.
- The district court adopted the report, vacated the Commissioner’s decision, and remanded for a new hearing and full development of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ALJ bias | ALJ made an off-the-record derogatory remark about obesity showing bias | No timely or adequate showing of deep-seated favoritism or antagonism | Court rejected bias claim; single remark insufficient and record lacks evidence of recusal-worthy antagonism |
| Res judicata on pre-onset evidence | Prior-record medical opinions should be considered on new onset claim | Pre-onset opinions are subject to res judicata and thus not probative for later onset | Court rejected res judicata bar; prior-record evidence may be considered for later-onset claims in combination with new evidence |
| Weight given to medical opinions / RFC | ALJ ignored or failed to explain rejection of multiple treating opinions and relied on lay interpretation to find sedentary RFC | Many opinions predate onset and ALJ may discount pre-onset evidence | Court found ALJ failed to adequately explain discounting of pre-onset opinions and the RFC lacked supporting medical assessment; remand required |
| Credibility & obesity | ALJ improperly used plaintiff’s work attempts to discredit testimony and failed to account for obesity in RFC | ALJ found obesity severe but need only account for functional limitations; asserted pre-onset evidence undermines some opinions | Court held credibility analysis inadequate (unable to review under SSR 96-7p) and RFC did not reliably account for obesity/evidence; remand required |
Key Cases Cited
- Nara v. Frank, 488 F.3d 187 (3d Cir. 2007) (procedural rule on objections to magistrate reports and forfeiture of de novo review)
- Liteky v. United States, 510 U.S. 540 (1994) (standard for judicial bias requiring deep-seated favoritism or antagonism)
- Hillier v. Social Security Administration, 486 F.3d 359 (8th Cir. 2007) (prior-record evidence may be considered in subsequent claim alleging later onset)
- Chandler v. Comm'r of Soc. Sec., 667 F.3d 356 (3d Cir. 2012) (ALJ may reject medical conclusions but must explain reasons)
- Cotter v. Harris, 642 F.2d 700 (3d Cir. 1981) (ALJ must indicate reasons for rejecting probative evidence to permit meaningful review)
- Doak v. Heckler, 790 F.2d 26 (3d Cir. 1986) (RFC must be supported by medical evidence rather than ALJ speculation)
- Rutherford v. Barnhart, 399 F.3d 546 (3d Cir. 2005) (ALJ's failure to mention obesity harmless unless claimant relies on obesity to establish limitations)
- Diaz v. Comm'r of Soc. Sec., 577 F.3d 500 (3d Cir. 2009) (remand required where obesity was severe and ALJ failed to account for its effects)