Moore v. Astrue, 1:10-cv-07972

Moore seeks DIB under Title II after her insured status expired on Sept. 30, 2003.
ALJ found Moore capable of light work with postural and environmental limits; denied DIB.
Moore represented herself at the hearing; VE testified on past work and regional availability.
Record before Sept. 30, 2003 is sparse; there is limited pre-insured medical evidence.
ALJ discussed waiver of representation and deemed it valid, but Moore challenges the record development and credibility findings.
Appeals Council denied review; district court reviews for substantial evidence and legal errors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Moore's waiver of counsel	Moore claims waiver invalid for not detailing 25% fee cap	Waiver valid due to comprehensive notice and signed receipt	Waiver valid; sufficient written notice and acknowledgment
ALJ’s duty to develop the record pre-2003	ALJ failed to obtain evidence before 9/30/2003	Record development fair; Moore bore responsibility to supply pre-2003 records	No reversible error; Moore did not show specific missing evidence; burden on Moore
Consideration of obesity and hypertension	SSR 02-1p requires consideration of obesity and hypertension	Obesity/hypertension not shown to affect pre-2003 work ability; treated as benign/well-controlled	No reversible error; record lacked link between obesity/hypertension and pre-2003 disability
Credibility and reliance on objective evidence	ALJ’s credibility assessment flawed/ boilerplate	ALJ properly contrasted symptoms with objective evidence; no pre-2003 disability shown	Credibility assessment upheld; substantial evidence supports decision
Impact of post-2003 records on pre-2003 period	Records after insured period cannot redate disability prior to 2003	Later records informed overall condition but not pre-2003 disability	No remand; later evidence does not establish disability before insured status ended

Skinner v. Astrue, 478 F.3d 836 (7th Cir. 2007) (waiver and notice considerations in representation before SSA)
Binion v. Shalala, 13 F.3d 243 (7th Cir. 1994) (requires explicit 25% fee-cap warning in waiver of counsel)
Nelms v. Astrue, 553 F.3d 1093 (7th Cir. 2009) (court deferential to Commissioner’s record development; significant omissions required)
Thompson v. Sullivan, 933 F.2d 581 (7th Cir. 1991) (statutory notice requirements for attorney representation)
Smith v. Astrue, 795 F. Supp. 2d 748 (N.D. Ill. 2011) (comprehensive written notice can validate waiver when receipt is signed)
Hines v. Barnhart, 453 F.3d 559 (4th Cir. 2006) (discusses limits of objective evidence in chronic illness cases)