Peckham v. Astrue
780 F. Supp. 2d 1195
D. Kan.2011Background
- Plaintiff applied for DIB and SSI alleging disability since March 1, 2001; applications denied at initial and reconsideration.
- ALJ Stubbs held a hearing in 2007; appealed to Appeals Council which vacated and remanded for further proceedings.
- On remand, supplemental hearing occurred in 2009 with Plaintiff, a medical expert, and a vocational expert.
- August 2009 ALJ decision found Plaintiff not disabled, concluding he could perform other work in the economy.
- Appeals Council denied review; district court reverses and remands for proper evaluation of medical opinions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal standard for weighing medical opinions | Treating opinions deserve deference; ALJ misapplied law. | ALJ properly weighed opinions under regulations and SSR 96-5p. | Reversed; ALJ used incorrect weighing standard. |
| Weight given to treating sources versus medical expert | Treating sources should have greater weight; ALJ undervalued them. | ALJ appropriately weighed evidence and afforded greater weight to expert where warranted. | Reversed; treating opinions not properly weighed against non-treating expert. |
| Undated/unsigned Taylor-Butler opinion and need to recontact | Undated/unsigned opinion should have been recontacted; discounting was improper. | ALJ followed applicable considerations; recontact not mandated in this context. | Reversed; ALJ erred in discounting without recontact. |
Key Cases Cited
- Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009) (establishes substantial evidence standard and review scope)
- Lax v. Astrue, 489 F.3d 1080 (10th Cir. 2007) (outline substantial evidence review and proper legal standards)
- White v. Barnhart, 287 F.3d 903 (10th Cir. 2001) (clarifies substantial evidence standard and judicial review)
- Bowman v. Astrue, 511 F.3d 1270 (10th Cir. 2008) (court may not reweigh evidence; must uphold supported findings)
- Hackett v. Barnhart, 395 F.3d 1168 (10th Cir. 2005) (limits on judicial reweighing of medical evidence)
- Frey v. Bowen, 816 F.2d 508 (10th Cir. 1987) (treating physician opinion deserving substantial weight absent good cause)
- Goatcher v. Dep't of Health & Human Servs., 52 F.3d 288 (10th Cir. 1995) (treating physician opinions require legitimate reasons to discount)
- Reyes v. Bowen, 845 F.2d 242 (10th Cir. 1988) (ALJ must weigh treating physician reports against others with legitimate reasons)
- Watkins v. Barnhart, 350 F.3d 1297 (10th Cir. 2003) (applies 20 C.F.R. factors to weigh opinions; treating source deference)
- Robinson v. Barnhart, 366 F.3d 1078 (10th Cir. 2004) (examining sources generally weigh more than nonexamining; treating source weight discussed)