Settles v. Colvin
121 F. Supp. 3d 163
| D.D.C. | 2015Background
- Plaintiff Settles seeks judicial review of a SSA final decision denying her disability benefits and SSI.
- ALJ concluded Plaintiff not disabled on Sept. 4, 2012; Commissioner denied review on Sept. 24, 2013.
- Plaintiff challenges treating physician Dr. Britt’s opinion and alleged error in evaluating mental retardation.
- Dr. Schiff’s 2003 IQ of 63 diagnosing mild mental retardation is disputed; ALJ deemed it unreliable.
- Plaintiff argues insufficient consultative evaluation regarding mental retardation; case remanded for further proceedings.
- District court will grant Plaintiff’s motion in part and remand for further SSA proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Treating physician weight given to Dr. Britt | Settles argues Dr. Britt’s opinion should receive controlling weight | ALJ properly weighed evidence and found Britt’s opinion outweighed by other evidence | Remand for proper treatment of treating-physician opinion |
| Mental retardation evidence and consultative evaluation | ALJ failed to adequately evaluate Dr. Schiff’s 2003 assessment and lack of up-to-date testing | Record supports ALJ’s evaluation and use of available evidence | Remand for new or additional mental retardation assessment |
| Need for further proceedings to resolve disability status | Record insufficient to determine disability status | Record sufficient under applicable standards | Remand to SSA for further proceedings |
Key Cases Cited
- Butler v. Barnhart, 353 F.3d 992 (D.C. Cir. 2004) (substantial evidence standard and deferential review of SSA findings)
- Richardson v. Perales, 402 U.S. 389 (Supreme Court 1971) (Substantial evidence standard governing SSA disability determinations)