Timothy Brown v. Carolyn W. Colvin
825 F.3d 936
8th Cir.2016Background
- Brown applied for disability insurance benefits in Dec 2011 alleging disability beginning Nov 2011 due to hearing loss and other impairments.
- ALJ denied benefits in Aug 2013; Appeals Council denied review; district court affirmed; this court reverses and remands.
- Brown testified he tried three hearing aids with little to no benefit and that he cannot hear in normal conversations or crowds.
- January 20, 2012 audiometric test showed severe to profound sensorineural hearing loss with questionable reliability.
- February 10, 2012 Dr. Jiu reviewed January results and found hearing loss unchanged; April 5, 2012 Dr. Clemons’ test showed severe loss with fair/poor reliability.
- ALJ found Brown not disabled, failed to analyze Listing 2.10, inadequately addressed conflicting hearing-test results, and misstated test chronology; remand ordered for further development and potential RFC reevaluation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly applied Listing 2.10 for hearing loss. | Brown meets Listing 2.10 based on January 2012 test. | ALJ concluded no listing met without explicit 2.10 analysis. | Remand required for proper 2.10 analysis. |
| Whether the ALJ adequately reconciled inconsistent hearing-test results. | Tests (Jan 2012 vs Apr 2012) are inconsistent and unreliable. | ALJ weighed evidence as presented. | Remand for proper reconciliation and record development. |
| Whether the ALJ erred in misstating who conducted key audiometric testing. | ALJ incorrectly stated Dr. Lewis performed Feb 2012 testing. | Record shows Dr. Jiu reviewed Jan 2012 results; no Feb test by Dr. Lewis. | Reversal required; corrective factual record on remand. |
| Whether the ALJ’s weighting of medical opinions and tests was supported by substantial evidence. | Weight assigned to April 2012 test and opinions from Clemons/Whaley inappropriate given unreliable tests. | ALJ properly weighed medical evidence. | Remand to reevaluate evidence and RFC. |
Key Cases Cited
- Lott v. Colvin, 772 F.3d 546 (8th Cir. 2014) (duty to develop the record; may order additional testing)
- Sullivan v. Zebley, 493 U.S. 521 (S. Ct. 1990) (-listing as disability presumption; if listed, disability established)
- Jones v. Barnhart, 335 F.3d 697 (8th Cir. 2003) (step-three listings framework; requires analysis)
- Scott ex rel. Scott v. Astrue, 529 F.3d 818 (8th Cir. 2008) (remand when staff evidence insufficient on crucial issues)
- Stormo v. Barnhart, 377 F.3d 801 (8th Cir. 2004) (ALJ must seek clarifications where issue undeveloped)
- Naber v. Shalala, 22 F.3d 186 (8th Cir. 1994) (duty to obtain additional medical evidence if record insufficient)