Wednesday, March 01, 2006

disability - depression - onset date - evidence

Payton v. Barnhart - ED Pa. - February 24, 2006

The ALJ's determination of onset date in closed period case was inconsistent with the medical evidence and not supported by substantial evidence where the sole support of the ALJ decision was a "'non-examining' State Agency 'checklist.'"

The evidence showed that claimant's depression "did not suddenly become a severe impairment" on the date found by the ALJ but existed prior to that point, as established by the medical evidence.

The court reversed the ALJ decision rather than remanding the case, because the administrative record was "fully developed and…substantial evidence on the record as a whole indicates that the cliamant is disabled and entitled to benefits."

Donald Marritz
MidPenn Legal Services