Tuesday, April 03, 2007

disability - determination of another agency - substantial weight

Sell v. Barnhart - ED Pa. - March 28, 2007

http://www.paed.uscourts.gov/documents/opinions/07D0401P.pdf

This case was remanded because the ALJ did not give proper weight to the disability determination of another agency, the Veterans Administration.

The "Third Circuit has held that a determination made by another agency that a person is 'disabled' is entitled to 'substantial weight.' [citing cases.] The ALJ, however only gave the VA's determination 'probative' weight....Moreover, the ALJ did not provide a detailed explanation for rejecting the VA's determination.

The case was remanded "for the sole purpose of giving the Veteran's [sic] Administration's finding that Plaintiff was 100% disabled during the relevant period 'substantial' rather than merely 'probative' weight. If the Commission decides to reject the VA's determination under the 'substantial weight' standard, the Commissioner must give a detailed explanation for rejecting that determination."

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