Monday, June 16, 2008

disability - onset date - medical advisor

Mamrol v. Astrue - ED Pa. - June 9, 2008

http://www.paed.uscourts.gov/documents/opinions/08D0646P.pdf

Where there was little contemporaneous evidence about the date of onset of the claimant's disability - multiple sclerosis - the ALJ should have consulted a medical advisor, under the factors set out in SSR 83-20 and the decisions in Walton v. Halter, 243 F3d 703 (3d Cir. 2001) and Newell v. Commissioner, 347 F3d 541 (3d Cir. 2003).

Citing Newell, the court refused to draw negative inferences from claimant's infrequent or irregular doctor visits without first considering her explanations, which in this case satisfied the court.

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