Tuesday, September 18, 2012

Social Security - Chevron deference - AR 92(6) - cessation of disability

Hagans v. Commissioner of Social Security – 3d Cir. – September 14, 2012

In holding that the claimant's disability had ceased, interpreting 42 USC 423(f) and 92 AR-2(6), the court granted a "relatively high level of deference" to SSA's  interpretation of the statute and the AR.

The primary issue in the case was the relevant date for determining whether claimant continued to be disabled  – the date on which the SSA asserts that his disability had ceased or  the date of the ALJ’s hearing or the date of the ALJ’s ruling. . Use of one of these later dates would bolster the claim for disability benefits because he had advanced into a different age category by the time of the ALJ’s hearing.  

The court deferred to the SSA ruling that the earlier date was appropriate.