Patel v. Colvin – ED Pa. –
October 13, 2016
Plaintiff stated that her
disability began on May 1, 2010, and filed the application on August 5, 2011.33
In assessing Plaintiff’s treatment record, the ALJ stated that records before
the application date of August 5, 2011, were “not from the relevant
period.”
With regard to Plaintiff’s
hospitalizations, the ALJ noted which hospitalizations preceded the “alleged
onset date”and apparently discounted them on this basis. This was error.
The regulations specifically
acknowledge the importance of a comprehensive view of a claimant’s condition
over a significant period of time i.e. the need for longitudinal evidence.
More specifically, the
regulations state that a “complete medical history,” means “the records of your
medical source(s) covering at least the 12 months preceding the month in which
you file your application.”
This is particularly relevant
in this case, where Plaintiff alleged an onset date of May 1, 2010, and the
hospitalizations occurred after that date, with most occurring within one year
of the application date. Of particular concern is the ALJ’s apparent discounting
of Plaintiff’s lengthy hospitalization from July 21, 2011 through August 24,
2011, at the time of Plaintiff’s application.
In addition, it appears that
the ALJ applied a mechanical assessment of Plaintiff’s medical records,
focusing on whether a hospitalization lasted more than two weeks and seemingly
discounting or rejecting as irrelevant any that did not, without regard to
whether “the duration and functional effects of the episodes are of equal
severity and may be used to substitute for the listed finding” as required by
the regulations.
