TIPS TO HELP YOU NAVIGATE THE SOCIAL SECURITY ADMINISTRATION (SSA)
We know that navigating the Social Security Administration (SSA) can be difficult. That's why we've compiled some helpful tips to follow when dealing...
Lynlee Michele Rowden sought judicial review of the Social Security Administration (“SSA”)’s decision that she was not considered “disabled” under the Social Security Act.
She asked the United States District Court of Oklahoma to reverse the decision on the grounds that the Administrative Law Judge (ALJ) failed to consider findings by a post-hearing psychologist and did not properly consider the opinions of Ms. Rowden’s counselor and case manager. Ms. Rowden claimed the ALJ applied the wrong legal standard when evaluating her mental impairments.
The Social Security Act defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment” that can result in death or last or expect to last at least 12 months. According to Stedman’s Medical Dictionary, a mental impairment is characterized by an intellectual defect, manifested by a diminished “cognitive, interpersonal, social, and vocational effectiveness.” The degree of impairment is evaluated by a psychological exam.
Ms. Rowden argued that the ALJ rejected the opinions and observations of Ms. Hickox, the treating counselor, as not supported by other information and as showing she had recently improved. She argued that the ALJ’s rejection of Ms. Hickox’ opinion was detrimental because it described her functional limitations in more detail than were shown in the medical management notes by the psychiatrists.
For example, it included diagnoses of bipolar disorder, depression, anxiety, and PTSD. Ms. Rowden claimed the ALJ had a heightened duty to ensure that the record was fairly and fully developed and that the ALJ didn’t try to obtain her treatment records because she was represented by a non-attorney. However, in her reply brief, the Plaintiff admitted she was represented by an attorney, leading the court to conclude she failed to establish reversible error.
Ms. Rowden claimed that the ALJ failed to apply the criteria of previous Listing 12.05c. She added that the Commissioner lacked the authority to make an amendment of the regulation retroactive. Listing 12.05C required a valid IQ score between 60 and 70 and mental or physical impairment that imposes a “significant work-related limitation or function.” The SSA eliminated Listing 12.05c in January of 2017.
The ALJ issued her decision in August 2017, about seven months after the regulations were revised. The U.S. District Court found that the former mental impairment Listing did not have a retroactive effect on Ms. Rowden’s case. It argued there was no retroactive effect because the ALJ applied step three of the standard regulatory analysis that applied to Ms. Rowden’s disability determination. That process took place after the revised Listings went into effect. The court concluded the ALJ “properly considered the revised regulations.”
We know that navigating the Social Security Administration (SSA) can be difficult. That's why we've compiled some helpful tips to follow when dealing...
Growth Continues with an Expansion of Services and Locations Denver, CO (May 19, 2022) – Marking a decade of dynamic, best-in-class legal services,...
In 2019, the Colorado Legislature passed a law titled the Equal Pay for Equal Work Act (C.R.S. § 8-5-101 et seq) hoping to curb pay disparities based...