Burger v. Astrue

Summary

The Second Circuit vacated a district court judgment upholding the denial of Nicole Burger’s application for Social Security Disability Insurance benefits. The court held that, given Burger’s lack of insurance, sporadic emergency treatment, and testimony regarding limitations that would preclude her past work, the administrative law judge had an affirmative duty to develop the medical record further. The case was remanded for additional record development and reconsideration of the disability claim.

Holdings

1. The ALJ was required to develop the medical record more fully, including by endeavoring to obtain at least a belated residual functional assessment, before rejecting Burger's claim.
2. The district court's judgment could not stand because the administrative record had not been adequately developed before the Commissioner rejected Burger's claim.

Questions Presented

1. Whether the ALJ properly rejected Burger's testimony about functional limitations based principally on her sporadic medical treatment and the absence of contemporaneous physician assessments.
2. Whether, where a claimant has a recognized severe impairment, somewhat credible testimony suggesting inability to perform past work, and an explanation based on inability to afford treatment, the ALJ had an affirmative duty to develop the medical record further before denying benefits.
3. Whether the district court properly upheld the Commissioner's denial of SSDI benefits.

Disposition

vacated