Byron Keith Tatum, II v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The United States District Court for the Eastern District of Texas reviews the denial of Byron Keith Tatum II’s claim for Social Security disability insurance benefits. Tatum challenges the ALJ’s rejection of ophthalmologist Dr. Stephanie Fleming’s visual-acuity findings under Listing 2.02 and the issuance of the decision by an ALJ who did not conduct the hearing. The court concludes that the Commissioner’s decision should be affirmed.

Holdings

1. The ALJ permissibly found Dr. Fleming's opinion unpersuasive and substantial evidence supported the determination that Tatum did not meet Listing 2.02.
2. Tatum failed to show that HALLEX required ALJ Shilling to expressly document in the decision an assessment of whether a fourth hearing was necessary.
3. Tatum failed to establish either a HALLEX violation or resulting prejudice, so remand was unwarranted.

Questions Presented

1. Whether substantial evidence supported the ALJ's determination that Tatum did not meet or equal Social Security Listing 2.02 for loss of central visual acuity.
2. Whether the Commissioner violated HALLEX by issuing a decision after the hearing ALJ became unavailable without documenting an assessment of whether a supplemental hearing was necessary.
3. Whether any alleged HALLEX violation prejudiced Tatum and warranted remand.

Disposition

affirmed