Delta M. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Northern District of Indiana reviews the denial of Delta M.’s applications for Disability Insurance Benefits and Supplemental Security Income. The court concludes that the administrative law judge improperly treated consultative psychologist Dr. Russell Coulter-Kern’s reports as vague or inadequate without recontacting him as required by applicable Social Security regulations. The court remands the Commissioner’s decisions for further proceedings.

Holdings

1. When an ALJ determines that a consultative examiner's report is inadequate or incomplete concerning the nature, severity, duration of an impairment, or residual functional capacity, the regulations require the Commissioner to contact the medical source, explain the evidentiary need, and request the missing information or a revised report.
2. The general provision addressing inconsistencies or insufficiencies in the entire case record does not, without more, eliminate or supplant the specific mandatory duty to recontact a consultative examiner whose report is inadequate or incomplete.

Questions Presented

1. Whether the ALJ's characterization of Dr. Coulter-Kern's consultative-examination opinions as vague, minimally explained, and inadequately supported triggered the regulatory duty to recontact the consultative examiner under 20 C.F.R. §§ 404.1519p(b) and 416.919p(b).
2. Whether the Commissioner's reliance on 20 C.F.R. § 404.1520b(b)(1) eliminated or supplanted the duty to recontact a consultative examiner when the examiner's report was inadequate or incomplete.

Disposition

reversed_and_remanded