Garrett Scott Vail v. Commissioner of Social Security

Summary

This Report and Recommendation concerns Garrett Scott Vail’s action seeking judicial review of the Commissioner of Social Security’s denial of disability insurance benefits. The Magistrate Judge recommends that the District Court vacate and remand the Commissioner’s decision, addressing whether the ALJ properly evaluated the claimant’s residual functional capacity and supporting evidence, including VA disability records and compensation-and-pension opinions.

Holdings

1. Although the ALJ was not required to analyze the VA's disability rating itself, the ALJ was required to consider all supporting evidence underlying that rating. The failure to discuss relevant pre-2016 records and the 2018 compensation-and-pension examination constituted error.
2. Dr. Peters's statement that Vail had occasional decreases in work efficiency and intermittent periods of inability to perform occupational tasks described functional limitations and met the regulatory definition of a medical opinion. The ALJ was therefore required to evaluate its persuasiveness or explain why it was insufficient and not worthy of evaluation.
3. The ALJ's evaluation of Vail's symptom allegations was inadequate because the ALJ found his statements about daily activities inconsistent with the medical evidence without identifying or describing those activities. The Commissioner's post-hoc explanation could not cure the deficiency.

Questions Presented

1. Whether the ALJ erred by failing to consider and evaluate supporting evidence underlying the VA's disability rating, including relevant VA compensation-and-pension examination evidence.
2. Whether the ALJ erred by failing to evaluate Dr. Peters's statement describing Vail's occupational and social impairment as a medical opinion under 20 C.F.R. § 404.1520c.
3. Whether the ALJ inadequately evaluated Vail's subjective symptom allegations by finding his statements about daily activities inconsistent with the medical evidence without identifying the activities relied upon.

Disposition

vacated