Michael McNabb v. Jo Anne Barnhart, Commissioner of the Social Security Administration

This social security case arises out of a factual situation that the district court aptly characterized as a bit out of the ordinary. It involves a claim for disability benefits for successive disabilities of entirely different origins.

Plaintiff-appellant Michael McNabb was originally awarded disability benefits in 1992 on the basis of substance abuse and psychological impairments. In 1995, the Social Security Administration (“SSA”) began a continuing disability review, which eventually concluded that any disabilities had ceased as of January 31, 1996, the “cessation date.” McNabb had a hearing on August 12, 1997, before an Administrative Law Judge (“ALJ”) in which he contended that he was still entitled to disability benefits, but on the basis of a back injury stemming from chiropractic treatment during the month of January 1996. On January 15, 1999, the ALJ ruled that McNabb was no longer disabled as of the cessation date and that his disability benefits were therefore properly terminated.

McNabb filed this action in district court in 2000 challenging the termination of his benefits. After cross-motions for summary judgment, the magistrate judge recommended granting the SSA’s…