Clinton Hiler v. Michael Astrue

Clinton Hiler (Hiler) appeals a district court judgment affirming the Social Security Administration’s (SSA) decision finding him disabled from September 26, 1997 through December 3, 1998, but also concluding that the disability ended on December 4, 1998, due to medical improvement. Hiler contends that the Administrative Law Judge’s (ALJ) medical improvement finding is not supported by substantial evidence because she erred in relying on a single proposed rating decision, dated December 28, 2001, from the Department of Veterans Affairs (VA) (the 2001 decision). He also claims that the ALJ erred by failing to mention the opinion of treating physician, Dr. John Regan. We hold that the ALJ erred in relying solely on the 2001 decision, and we reverse and remand on that ground.

FACTUAL AND PROCEDURAL BACKGROUND

On May 20, 2004, Hiler filed a claim for disability insurance benefits, alleging lumbar spine impairment, right knee impairment, and severe back pain, beginning October 21, 1993. After an initial rejection, an appeal, and a hearing on his application, the ALJ handed down a partially favorable decision. Employing the five-step sequen tial evaluation process under 20…