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· 11/9/2012

Bird v. Commissioner of Social Security Administration

Citations

  • 699 F.3d 337
  • 2012 WL 5458471
  • 2012 U.S. App. LEXIS 23141

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a VA disability rating “is highly relevant to the disability determination” by the SSA and is ordinarily entitled to substantial weight
  • holding that “the SSA must give substantial weight to a VA disability rating [unless] the record before the ALJ clearly demonstrates that . . . a deviation is appropriate”
  • holding that the Commissioner “must give retrospective consideration to medical evidence created after a claimant’s last insured date when such evidence may be ‘reflective of a possible earlier and progressive degeneration’ ”
  • holding that the Commissioner “must give retrospective consideration to medical evidence created after a claimant’s last insured date when such evidence may be ‘reflective of a possible earlier and progressive degeneration’ ”
  • holding that, in the context of disability insurance benefits claims, failure to retrospectively consider medical evidence created after a claimant’s date last insured but linked to the relevant time period can be error
  • holding that evidence developed after a claimant’s termination of insured status may be relevant to prove disability arising before the DLI if it relates back to the period when the claimant was insured and provides evidence of her impairments at that time

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Duncan, Keenan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.