News & Information

CCH® UNEMPLOYMENT INSURANCE — 5/3/16

Credibility of disability claimant improperly discounted, says court

In a case where the claimant suffers from a somatoform disorder, ideally the ALJ should set forth the credibility determination with sufficient detail to inform the reviewing court as to the factual details of the claimant’s limitations as believed by the Administrative Law Judge (ALJ). Further, in such cases, corroborating testimony from actual witnesses, such as family members, on the nature of the claimant’s symptoms can be particularly valuable. Here, the claimant suffered from conversion disorder that manifested itself as somatoform, non-epileptic seizures. The ALJ determined that she was capable of light work and denied benefits. On appeal, the claimant argued that the ALJ committed legal error by failing to consider the testimony of her sister-in-law who witnessed her non-epileptic seizures and improperly discounted the opinions of her treating psychiatrist and therapist. The court agreed and ruled that remand was appropriate. Although the ALJ stated that the claimant was not credible in part, it remained unclear whether that determination was a finding of malingering or an exaggeration based on the nature of her conversion disorder. In addition, the ALJ failed to make clear what impact her conversion disorder had upon her ability to work. Moreover, the failure to consider the sister-in-law’s testimony regarding the claimant’s daily activities was against the governing regulations. Due to the nature of the claimant’s condition, the testimony regarding her daily activities was relevant to her ability to hold a job. Thus, the case was remanded to the agency for further proceedings (Kimberly Anne Nowling v. Colvin, CA-8, No. 14-2170, February 22, 2016).