Ivy Darlene Johnson v. Frank Bisignano, Commissioner of Social Security
SocialSecurity DueProcess JusticiabilityDoctri
Whether an Administrative Law Judge (ALJ) violates a claimant's due process rights by omitting or discounting documented medical evidence when determining disability severity
1. Whether an Administrative Law Judge (ALJ) violates a claimant ’s ,due process rights, guaranteed by the Fifth Amendment, and fails to adequately develop the record by omitting or discounting documented medical evidence that does not support the Commissioner ’s decision to find the claimant ’s affective disorder, hypertension, and asthma “non-severe, ” in violation of federal laws and regulations, including Sections 205(a) (42 U.S.C. § 405(a)) and 223(a)(d)(5)(C)(i) of the Social Security Act and 20 CFR §§ 404.1527, 404.1512, 404.935, and 416.1435? 2. Whether an ALJ ’s reliance on arguments not supported by new and convincing evidence, despite contradictory medical evidence in the record, constitutes reversible error in determining the claimant ’s residual functional capacity? 3. Whether an ALJ commits reversible error by finding a claimant ’s hypertension “nonsevere ” in the absence of new and convincing evidence to contradict existing medical documentation?