Schisler v. Sullivan

No. 92-6232 (2d Cir. filed Dec. 21, 1992) ; Clearinghouse Number: 32771

Description

Ruling Allowing ALJs to Apply Treating Physician Rule Different from Rule Applied by Federal Courts Is Appealed

Abstract

Plaintiff appellees' cross appeal requests the Second Circuit to overturn that part of the district court's order allowing SSA to continue to follow its new treating physician rule at the administrative level. Plaintiffs originally filed this suit after SSA filed a notice of rescission proclaiming that the court's decision in Schisler v. Bowen, 851 F.2d 43 (2d Cir. 1988), was obsolete. Plaintiffs alleged that SSA's new rule imposed new concepts, standards, and restrictions on consultative examinations and existing medical evidence that significantly undermined the protection afforded claimants under the judicially created rule. The district court preliminarily enjoined SSA from publishing its notice of rescission and ordered SSA to submit to the court a replacement social security ruling (SSR) that would provide clear guidance as to the status of the Second Circuit's treating physician rule. Subsequently, SSA submitted a new SSR to the district court explicitly stating that its new regulations supersede prior Second Circuit case law and that adjudicators "need not attempt to reconcile the regulations with any prior articulations of the courts." Although the district court prohibited SSA from publishing the proposed SSR, the court held that SSA had the authority pursuant to 42 U.S.C. § 405(a) to promulgate the regulations for its adjudicators to follow at the administrative level, and that SSA could publish the original notice of rescission informing its adjudicators that the Schisler SSR had been made obsolete at the administrative level. Appellees maintain that the court erred in making this ruling; they argue that this remedy creates two different standards for evaluating treating physician opinions as to a claimant's disability. Appellees contend that, if SSA publishes the notice, adjudicators at the administrative level will be free to apply the new regulations without regard to the Second Circuit's treating physician rule, while district courts will continue to apply the Schisler rule when reviewing SSA's administrative decisions.

Additional Information

Attorney Information
Plaintiffs-appellees-cross-appellants represented by Edwin Lopez-Soto, Greater Upstate Law Project, 87 N. Clinton Ave., Rochester, NY 14604, (716) 454-6500; Bryan Hetherington, Catherine Callery, David Buckel, Alan Block, Lewis Golinker
Docket Date
1992-12-21 00:00:00+00:00

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