In re Ybarra, In re

(SSA Office of Hearings & Apps. Mar. 29, 1996) ; Clearinghouse Number: 51127

Description

Appeals Council Remands Disability Claim to Determine Claimant's Condition When He Stopped and Resumed Gainful Activity

Abstract

The Appeals Council has remanded this claim for disability benefits for further consideration pursuant to the sequential evaluation process. Claimant alleged that he was unable to work after November 25, 1993, because of psoriasis and hepatitis C. On November 22, 1994, claimant returned to his former job. The administrative law judge (ALJ) determined that claimant was not disabled pursuant to 20 C.F.R. § 404.1520(b) because he returned to substantial gainful activity within 12 months of his alleged disability onset date. The Appeals Council found that the ALJ's conclusion did not accord with Acquiescence Ruling 92-6(10), which provides that a claim for disability benefits in which the claimant returns to work within 12 months of the established onset date should be allowed and the claimant granted a trial work period if (1) the claimant establishes that the impairment was still expected to last for at least 12 consecutive months from the disability onset date; (2) the claimant returns to work after any necessary waiting period; and (3) the return to work demonstrating ability to engage in substantial gainful activity occurred either before or after the approval of the award. The Appeals Council held that, because claimant did not return to work until after the necessary five-month waiting period had expired and because there was no showing that claimant's impairment did not last for 12 consecutive months following claimant's alleged disability onset date, further consideration was necessary to determine whether claimant was disabled and unable to engage in substantial gainful activity before he returned to work.

Additional Information

Attorney Information
Claimant represented by Armando Cordoba, Disability Advocacy Clinic, 625 Silver SW, Suite 310, Albuquerque, NM 87102-3173, (505) 842-8111.
Docket Date
1970-01-01 06:00:00+00:00