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SSDI Benefits Denial Lacks Clear and Convincing Reasoning
The Court of Appeals of the Ninth Circuit reverses a denial of Social Security Benefits. The Ninth Circuit holds that the administrative law judge (ALJ) did not give clear and convincing reasons for disregarding the claimant’s disability testimony. In Ferguson v. O’Malley (9th Cir. No. 21-35412, March 14, 2024).
Danny Ferguson was diagnosed with an Arnold-Chiari malformation diagnosis, which affects the brain. He applied for Social Security benefits.
At his hearing with the administrative law judge, he gave evidence of his headaches, which he said were frequent and severe. The ALJ rejected his testimony as to the headaches, stating that it was inconsistent with the record. After the ALJ denied his application, the district court affirmed the denial.
Mr. Ferguson appealed to the Court of Appeals for the Ninth Circuit.
In rendering its opinion, the ALJ implied that there was a reasonable expectation that Mr. Ferguson’s medically determinable impairments caused his headaches. In step two of the symptom analysis, the ALJ stated that Mr. Ferguson’s claims of the intensity of his symptoms contradicted the record but did not specify which symptoms.
To disregard Mr. Ferguson’s symptom testimony, the ALJ would need specific, clear, and convincing reasons why the medical evidence was inconsistent with his testimony. Nothing in the ALJ’s analysis was specific enough to be clear and convincing. For instance, the ALJ never explained which symptoms went against which specific medical evidence.
Moreover, a lack of medical evidence would not be enough to discredit Mr. Ferguson’s claim. Symptom testimony was sufficient to establish the severity of his headaches; he did not need outside medical evidence.
The appellate court finds that the ALJ failed to provide clear and convincing reasons for rejecting Mr. Ferguson’s headache symptom testimony.
The ALJ relied on Mr. Ferguson’s testimony about the daily activities he could do to conclude that he was not disabled. His daily activities included watching TV, caring for cats, preparing meals, running errands, working on projects, and occasionally walking. However, the ALJ failed to explain how the daily activity testimony showed that he did not experience severe and frequent headaches. There is no reasonable inference that intense, recurring headaches would prevent Mr. Ferguson from engaging in these activities.
The appeals court reverses and remands the case to the ALJ to reconsider Mr. Ferguson’s headache symptom testimony.
One justice dissented. The dissenting opinion claims that the court of appeals incorrectly applied the substantial evidence standard of review, as it should have given more deference to the ALJ.
The dissent also argues that the ALJ did not discount Mr. Ferguson’s testimony; rather, the judge placed greater weight on contradicting medical evidence.
Finally, the dissent asserts that the medical evidence and activities of daily living were enough for the ALJ to conclude the applicant was not disabled
A roundup of elder law news and practice development articles culled from news sources across the nation during the week of June 3, 2025, to June 9, 2025.
A roundup of elder law news and practice development articles culled from news sources across the nation during the week of May 28, 2025, to June 2, 2025.
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SSDI Benefits Denial Lacks Clear and Convincing Reasoning
The Court of Appeals of the Ninth Circuit reverses a denial of Social Security Benefits. The Ninth Circuit holds that the administrative law judge (ALJ) did not give clear and convincing reasons for disregarding the claimant’s disability testimony. In Ferguson v. O’Malley (9th Cir. No. 21-35412, March 14, 2024).
Danny Ferguson was diagnosed with an Arnold-Chiari malformation diagnosis, which affects the brain. He applied for Social Security benefits.
At his hearing with the administrative law judge, he gave evidence of his headaches, which he said were frequent and severe. The ALJ rejected his testimony as to the headaches, stating that it was inconsistent with the record. After the ALJ denied his application, the district court affirmed the denial.
Mr. Ferguson appealed to the Court of Appeals for the Ninth Circuit.
In rendering its opinion, the ALJ implied that there was a reasonable expectation that Mr. Ferguson’s medically determinable impairments caused his headaches. In step two of the symptom analysis, the ALJ stated that Mr. Ferguson’s claims of the intensity of his symptoms contradicted the record but did not specify which symptoms.
To disregard Mr. Ferguson’s symptom testimony, the ALJ would need specific, clear, and convincing reasons why the medical evidence was inconsistent with his testimony. Nothing in the ALJ’s analysis was specific enough to be clear and convincing. For instance, the ALJ never explained which symptoms went against which specific medical evidence.
Moreover, a lack of medical evidence would not be enough to discredit Mr. Ferguson’s claim. Symptom testimony was sufficient to establish the severity of his headaches; he did not need outside medical evidence.
The appellate court finds that the ALJ failed to provide clear and convincing reasons for rejecting Mr. Ferguson’s headache symptom testimony.
The ALJ relied on Mr. Ferguson’s testimony about the daily activities he could do to conclude that he was not disabled. His daily activities included watching TV, caring for cats, preparing meals, running errands, working on projects, and occasionally walking. However, the ALJ failed to explain how the daily activity testimony showed that he did not experience severe and frequent headaches. There is no reasonable inference that intense, recurring headaches would prevent Mr. Ferguson from engaging in these activities.
The appeals court reverses and remands the case to the ALJ to reconsider Mr. Ferguson’s headache symptom testimony.
One justice dissented. The dissenting opinion claims that the court of appeals incorrectly applied the substantial evidence standard of review, as it should have given more deference to the ALJ.
The dissent also argues that the ALJ did not discount Mr. Ferguson’s testimony; rather, the judge placed greater weight on contradicting medical evidence.
Finally, the dissent asserts that the medical evidence and activities of daily living were enough for the ALJ to conclude the applicant was not disabled
SSDI Benefits Denial Lacks Clear and Convincing Reasoning
<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img alt="Special Needs Answers case summary." src="https://cdn.elderlawanswers.com/common/uploads/photos/19452-ASNP Badge Case Summary.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:356px" />The Court of Appeals of the Ninth Circuit reverses a denial of Social Security Benefits. The Ninth Circuit holds that the administrative law judge (ALJ) did not give clear and convincing reasons for disregarding the claimant’s disability testimony. </span></span><em><span style="font-size:14.0pt"><a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2024/03/14/21-35412.pdf" target="_self"><span style="color:#4a6ee0">In Ferguson v. O’Malley</span></a></span></em><span style="font-size:14.0pt"><span style="color:#0e101a"> (9th Cir. No. 21-35412, March 14, 2024).</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Danny Ferguson was diagnosed with an Arnold-Chiari malformation diagnosis, which affects the brain. He applied for Social Security benefits.</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">At his hearing with the administrative law judge, he gave evidence of his headaches, which he said were frequent and severe. The ALJ rejected his testimony as to the headaches, stating that it was inconsistent with the record. After the ALJ denied his application, the district court affirmed the denial. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Mr. Ferguson appealed to the Court of Appeals for the Ninth Circuit. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">In rendering its opinion, the ALJ implied that there was a reasonable expectation that Mr. Ferguson’s medically determinable impairments caused his headaches. In step two of the symptom analysis, the ALJ stated that Mr. Ferguson’s claims of the intensity of his symptoms contradicted the record but did not specify which symptoms. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">To disregard Mr. Ferguson’s symptom testimony, the ALJ would need specific, clear, and convincing reasons why the medical evidence was inconsistent with his testimony. Nothing in the ALJ’s analysis was specific enough to be clear and convincing. For instance, the ALJ never explained which symptoms went against which specific medical evidence.</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Moreover, a lack of medical evidence would not be enough to discredit Mr. Ferguson’s claim. Symptom testimony was sufficient to establish the severity of his headaches; he did not need outside medical evidence. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The appellate court finds that the ALJ failed to provide clear and convincing reasons for rejecting Mr. Ferguson’s headache symptom testimony. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The ALJ relied on Mr. Ferguson’s testimony about the daily activities he could do to conclude that he was not disabled. His daily activities included watching TV, caring for cats, preparing meals, running errands, working on projects, and occasionally walking. However, the ALJ failed to explain how the daily activity testimony showed that he did not experience severe and frequent headaches. There is no reasonable inference that intense, recurring headaches would prevent Mr. Ferguson from engaging in these activities. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The appeals court reverses and remands the case to the ALJ to reconsider Mr. Ferguson’s headache symptom testimony. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">One justice dissented. The dissenting opinion claims that the court of appeals incorrectly applied the substantial evidence standard of review, as it should have given more deference to the ALJ. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The dissent also argues that the ALJ did not discount Mr. Ferguson’s testimony; rather, the judge placed greater weight on contradicting medical evidence. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Finally, the dissent asserts that the medical evidence and activities of daily living were enough for the ALJ to conclude the applicant was not disabled</span></span></p>
<p><span style="font-size:14.0pt"><a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2024/03/14/21-35412.pdf" target="_self"><span style="color:#4a6ee0">Read the full opinion</span></a>.</span></p>
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The Court of Appeals of the Ninth Circuit reverses a denial of Social Security Benefits. The Ninth Circuit holds that the administrative law judge (ALJ) did not give clear and convincing reasons for disregarding the claimant’s disability testimony. In Ferguson v. O’Malley (9th Cir. No. 21-35412, March 14, 2024).
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