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Alexy v. Barnhart

Citation: 58 F. App'x 357Docket: No. 01-35622; D.C. No. CV-00-05068-RJB

Court: Court of Appeals for the Ninth Circuit; March 12, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant challenges the district court's affirmation of the denial of his social security and disability insurance benefits. The appellate court, exercising its jurisdiction under 28 U.S.C. 1291, vacates the district court's judgment and remands the case for further proceedings. The core issue arises from the failure of the Administrative Law Judge (ALJ) to incorporate the medical findings from the Veteran’s Administration (VA) Hospital into the record, despite the appellant's testimony that the VA had deemed him disabled. Precedents established in Smolen v. Chater and McCartey v. Massanari necessitate that the ALJ fully and fairly develop the record, giving substantial weight to VA findings of disability. The appellate court determined that the ALJ should have procured the VA records as soon as the issue was raised. Consequently, the court remands the case for the ALJ to obtain and consider these records in a new hearing. The court deliberately refrains from addressing other issues raised by the appellant, as the evaluation of the VA records may impact those considerations. This decision is marked as non-publishable under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Appellate Review and Remand for Further Proceedings

Application: The appellate court vacates the lower court's decision and remands the case to the ALJ for reevaluation with the inclusion of VA medical records.

Reasoning: Since this ruling occurred after Alexy's hearing and the ALJ failed to request the VA records, the appellate court vacates the district court's decision and remands the case, instructing the ALJ to obtain the VA records for consideration in a new hearing.

Obligation of ALJ to Obtain VA Records

Application: The ALJ failed to fulfill the obligation to obtain the VA records after the claimant raised the issue, necessitating a remand for further proceedings.

Reasoning: The burden rests on the ALJ to procure the VA records once the claimant raises the issue, as per the precedent set by McCartey.

Requirement for Full and Fair Development of Record in Social Security Cases

Application: The ALJ is required to obtain and evaluate all relevant evidence, including VA disability findings, which must be given substantial weight in social security disability cases.

Reasoning: It is established that in social security cases, the ALJ is required to develop the record fully and fairly, which includes incorporating any VA findings of disability that must be given substantial weight, as outlined in Smolen v. Chater and McCartey v. Massanari.