Insured status Title II

A dismissal of a hearing request on res judicata grounds, where the current claim has the same factual basis as the earlier decision, is not reviewable. A purely discretionary hearing held for purposes of receiving allegedly new and material evidence is not a hearing within the meaning of 42…

Transportation to Work. At Step 4, test is whether claimant has ability to return to past relevant work performed at substantial gainful activity level. Past insubstantial activity cannot demonstrate an ability to perform SGA. Available at DLC. Deference owed to ALJ’s credibility…

Cert. denied, 107 S.Ct. 903 (1987). Claimant is not entitled to disability benefits unless he can demonstrate that his disability existed prior to the expiration of his insured status. Denial on severity grounds upheld. Epilepsy began after date last insured.

Discusses time limits for correcting earnings record. SSA not required to accept as conclusive individual's self-employment income as stated in income tax returns. SSA may require additional verification of income.

Reopening for revision of earnings record (20 CFR §404.990) supplants reopening for good cause (20 CFR §404.989).

Court affirms Appeals Council's finding that plaintiff's informal work relationship with his wife and mother-in-law did not constitute employment for purpose of old-age insurance coverage. In a case involving closely related and closely living individuals claiming an employer-employee…

Neither absence of treatment records from relevant time period and retrospective nature of treating doctor's opinion justify ALJ's finding that treating source's report was too speculative a basis for establishing a severe impairment. (remanding for ALJ to obtain retrospective opinions…

Secretary affirmed in finding that claimant's domestic work for her brother-in-law was not employment and that she lacked sufficient quarters of coverage to be entitled to retirement benefits. The payment of a sum of money alone does not establish an employer-employee relationship. That depends upon…

A decision that a claimant lacks the necessary quarters of coverage can be reopened only under certain limited circumstances. The decision not to reopen a claim is not subject to judicial review absent a constitutional claim.