An administrative law judge commits legal error by failing to develop the record by requesting pertinent medical evidence in nonadversarial proceedings.
A claimant appearing pro se appeals the denial of disability benefits, arguing the administrative law judge failed to develop the record by ignoring known rheumatoid factor test results. The question presented is whether the judge’s omission constitutes legal error. The court applies the rule that, in nonadversarial proceedings, the judge bears a heightened duty to ensure an adequate record is developed, particularly when the claimant is unrepresented. The court holds that the judge committed legal error by failing to request existing test results that were pertinent to the claimant’s alleged impairments. The court reverses the district court’s judgment and remands the case for further proceedings to develop the record.
At page 790 Reviewing administrative record for substantial evidence127 citing cases“decision only to determine whether the correct legal standards were applied and whether the factual findings are supported by substantial evidence in the record.”
- Holiday, No. 1:25-cv-00069 (D. Utah July 28, 2026).(In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].)
- Shutt v. Kijakazi, No. 2:21-cv-00142 (D. Utah Aug. 22, 2022). (In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].)
- Giffen v. Saul, No. 1:19-cv-00052 (D. Utah Sept. 9, 2020). (In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].)
- McKinnon, No. 2:25-cv-00375 (D. Utah Sept. 21, 2026).It requires more than a scintilla, but less than a preponderance.”14 “In reviewing the ALJ’s decision, [the court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”15 “The failure to apply the correct 7…
- Bisignano, No. 2:25-cv-00673 (D. Utah Aug. 5, 2026).It requires more than a scintilla, but less than a preponderance.”13 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”14 “The failure to apply the correct…
- Harward, No. 2:25-cv-00356 (D. Utah July 21, 2026).It requires more than a scintilla, but less than a preponderance.”15 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”16 “The failure to apply the correct…
- Andreason, No. 2:25-cv-00100 (D. Utah Mar. 26, 2026).It requires more than a scintilla, but less than a preponderance.”15 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”16 “The failure to apply the correct…
- Wolfgramm, No. 1:25-cv-00029 (D. Utah Mar. 20, 2026).It requires more than a scintilla, but less than a preponderance.”14 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”15 “The failure to apply the correct…
- Bowker, No. 1:24-cv-01174 (D.N.M. Jan. 26, 2026).Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006).
- Tamano, No. 2:25-cv-00019 (D. Utah Jan. 23, 2026).It requires more than a scintilla, but less than a preponderance.”26 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”27 “The failure to apply the correct…
Show 114 more citing cases
- Brewer, No. 1:25-cv-00023 (D. Utah Dec. 10, 2025).It requires more than a scintilla, but less than a preponderance.”16 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”17 “The failure to apply the correct…
- Martinez, No. 2:25-cv-00141 (D. Utah Nov. 13, 2025).It requires more than a scintilla, but less than a preponderance.”14 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”15 “The failure to apply the correct…
- Turner, No. 2:25-cv-00110 (D. Utah Oct. 21, 2025).It requires more than a scintilla, but less than a preponderance.”14 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”15 “The failure to apply the correct…
- Gonzalez, No. 2:25-cv-00044 (D. Utah Oct. 21, 2025).It requires more than a scintilla, but less than a preponderance.”15 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”16 “The failure to apply the correct…
- White, Jr. v. Bisignano, No. 2:24-cv-00712 (D. Utah Sept. 30, 2025).It requires more than a scintilla, but less than a preponderance.”23 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”24 “The [f]ailure to apply the correc…
- Wilkes v. Bisignano, No. 1:24-cv-00187 (D. Utah Aug. 12, 2025).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Peterson v. Dudek, No. 2:24-cv-00451 (D. Utah Mar. 11, 2025).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Nelson v. Colvin, No. 2:24-cv-00282 (D. Utah Dec. 17, 2024).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 14 Lax, 489 F.3d at 1084 (quotations and citation omitted). 15 Madrid v. Barnh…
- Vejar v. O'Malley, No. 2:23-cv-00885 (D. Utah Oct. 10, 2024).If, on the other hand, the claimant 14 Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (quotations and citation omitted). 15 42 U.S.C. § 405 (g). 16 Lax, 489 F.3d at 1084 (quotations and citation omitted). 17 Madrid v. Barnhart, 447 F.…
- Pope v. O'Malley, No. 2:23-cv-00890 (D. Utah Aug. 9, 2024).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Howard v. O'Malley, No. 1:23-cv-00022 (D. Utah Feb. 27, 2024).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.20 14 42 U.S.C. § 405 (g). 15 Lax, 489 F.3d at 1084 (quotations and citation omit…
- Jensen v. O'Malley, No. 2:23-cv-00036 (D. Utah Feb. 13, 2024).First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual's 10 Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (quota…
- Maizler v. O'Malley, No. 2:22-cv-00692 (D. Utah Jan. 30, 2024).The more comprehensive the ALJ's explanation, the easier [the court’s] task; but [the court] cannot insist on technical perfection.”19 12 Id. 13 Lax, 489 F.3d at 1084 (quotations and citation omitted). 14 Biestek, 139 S.Ct. at 1153 (quotin…
- Weise v. O'Malley, No. 2:22-cv-00668 (D. Utah Jan. 30, 2024).It requires more than a scintilla, but less than a preponderance.”15 As noted by the Supreme Court, “an ALJ’s factual findings … ‘shall be conclusive’ if supported by ‘substantial evidence.’”16 “In reviewing the ALJ’s decision, [this court…
- Gollwitzer v. O'Malley, No. 2:22-cv-00734 (D. Utah Jan. 18, 2024).This, according to Plaintiff, was not harmless error, and as testified by the vocational expert, if an individual was absent from work, late to work, or could not perform work within a normal schedule, they would be precluded from work. 12…
- V. v. Kijakazi, No. 2:22-cv-00812 (D. Utah Dec. 11, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 14 Lax, 489 F.3d at 1084 (quotations and citation omitted). 15 Madrid v. Barnh…
- Reynoso v. Kijakazi, No. 2:22-cv-00704 (D. Utah Dec. 7, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Skinner v. Kijakazi, No. 2:23-cv-00101 (D. Utah Nov. 17, 2023). If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Tracy v. Kijakazi, No. 2:23-cv-00126 (D. Utah Nov. 14, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.18 13 Lax, 489 F.3d at 1084 (quotations and citation omitted). 14 Madrid v. Barnh…
- Roling v. Kijakazi, No. 2:23-cv-00039 (D. Utah Oct. 31, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.20 14 42 U.S.C. § 405 (g). 15 Lax, 489 F.3d at 1084 (quotations and citation omit…
- Topham v. Kijakazi, No. 2:22-cv-00364 (D. Utah Sept. 28, 2023).He argues, “The record did not contain an abundance of medical evidence” pertaining to relevant work-related criteria “because those are not factors with which medical providers concern themselves.”47 42 Id. 43 Id. 44 Id. at 8-9. 45 Id. at…
- Valdez v. Soc. Sec. Admin., No. 1:22-cv-00576 (D.N.M. Aug. 16, 2023). “Nevertheless, because a social security disability hearing is a nonadversarial proceeding, the ALJ is ‘responsible in every case to ensure that an adequate record is developed during the disability hearing consistent with the issues raise…
- D. v. Kijakazi, No. 2:23-cv-00024 (D. Utah Aug. 4, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.18 At step three, the claimant must show that his or her impairments meet or equa…
- Faulring v. Kijakazi, No. 2:22-cv-00506 (D. Utah June 13, 2023).“In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].” Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted).
- Gibson v. Kijakazi, No. 2:22-cv-00362 (D. Utah June 6, 2023). “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].” Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted).
- Hoffman v. Kijakazi, No. 2:22-cv-00440 (D. Utah May 3, 2023). If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.20 14 42 U.S.C. § 405 (g). 15 Lax, 489 F.3d at 1084 (quotations and citation omit…
- Anderson v. Kijakazi, No. 1:19-cv-00138 (D. Utah Apr. 27, 2023).It requires more than a scintilla, but less than a preponderance.”21 “In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].”22 “The [f]ailure to apply the correc…
- Paloutzian v. Kijakazi, No. 2:22-cv-00241 (D. Utah Apr. 18, 2023).If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 14 Lax, 489 F.3d at 1084 (quotations and citation omitted). 15 Madrid v. Barnh…
- Miller v. Kijakazi, No. 2:21-cv-00704 (D. Utah Mar. 1, 2023).“In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].” Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted).
- Caruso v. Kijakazi, No. 2:22-cv-00020 (D. Utah Jan. 19, 2023).“In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].” Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted).
- Jensen v. Kijakazi, No. 2:21-cv-00566 (D. Utah Jan. 18, 2023).“In reviewing the ALJ’s decision, [this court may] neither reweigh the evidence nor substitute [its] judgment for that of the [ALJ].” Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006) (quotations and citation omitted).
- Miller v. Kijakazi, No. 2:22-cv-00419 (D. Utah Dec. 20, 2022). If, on the other hand, the claimant presents medical evidence and makes the de minimis showing of medical severity, the decision maker proceeds to step three.19 At step three, the claimant must show that his or her impairments meet or equa…
- Zumwalt v. Astrue, 220 F. App'x 770 (10th Cir. 2007).unpublished
- Morgan v. Astrue, 236 F. App'x 394 (10th Cir. 2007).unpublished
- Cook v. Astrue, 230 F. App'x 856 (10th Cir. 2007).unpublished
- Novak v. Barnhart, 253 F. App'x 766 (10th Cir. 2007).unpublished
- Sanders v. Astrue, No. 07-7067 (10th Cir. Feb. 21, 2008).unpublished
- Moore v. Astrue, 274 F. App'x 719 (10th Cir. 2008).unpublished
- Stewart v. Kempthorne, 554 F.3d 1245 (10th Cir. 2009).published
- Barrett v. Asture, 340 F. App'x 481 (10th Cir. 2009).unpublished
- Raymond v. Astrue, 621 F.3d 1269 (10th Cir. 2010).published
- Tannahill v. Astrue, 357 F. App'x 186 (10th Cir. 2009).unpublished
- Dorman v. Astrue, 368 F. App'x 864 (10th Cir. 2010).unpublished
- Sitsler v. Astrue, 410 F. App'x 112 (10th Cir. 2011).unpublished
- Green v. Astrue, 420 F. App'x 824 (10th Cir. 2011).unpublished
- Qualls v. Astrue, 428 F. App'x 841 (10th Cir. 2011).unpublished
- Tracy v. Astrue, 518 F. Supp. 2d 1291 (D. Kan. 2007).published
- Raymond v. Astrue, No. 09-2094 (10th Cir. Dec. 15, 2009).published
- Sanders v. Astrue, 266 F. App'x 767 (9th Cir. 2008).unpublished
- Browne v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00133 (D. Colo. Mar. 12, 2020).
- Stringfellow v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-00295 (D. Colo. Sept. 1, 2020).
- Whitney v. Soc. Sec. Admin., No. 1:19-cv-00566 (D.N.M. May 14, 2020).
- Romero v. Soc. Sec. Admin., No. 1:20-cv-00256 (D.N.M. May 10, 2021).
- Ramirez v. Soc. Sec. Admin., No. 2:21-cv-00458 (D.N.M. Sept. 28, 2022).
- Tweedle v. Saul, No. 4:18-cv-00054 (D. Utah June 10, 2019).
- Blaylock v. Saul, No. 1:18-cv-00082 (D. Utah Aug. 22, 2019).
- Emley v. Saul, No. 4:18-cv-00066 (D. Utah Aug. 29, 2019).
- Moss v. Saul, No. 1:18-cv-00023 (D. Utah Sept. 30, 2019).
- Schuring v. Saul, No. 2:18-cv-00767 (D. Utah Sept. 30, 2019).
- Del Rio v. Saul, No. 1:19-cv-00024 (D. Utah Apr. 16, 2020).
- Blacker v. Saul, No. 2:19-cv-00013 (D. Utah May 22, 2020).
- Steiner v. Saul, No. 4:19-cv-00052 (D. Utah May 27, 2020).
- Maxfield v. Saul, No. 2:19-cv-00088 (D. Utah May 22, 2020).
- Payano v. Saul, No. 2:18-cv-00628 (D. Utah May 21, 2020).
- Anderson v. Saul, No. 4:19-cv-00067 (D. Utah Aug. 14, 2020).
- Beckum v. Saul, No. 2:20-cv-00040 (D. Utah Sept. 28, 2020).
- Hassan v. Saul, No. 2:19-cv-00387 (D. Utah Oct. 7, 2020).
- Lambert v. Saul, No. 2:19-cv-00527 (D. Utah Oct. 19, 2020).
- Adam v. Saul, No. 4:19-cv-00104 (D. Utah Nov. 20, 2020).
- Long v. Saul, No. 1:19-cv-00080 (D. Utah Nov. 13, 2020).
- Milsom v. Saul, No. 4:20-cv-00011 (D. Utah Feb. 1, 2021).
- Hansen v. Saul, No. 2:20-cv-00255 (D. Utah Mar. 8, 2021).
- Zlomke v. Saul, No. 2:19-cv-01007 (D. Utah Mar. 1, 2021).
- Borrego v. Saul, No. 2:20-cv-00044 (D. Utah Mar. 19, 2021).
- Estrovitz v. Saul, No. 4:20-cv-00034 (D. Utah Feb. 8, 2021).
- Goodwin v. Saul, No. 1:19-cv-00141 (D. Utah Feb. 23, 2021).
- Ray v. Saul, No. 1:20-cv-00049 (D. Utah Apr. 19, 2021).
- Fenn v. Saul, No. 2:20-cv-00234 (D. Utah June 1, 2021).
- Nielsen v. Kijakazi, No. 2:20-cv-00666 (D. Utah Sept. 16, 2021).
- Davies v. Kijakazi, No. 2:20-cv-00588 (D. Utah Sept. 28, 2021).
- Alires v. Kijakazi, No. 1:20-cv-00023 (D. Utah Sept. 28, 2021).
- Staheli v. Kijakazi, No. 1:20-cv-00159, 2021 WL 5495694 (D. Utah Nov. 23, 2021).
- Ukena v. Kijakazi, No. 2:20-cv-00670 (D. Utah Nov. 29, 2021).
- Babcock v. Kijakazi, No. 2:20-cv-00434 (D. Utah Nov. 22, 2021).
- Lewis v. Kijakazi, No. 2:21-cv-00028 (D. Utah Dec. 14, 2021).
- Redding v. Kijakazi, No. 2:20-cv-00220 (D. Utah Jan. 7, 2022).
- Sutton v. Kijakazi, No. 2:20-cv-00841 (D. Utah Jan. 24, 2022).
- Turner v. Kijakazi, No. 2:20-cv-00776 (D. Utah Jan. 20, 2022).
- Smith v. Kijakazi, No. 2:20-cv-00681 (D. Utah Jan. 31, 2022).
- Jensen v. Kijakazi, No. 4:20-cv-00142 (D. Utah Feb. 9, 2022).
- Hepworth v. Kijakazi, No. 4:20-cv-00120 (D. Utah Feb. 22, 2022).
- Byrge v. Kijakazi, No. 2:21-cv-00278 (D. Utah Mar. 4, 2022).
- Swinson v. Kijakazi, No. 2:20-cv-00830 (D. Utah Mar. 29, 2022).
- Barnhurst v. Kijakazi, No. 2:21-cv-00228 (D. Utah Apr. 22, 2022).
- Anderson v. Kijakazi, No. 4:21-cv-00034 (D. Utah May 6, 2022).
- Watkins v. Kijakazi, No. 2:21-cv-00052 (D. Utah May 2, 2022).
- Tucker v. Kijakazi, No. 2:21-cv-00419 (D. Utah Apr. 26, 2022).
- Lofthouse v. Kijakazi, No. 4:21-cv-00040 (D. Utah May 17, 2022).
- Simpson v. Kijakazi, No. 2:21-cv-00369 (D. Utah July 14, 2022).
- Abdulkadir v. Kijakazi, No. 2:21-cv-00160 (D. Utah July 21, 2022).
- Parker v. Kijakazi, No. 1:21-cv-00033 (D. Utah July 26, 2022).
- Leyba v. Kijakazi, No. 1:21-cv-00060 (D. Utah July 14, 2022).
- Van Wagoner v. Kijakazi, No. 2:21-cv-00622 (D. Utah July 26, 2022).
- Merch. v. Kijakazi, No. 4:21-cv-00113 (D. Utah July 8, 2022).
- Anderson v. Kijakazi, No. 1:21-cv-00101 (D. Utah July 26, 2022).
- Warner v. Kijakazi, No. 2:21-cv-00351 (D. Utah July 8, 2022).
- Mulder v. Kijakazi, No. 1:21-cv-00044 (D. Utah Aug. 23, 2022).
- Sloan v. Kijakazi, No. 1:22-cv-00019 (D. Utah Aug. 26, 2022).
- Gibb v. Kijakazi, No. 4:21-cv-00122 (D. Utah Sept. 27, 2022).
- Harrison v. Kijakazi, No. 2:20-cv-00668 (D. Utah Sept. 8, 2022).
- Hardy v. Kijakazi, No. 2:22-cv-00188 (D. Utah Oct. 12, 2022).
- Griego v. Kijakazi, No. 2:21-cv-00623 (D. Utah Oct. 17, 2022).
- Sutton v. O'Malley, No. 2:23-cv-00826 (D. Utah Aug. 1, 2024).
- Greenhalgh v. Soc. Sec. Admin., No. 1:19-cv-00404 (D.N.M. Sept. 9, 2020).
At page 792 Declining to address issues when error affects analysis as a whole27 citing casesThe ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.
- Garcia v. Comm'r, Soc. Sec. Admin., No. 1:23-cv-00218 (D. Colo. Dec. 8, 2023).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.)
- Contreras v. Comm'r, Soc. Sec. Admin., No. 1:21-cv-00380 (D. Colo. Sept. 30, 2022).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues [the plaintiff] raises on appeal.)
- Gross v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-03684 (D. Colo. Mar. 31, 2022).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.)
- Lopez v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-02498 (D. Colo. Mar. 29, 2022).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.)
- Salazar v. Comm'r, Soc. Sec. Admin., No. 1:18-cv-01420 (D. Colo. Mar. 17, 2021).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.)
- Hoskins v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-03685 (D. Colo. Mar. 16, 2021).(The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal.)
- Thornhill v. Kijakazi, No. 4:22-cv-00093 (D. Utah Aug. 8, 2023).(declining to address other issues raised on appeal when the ALJ’s error affected the analysis as a whole)
- Moreno v. Colvin, 179 F. Supp. 3d 991 (D. Colo. 2016).published
- Hawkes v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00215 (D. Colo. Dec. 16, 2019).
- Rendon-Garcia v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00219 (D. Colo. Feb. 14, 2020).
Show 17 more citing cases
- Tonder v. Comm'r, Soc. Sec. Admin., No. 1:18-cv-03302 (D. Colo. Jan. 10, 2020).
- Khaling v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00700 (D. Colo. Mar. 17, 2020).
- Thibou v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00981 (D. Colo. June 2, 2020).
- Hinrichs v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-00994 (D. Colo. July 7, 2020).
- Abachiche v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-01872 (D. Colo. Sept. 14, 2020).
- Barela v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-02997 (D. Colo. Jan. 4, 2021).
- Petti v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-03311 (D. Colo. Feb. 3, 2021).
- Kevan v. Comm'r of Soc. Sec., No. 1:21-cv-03028 (D. Colo. Nov. 10, 2022).
- Wedel v. Comm'r of Soc. Sec. Admin., No. 5:20-cv-00659 (W.D. Okla. Sept. 27, 2021).
- Menendez v. Soc. Sec. Admin., No. 3:18-cv-01962 (D.P.R. Oct. 2, 2020).
- Slater v. Saul, No. 2:19-cv-00385 (D. Utah Mar. 25, 2020).
- Henderson v. Saul, No. 4:20-cv-00039 (D. Utah May 7, 2021).
- Fiduccia v. Kijakazi, No. 4:20-cv-00080 (D. Utah July 26, 2021).
- Peterson v. Kijakazi, No. 4:20-cv-00081 (D. Utah Aug. 5, 2021).
- Bellman v. Kijakazi, No. 4:21-cv-00127 (D. Utah July 19, 2022).
- Anderson v. Comm'r of Soc. Sec. Admin., No. 5:25-cv-00060 (W.D. Okla. July 11, 2025).
- Greenhalgh v. Soc. Sec. Admin., No. 1:19-cv-00404 (D.N.M. Sept. 9, 2020).
At page 791 ALJ error for not requesting existing medical test results4 citing casesholding “that the ALJ committed legal error by not requesting [claimant’s] rheumatoid factor test results from the medical source listed on the bill [or other sources],” where claimant “was not represented by counsel
- McClure v. Comm'r of Soc. Sec. Admin., No. 5:22-cv-00548-P (W.D. Okla. July 7, 2023).Such need is clearly established when “evidence in the record establishes a reasonable possibility of the existence of a disability and the result of the [CE] could reasonably be expected to be of material assistance in resolving the issue…
- Madrid v. Astrue, 243 F. App'x 387 (10th Cir. 2007).unpublished
- McDonald v. Comm'r of the Soc. Sec. Admin., No. 5:20-cv-01097 (W.D. Okla. Feb. 15, 2022).
At page 789 Determining finality of administrative agency decisions3 citing cases
- Blea v. Barnhart, 466 F.3d 903 (10th Cir. 2006).published
- Garcia v. Comm'r, SSA, 817 F. App'x 640 (10th Cir. 2020).unpublished
v.
Jo Anne B. BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee
Claimant Tony L. Madrid appeals from a district court order affirming the Commissioner’s denial of his application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and we reverse and remand for further proceedings. [1]
I. Background
Mr. Madrid filed for benefits in December 2002, alleging an inability to work since September 2002 due to bilateral carpal tunnel syndrome and pain in his neck, shoulders, elbows, wrists, back, knees, ankles, and feet. The agency denied Mr. Madrid’s application for benefits initially and on reconsideration. He then requested and received a de novo hearing before an administrative law judge (ALJ). Mr. Madrid, who appeared at the hearing pro se, testified about his physical ailments and part-time employment. Shortly thereafter, the ALJ issued a written decision denying Mr. Madrid benefits at step five of the five-step sequential evaluation process. See Williams v. Bowen, 844 F.2d 748, 750-52 (10th Cir.1988) (detailing 20 C.F.R. § 404.1520’s five-step process).
At step one, the ALJ concluded that Mr. Madrid’s part-time work did not constitute substantial gainful activity. At steps two and three, the ALJ concluded that although Mr. Madrid did have severe impairments — mild degenerative joint disease in both knees and mild carpal tunnel syndrome affecting his left wrist — neither impairment met or equaled any impairment described in the listing of impairments. The ALJ further concluded that Mr. Madrid retained the residual functional capacity (RFC) for a range of light work with the following restrictions: no more than occasional bending, stooping, gripping, fingering, or feeling (thereby precluding sedentary jobs that require fine dexterity), and no exposure to hazards such as exposed heights or open machinery. Accordingly, the ALJ concluded at step four that Mr. Madrid could not return to his past relevant work as a school custodian, fence erector, or laborer, because those positions required exertion beyond his RFC. After considering the vocational expert’s (VE’s) testimony and Mr. Madrid’s RFC, age (forty-three), education (schooling through eighth grade), and work experience, the ALJ concluded at step five that Mr. Madrid was not disabled because he could perform other work that exists in significant numbers in the regional and national economies; for example, parking lot attendant, amusement or recreational attendant, cardroom attendant, and ticket taker.
, The Appeals Council denied Mr. Madrid’s request for review of the ALJ’s decision. Mr. Madrid then secured the services of an attorney and filed a complaint in federal district court. The district court affirmed the ALJ’s denial of benefits and this appeal followed.
II. Standard of Review and Discussion
Because the Appeals Council denied review, the ALJ’s decision is the[*790] Commissioner’s final decision for purposes of this appeal. Doyal v. Barnhart, 331 F.3d 758, 759 (10th Cir.2003); 20 C.F.R. § 404.981. In reviewing the ALJ’s decision, “we neither reweigh the evidence nor substitute our judgment for that of the agency.” Casias v. Sec’y of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). Instead, we review the ALJ’s decision only to detei'mine whether the correct legal standards were applied and whether the factual findings are supported by substantial evidence in the record. See Doyal, 331 F.3d at 760.
Mr. Madrid raises three issues on appeal. He asserts that the ALJ did not adequately develop the record, substantial evidence does not support the ALJ’s RFC determination, and substantial evidence does not support the hypothetical questions the ALJ posed to the VE.
We turn first to Mr. Madrid’s allegations that the administrative record was deficient. At the heart of this • challenge is whether Mr. Madrid suffers from some sort of rheumatological disorder. Specifi [1] cally, Mr. Madrid contends that the ALJ failed to fulfill his heightened duty to develop the record because he did not request Mr. Madrid’s rheumatoid factor test results, order a consultative rheumatological exam, recontact two physicians who independently diagnosed Mr. Madrid with “Painful Upper Limbs” and opined that he could not return to work for three or four months, ApltApp., Vol. I at 147, 181, and request medical treatment notes or records generated after May 2003. [2]
“It is beyond dispute that the burden to prove disability in a social security case is on the claimant.” Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997); 20 C.F.R. § 404.1512(a) (“[Y]ou must bring to our attention everything that shows that you are ... disabled.”). Nevertheless, because a social security disability hearing is a nonadversarial proceeding, the ALJ is “responsible in every case ‘to ensure that an adequate record is developed during the disability hearing consistent with the issues raised.’ ” Hawkins, 113 F.3d at 1164 (quoting Henrie v. United States Dep’t of Health & Human Servs., 13 F.3d 359, 360-61 (10th Cir.1993)); 20 C.F.R. § 404.944 (requiring the ALJ to “look[] folly into the issues”). Generally, this means that the “ALJ has the duty to ... obtain[ ] pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996). Moreover, the ALJ’s “duty is heightened” when a claimant, like Mr. Madrid, appears before the ALJ without counsel. Henrie, 13 F.3d at 361; Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir.1992) (same); see also Dixon v. Heckler, 811 F.2d 506, 510 (10th Cir.1987) (“The [ALJ’s] duty of inquiry takes on special urgency when the claimant has little education and is unrepresented by counsel.”).
Mr. Madrid contends that the ALJ could have easily requested his existing rheumatoid factor test results but “[fin-stead, the ALJ simply concluded that the claimant had no rheumatological disorder and then penalized [him] for not producing evidence to the contrary.” Aplt. Opening Br. at 9. We agree with Mr. Madrid.
The record demonstrates that Mr. Madrid’s treating orthopaedic physician, Dr. Hussain, referred Mr. Madrid to the rheu-matology department on May 19, 2003, for an evaluation of “bilat[eral] multiple join[*791] pain ... hands, elbows, shoulders ... knees ... feet.” ApltApp., Vol. I at 173. Mr. Madrid thereafter underwent a rheumatoid factor test. [3] A bill for the test is included in the record, and it identifies the physician who requested the test, Alan M. Firestone, and lists as the test date June 23, 2003. The record also contains an August 18, 2003 “Lab Request Form” for a rheumatoid factor test “ASAP,” which form is signed by Mr. Madrid’s primary care physician, Dr. Bath. Id., Vol. I at 117.
In his written decision denying benefits the ALJ acknowledged that Mr. Madrid was referred for a rheumatology work-up and that a rheumatoid factor test was performed, but the ALJ apparently dismissed the possibility of a rheumatological disorder because “the record . .. [contained] no evidence of results of a rheumatology work-up.” Id., Vol. I at 15. Under the circumstances, we hold that the ALJ committed legal error by not requesting Mr. Madrid’s rheumatoid factor test results from the medical source listed on the bill, from Dr. Hussain, or from Dr. Bath. See 20 C.F.R. § 404.1512(e) (outlining circumstances under which ALJ will recontact medical source(s)). This failure is especially troubling because Mr. Madrid was not represented by counsel at his December 2003 administrative hearing, the test results were in existence at the time of the hearing and apparently available, and the ALJ was aware the test was performed. See Carter, 73 F.3d at 1022; see also Baker v. Bowen, 886 F.2d 289, 291 (10th Cir.1989) (holding Secretary failed to fulfill his duty to fully and fairly develop the record by neglecting to obtain, among other things, existing “laboratory results ... from [pro se claimant’s] treating physician”); of. Hawkins, 113 F.3d at 1167 (“[I]n a counseled case, the ALJ may ordinarily require counsel to identify the issue or issues requiring further development.”). We therefore remand for further development of the record concerning Mr. Madrid’s claims of a rheumatological disorder. If, on remand, Mr. Madrid’s rheumatoid factor test results are not readily available, or the test results, standing alone, are not dispositive in determining whether ' Mr. Madrid has a severe rheumatological disorder that interferes with his ability to do any substantial gainful activity, the ALJ may need to order a consultative rheuma-tological examination. 20 C.F.R. § 404.1512(f) (“If the information we need is not readily available from the records of your medical treatment source, or we are unable to seek clarification from your medical source, we will ask you to attend one or more consultative examinations at our expense.”); Hawkins, 113 F.3d at 1166 (“[W]here the medical evidence in the record is inconclusive ... a consultative examination is often required foi proper resolution of a disability claim.”). “[T]he ALJ should order a consultative exam when evidence in the record establishes a reasonable possibility of the existence of a disability and the result of the consultative exam could reasonably be expected to be of material assistance in resolving the issue of disability.” Hawkins, 113 F.3d at 1169 (emphasis added). In the same vein, where additional tests are required to explain a diagnosis already in the record, in this cáse, “Painful Upper Limbs,” Aplt. App., Vol. I at 147,181, “resort to a consultative examination may be necessary.”[*792] Hawkins, 113 F.3d at 1166. Although the current state of the record suggests that a consultative exam may be necessary, we leave the decision whether to order a consultative exam up to the ALJ. Compare Hawkins, 113 F.3d at 1166 (“[T]he Secretary has broad latitude in ordering consultative examinations.”); with 20 C.F.R. § 404.1519a(b) (situations requiring a consultative examination).
We are not, however, persuaded by Mr. Madrid’s allegation that the ALJ committed legal error by failing to request treatment notes or records generated after May 2003. Mr. Madrid’s claim is simply too general; we do not know if the records he thinks the ALJ should have obtained are pertinent or available. Carter, 73 F.3d at 1022.
III. Conclusion
The ALJ’s failure to develop the record affected the disability analysis as a whole and we therefore do not address the other issues Mr. Madrid raises on appeal. The decision of the district court is REVERSED and this case is REMANDED to that court with instructions to remand the case to the Commissioner for further proceedings.
. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
. The Commissioner asserts that Mr. Madrid did not raise this issue before the district court, Aplee. Br. at 16, but the Commissioner is mistaken. See Aplt.App., Vol. II at 44 2. The issue was raised in the district court and we therefore consider it.
. A rheumatoid factor test is a blood test that measures the presence and level of rheumatoid factor, an indicator of rheumatoid arthritis as well as other autoimmune and infectious diseases. See Dorland's Illustrated Medical Dictionary 649 (19th ed.2000) and Stedman’s Medical Dictionary 645 (27th ed.2000). We therefore reject the Commissioner's contention that "the rheumatoid test would have added nothing meaningful to the record.” Aplee. Br. at 18.