Ivy Darlene Johnson v. Frank Bisignano, Commissioner of Social Security
SocialSecurity DueProcess JusticiabilityDoctri
1. Whether an Administrative Law Judge
(ALJ) violates a claimant 's ,due process rights,
guaranteed by the Fifth Amendment, and fails to
adequately develop the record by omitting or
discounting documented medical evidence that does
not support the Commissioner 's decision to find the
claimant 's affective disorder, hypertension, and
asthma "non-severe, " in violation of federal laws and
regulations, including Sections 205(a) (42 U.S.C. §
405(a)) and 223(a)(d)(5)(C)(i) of the Social Security
Act and 20 CFR §§ 404.1527, 404.1512, 404.935, and
416.1435?
2. Whether an ALJ 's reliance on
arguments not supported by new and convincing
evidence, despite contradictory medical evidence in
the record, constitutes reversible error in
determining the claimant 's residual functional
capacity?
3. Whether an ALJ commits reversible
error by finding a claimant 's hypertension "non-
severe " in the absence of new and convincing
evidence to contradict existing medical
documentation?
Whether an Administrative Law Judge (ALJ) violates a claimant's due process rights by omitting or discounting documented medical evidence when determining disability severity