Facts

Plaintiff Timothy P. filed a lawsuit against the Commissioner of Social Security, Andrew M. Saul, seeking to reverse a prior decision of an administrative law judge denying his disability insurance benefits under Title II of the Social Security Act.

PLAINTIFF'S CONTENTIONS: Plaintiff, 50, had filed an application contending he was disabled because he suffered from agoraphobia, bilateral carpal tunnel syndrome, depression, and impaired cervical discs, which was denied by an ALJ. Years later, Plaintiff filed another application contending he was disabled because he suffered from borderline intellectual functioning, rheumatoid arthritis, emphysema, high blood pressure, and cholesterol. Plaintiff contended that the ALJ erred by improperly applying res judicata because he showed a changed circumstance, rebutting the presumption of nondisability. Plaintiff also contended the ALJ erred in improperly rejecting the medical opinion of his treating physician.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions and relied on the ALJ's determination that res judicata applied because plaintiff did not overcome the presumption of continuing nondisability.

Result

The court granted plaintiff's motion for summary judgment because it found that his diagnosis of borderline intellectual functioning was a changed circumstance, rebutting the presumption of continuing nondisability.