Biden Judges Issue 2-1 Decision Giving Man with Mental Health Conditions Another Opportunity to Demonstrate Eligibility for Social Security Disability Payments
Judges Holly Thomas and Anthony Johnstone, who were nominated by President Biden to the Ninth Circuit, wrote a 2-1 opinion that reversed an administrative decision by the Social Security Administration (SSA) and give a man suffering from mental health conditions another opportunity to prove eligibility for social security disability payments. Trump judge Daniel Collins dissented. The November 2024 decision was in Romero v O’Malley.
What happened in this case?
Rony Romero applied for disability insurance payments from SSA, based on mental health conditions that he contended make him unable to work. He testified that he has experienced “memory problems, depression, delusions, auditory hallucinations, and severe insomnia three to four days each week.” The overall diagnostic record showed that he “consistently reported experiencing psychosis, depression, anxiety, and insomnia,” which physicians had attempted to manage by adjusting his medications and treatment plan. An ALJ, however, ruled against Romero, based largely on medical consultants’ reports. Both the agency and a federal district court agreed, and the case went to the Ninth Circuit.
How did Judges Thomas and Johnstone rule and why is it important?
The Ninth Circuit opinion by Judge Thomas and Judge Johnstone reversed the decision against Romero and sent the case back to the agency so he can have another opportunity to prove his eligibility for disability payments. Based on a careful review of the record, they found that the ALJ failed to provide “specific, clear and convincing reasons” for discounting Romero’s testimony about his symptoms and rejecting the testimony of a medical expert who supported his claims. They also concluded that there was not “substantial evidence” to support agency medical experts’ conclusion that Romero is able to work.
The opinion by Judges Thomas and Johnstone is obviously important to the effort by Rony Romero to qualify for and obtain social security disability benefits. It may also be useful in other cases concerning social security disability, particularly in the Ninth Circuit, which includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. In addition, the ruling serves as a reminder of the importance of confirming fair-minded judges to our federal courts.
