Stout v. Commissioner of Social Security
N/AOUTCOME: Court reversed & remanded for further proceedings
The administrative law judge failed to consider several statements from lay witnesses, including Mr. Stout's sister and brother-in-law, relating to his ability to work. Social Security took the positi ... on that the ALJ's failure to address these statements was "harmless error" and the ALJ's decision would have been the same had he considered the statements. The court held that it is not harmless error when an ALJ fails to discuss "competent lay testimony favorable to the claimant" unless it can be confidently concluded that "no reasonable ALJ, when fully crediting the testimony, could have reached a different disability determination." Mr. Stout's case was sent back to the ALJ for consideration of the lay witness statements, and Mr. Stout was subsequently awarded benefits dating back to 2000. The case is published at 54 F.3d 1050 (9th CIr. 2006).
