Barbara Combs v. Commissioner of Social Security

I concur in the result of the plurality’s opinion for the claimed disability period post-October 25, 1999. However, I respectfully dissent from the denial of plaintiffs claim for disability benefits for the period of May 30, 1996, through October 25, 1999. Regarding this portion of plaintiffs claim arising prior to the repeal of Listing 9.09, I would remand for a new hearing with instructions to apply 9.09 to the closed period.

I

Title 42 U.S.C. § 405(a) provides the Commissioner of Social Security (“the Commissioner”) with the authority to make reasonable rules and regulations that are…