McGlocklin v. Chater

948 F. Supp. 589 (1996)

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McGlocklin v. Chater

United States District Court for the Western District of Virginia
948 F. Supp. 589 (1996)

  • Written by Nicole Gray , JD

Facts

Nancy B. McGlocklin (plaintiff) applied for disability insurance benefits. According to McGlocklin’s earnings record, she had earned 40 quarters of coverage. However, McGlocklin only had 19 quarters of coverage for the 40-quarter period ending with the quarter she claimed that she became disabled. If McGlocklin would have earned $1 more in that 40-quarter period, she would have earned an extra quarter, giving her 20 quarters of coverage for that period. Following a hearing, an administrative-law judge (ALJ) held that McGlocklin was entitled to benefits because her earnings shortfall was de minimis; therefore, she was entitled to an extra quarter of coverage. The appeals council reopened the ALJ’s decision after finding good cause because the evidence of record showed a clear error because individuals must make the amount set by regulations to earn a quarter of coverage. The appeals council allowed McGlocklin to submit evidence and request a hearing, but she did not. The council denied McGlocklin benefits because she earned 19 quarters of coverage instead of 20 despite the argument that she was entitled to round up to gain a quarter of coverage. McGlocklin appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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