Allman v. Colvin
2016 U.S. App. LEXIS 3103
| 10th Cir. | 2016Background
- Michael Allman sought Social Security disability benefits alleging spina bifida, brain shunt, chronic back pain, headaches, depression, and anxiety.
- An ALJ found several impairments non-severe but otherwise determined RFC allowed work in significant numbers.
- The ALJ considered headaches in the RFC evaluation though at step two he deemed headaches non-severe.
- The ALJ gave little weight to treating psychiatrist Dr. Erica Sun’s opinion regarding cognitive and functional limitations.
- Appeals Council and district court denied benefits; the district court adopted the magistrate judge’s recommendation and rejected Allman’s objections.
- On appeal, Allman challenged the step-two severity finding, the step-four consideration of headaches, and the weight given to Dr. Sun’s opinion; the panel affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether headaches are a severe impairment at step two | Allman asserts headaches are severe impairments contributing to disability. | Defendant contends headaches are non-severe and properly considered non-disabling. | Headaches not severe; burden met by other impairments |
| Whether the ALJ adequately considered headaches with other impairments at step four | Allman argues headaches in combination with other impairments were not properly weighed. | ALJ adequately considered headaches and their limiting effects in RFC. | ALJ's consideration of headaches supported by record |
| Whether the ALJ properly weighed Dr. Sun’s treating-physician opinion | Allman contends Dr. Sun’s opinion should receive controlling or greater weight. | ALJ reasonably gave little weight to Dr. Sun based on inconsistency with record. | Substantial evidence supports ALJ’s weight assessment |
Key Cases Cited
- Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009) (step-two framework and severe impairment discussion)
- Langley v. Barnhart, 373 F.3d 1116 (10th Cir. 2004) (de minimis step-two standard and need for one severe impairment)
- Oldham v. Astrue, 509 F.3d 1254 (10th Cir. 2007) (one severe impairment sufficient to proceed past step two)
- Pisciotta v. Astrue, 500 F.3d 1074 (10th Cir. 2007) (treating-physician weight framework and consideration factors)
- Haga v. Astrue, 482 F.3d 1205 (10th Cir. 2007) (ALJ may resolve conflicts in record and not reweigh evidence)
- Zoltanski v. FAA, 372 F.3d 1195 (10th Cir. 2004) (deferring to agency’s credibility determinations when supported by record)
- Crow v. Shalala, 40 F.3d 323 (10th Cir. 1994) (forfeiture rule in raising arguments not preserved below)