Banghart-Brown v. Commissioner Social Security Administration
6:15-cv-01883
D. Or.Nov 21, 2016Background
- Plaintiff Tina L. Banghart-Brown applied for SSI on October 31, 2011 asserting disabling migraine headaches, lumbar degenerative disc disease, major depressive disorder, panic disorder and PTSD; application denied by ALJ on March 28, 2014 and Appeals Council denied review.
- Medical record includes treatment notes from primary care, neurologist (Dr. Mia Schreiner), an examining physician (Dr. Anthony Glassman), and mental‑health providers (PMHNP William Morris; MA Lisa Corallo‑Conner); imaging (CT, MRI) showed no acute intracranial abnormality.
- ALJ found severe impairments: lumbar degenerative disc disease, major depressive disorder, and panic disorder; nonsevere: migraines, left knee pain, ADHD.
- ALJ assessed RFC for light work with additional non‑exertional limits: unskilled routine/repetitive tasks, no public contact, occasional coworker/supervisor contact, up to 7% off‑task, and one absence per month. VE identified representative jobs (mail clerk, office helper).
- Plaintiff challenged credibility finding, discounting of examining and treating opinions (Glassman, Morris, Corallo‑Conner), denial of a consultative psychological exam, and new post‑hearing evidence from Dr. Schreiner. Magistrate Judge recommends affirming Commissioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ALJ credibility discounting of symptom testimony | ALJ failed to give clear and convincing reasons for rejecting her testimony about pain, headaches, and functional limits | ALJ cited specific inconsistencies: daily activities, poor work history, objective findings, treatment noncompliance, and improvement on medication | Court: ALJ gave multiple specific clear and convincing reasons (one error re: addiction finding was harmless) — credibility upheld |
| Weight given to Dr. Anthony Glassman (examining) | Glassman opined migraines require lying down periodically; ALJ improperly gave little weight | ALJ found Glassman relied largely on claimant's subjective report, record lacked objective findings and showed noncompliance with meds | Court: ALJ permissibly discounted Glassman for specific and legitimate reasons supported by record |
| Rejection of "other‑source" mental‑health opinions (Morris, Corallo‑Conner) | ALJ failed to give germane reasons for discounting non‑physician providers' low GAFs and restrictive opinions | ALJ noted internal inconsistencies in those opinions, conflict with other providers' observations and claimant's activities | Court: ALJ provided germane, record‑supported reasons for discounting those other‑source opinions |
| New evidence to Appeals Council (Dr. Schreiner April 2014) | Post‑hearing neurologist opinion shows frequent need to lie down, inability to work >4 days/month, and cognitive problems — compels remand or disability | Appeals Council considered the evidence and found it did not alter ALJ decision; ALJ record already contained similar neurology notes and normal MRI/MMSE | Court: New evidence did not undermine substantial evidence supporting ALJ; Dr. Schreiner’s form was conclusory and duplicative — no remand |
| Step‑5 / RFC sufficiency and VE hypothetical | RFC and VE testimony omitted limitations asserted by Glassman/Schreiner, so Commissioner failed to meet burden to show jobs exist | ALJ incorporated all limitations supported by substantial evidence; properly discredited unsupported restrictive opinions | Court: Hypothetical matched claimant’s established RFC; jobs identified are substantial-economy work — step 5 upheld |
| ALJ duty to develop record / request for consultative psych exam | Plaintiff sought a comprehensive psychological exam (claimed inadequate record & unrecognized sources) | ALJ found record (Douglas County mental‑health records and other treatment notes) sufficient; declined consultative exam | Court: ALJ's duty to develop triggered only if record ambiguous/inadequate; here record adequate — no error |
Key Cases Cited
- Bowen v. Yuckert, 482 U.S. 137 (general five‑step disability framework)
- Smolen v. Chater, 80 F.3d 1273 (credibility: ALJ must give clear and convincing reasons absent malingering)
- Tommasetti v. Astrue, 533 F.3d 1035 (examples of permissible credibility reasons)
- Lingenfelter v. Astrue, 504 F.3d 1028 (substantial evidence standard; court may not reweigh evidence)
- Molina v. Astrue, 674 F.3d 1104 (germane reasons required to discount other‑source evidence)
- Ghanim v. Colvin, 763 F.3d 1154 (treating/examining opinions based on claimant self‑report may be discounted when claimant not credible)
- Carmickle v. Comm'r, 533 F.3d 1155 (harmless‑error principle for flawed credibility reasons)
- Tonapetyan v. Halter, 242 F.3d 1144 (ALJ’s duty to develop record; treating/examining evidence evaluation)