Bauerly v. Commissioner of Social Security
5:13-cv-04048
N.D. IowaJun 25, 2014Background
- In Northern District of Iowa, Bauerly v. Colvin, No. C 13-4048-MWB, Judge Bennett adopts R&R denying disability benefits.
- The R&R, filed March 11, 2014, recommends affirming the SSA Commissioner’s denial of Title II and XVI benefits.
- Bauerly filed objections to the R&R challenging the ALJ’s evaluation of medical opinions, credibility of testimony, and vocational evidence.
- The ALJ found Bauerly’s ankle injury not disabling due to treatment and lack of 12-month durational impairment.
- Judge Bennett concluded Bauerly’s objections do not warrant reversal and affirmed the Commissioner’s decision, adopting the R&R.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evaluation of medical opinions | Bauerly contends the ALJ erred in weighing Hisabeck and Pisitkul. | Bauerly’s objections insufficient; ALJ properly weighed medical opinions. | No reversible error; substantial evidence supports the weighing. |
| Bauerly’s credibility | ALJ’s view tainted by objective evidence; credibility not properly weighed. | Credibility evaluated within substantial evidence framework. | No remand; credibility determination supported by record. |
| VE testimony and SSR 96-9p | VE failed to explain dexterity conflicts; SSR 96-9p supports disabled finding. | VE evidence integrated with RFC; SSR 96-9p not controlling for disability here. | VE testimony supports multiple jobs; SSR 96-9p not mandating disability. |
| Durational requirement (12 months) | Ankle impairment durationally qualifies as disabling. | Impairment not lasting 12 months; surgery in Jan 2012. | Not met; 12-month durational requirement not satisfied. |
| Overall substantial evidence and outcome | Combination of errors requires remand for benefits or further proceedings. | R&R was thorough; record supports non-disability finding. | Decision affirmed; no remand required. |
Key Cases Cited
- Brown v. Barnhart, 390 F.3d 535 (8th Cir. 2004) (ankle impairment controlled by treatment; not disabling)
- Ridenour v. Boehringer Ingelheim Pharm., Inc., 679 F.3d 1062 (8th Cir. 2012) (requirement to present arguments to magistrate; waiver rule)