Blavatt v. Social Security, Commissioner of
5:10-cv-10930
E.D. Mich.Feb 4, 2011Background
- Plaintiff Blavatt challenged the Commissioner’s denial of DIB and SSI benefits in E.D. Mich. civil action no. 10-10930.
- ALJ Kalt found in 2006 that Blavatt was not disabled; Appeals Council denied review, finality to subsequent proceedings.
- Plaintiff amended onset date to August 1, 2006; ALJ Wilenkin held in 2009 that Blavatt was not disabled after de novo review.
- The Appeals Council denied review on January 27, 2010, making the ALJ decision the Commissioner’s final decision.
- The magistrate judge recommends denying Blavatt’s motion for summary judgment and granting the Commissioner’s motion, affirming the decision.
- Plaintiff challenged the RFC, credibility findings, and Step Four determination as insufficient, vague, or erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RFC is incomplete and not supported | Blavatt contends RFC omits limitations and relies on improper weighting | RFC is supported by substantial evidence and consistent with record | RFC supported; no error |
| Credibility finding lacks specificity | ALJ failed to state specific reasons for discounting Blavatt’s testimony | ALJ identified specific inconsistencies and evidence supporting reduced credibility | Credibility finding specific and supported by substantial evidence |
| Step Four determination incorrect | Adoption of Kalt’s Step Four was faulty due to RFC flaw | Wilenkin properly adopted RFC and Step Four; Kalt’s decision binding for purposes | Step Four supported by substantial evidence |
Key Cases Cited
- Sullivan v. Zebley, 493 U.S. 521 (1990) (SSA process limited review; correct legal standards applied)
- Bowen v. Yuckert, 482 U.S. 137 (1987) (five-step evaluation framework for disability claims)
- Longworth v. Comm’r of Soc. Sec., 402 F.3d 591 (6th Cir. 2005) (substantial evidence standard characterized; review narrowed)
- Walters v. Comm’r of Soc. Sec., 127 F.3d 525 (6th Cir. 1997) (credibility determinations require careful consideration; deference to ALJ findings)
- Cruse v. Comm’r of Soc. Sec., 502 F.3d 532 (6th Cir. 2007) (ALJ credibility determinations receive deference; supportive reasoning required)
- Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (ALJ may discount subjective complaints where inconsistent with record)
- Felisky v. Bowen, 35 F.3d 1027 (6th Cir. 1994) (zone of choice concept; reasonable range for agency findings)
- Mullen v. Bowen, 800 F.2d 535 (6th Cir. 1986) (evidence-based review; not de novo reweighing of facts)
- Bass v. McMahon, 499 F.3d 506 (6th Cir. 2007) (substantial evidence review; credibility and RFC intertwined)