Bobby E. Solomon v. Commissioner, Social Security Administration, 532 F. App'x 837

Solomon appeals the SSA final decision denying benefits after a closed period for disability insurance from July 26, 2004, to August 15, 2005.
Two prior ALJs found disability during the period but medical improvement as of August 16, 2005, ending disability.
Appeals Council reviewed and again concluded there was medical improvement, ending entitlement on August 16, 2005, while granting a closed period.
Final decision is reviewable as the Commissioner’s; review is for substantial evidence supporting the Appeals Council’s finding.
Evidence showed knee condition improved by August 16, 2005; some capacity to stand/walk and work with limitations; vocational testimony supported non-disability at that time.
Solomon argued obesity must be considered in RFC under SSR 02-1P; the court held obesity was properly considered and not disabling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Medical improvement sufficient to end disability?	Solomon contends there was little to no improvement by Aug. 16, 2005.	Court should evaluate medical evidence comparing old and new records to show improvement.	Substantial evidence supports improvement as of Aug. 16, 2005; no longer disabled.
RFC include obesity under SSR 02-1P?	Obesity was not adequately considered in RFC.	Obesity was considered and deemed severe but not disabling.	Obesity properly considered; not enough to sustain disability.

Falge v. Apfel, 150 F.3d 1320 (11th Cir. 1998) (final decision review when Appeals Council reviews ALJ)
Parker v. Bowen, 788 F.2d 1512 (11th Cir. 1986) (review of the Commissioner’s final decision)
Brown v. Sullivan, 921 F.2d 1233 (11th Cir. 1991) (explicit reasons required for discrediting pain testimony)
Vaughn v. Heckler, 727 F.2d 1040 (11th Cir. 1984) (requirement to evaluate old and new evidence for improvement)
McAulay v. Heckler, 749 F.2d 1500 (11th Cir. 1985) (comparison of original and new medical evidence necessary for improvement finding)