Brazier v. Social Security Administration, Commissioner
2:11-cv-00028
D. Vt.Oct 26, 2011Background
- Brazier sought review of the Commissioner’s denial of DIB/SSI benefits in Vermont federal court.
- ALJ Merrill found Brazier not disabled from June 24, 2008 to Sept. 13, 2010.
- Brazier had back pain, depression, and anxiety with a long treatment history, including Dr. Alicia Jacobs.
- ALJ weighed Dr. Jacobs’ opinions, giving some weight but not controlling weight due to inconsistencies.
- The decision held Brazier capable of light work with limitations and found past work or other jobs in the economy feasible.
- Brazier’s motion for reversal was denied; Commissioner’s motion to affirm was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Treating physician rule application | Jacobs’ treating-status merits controlling weight. | ALJ properly weighed and found inconsistencies diminish weight. | ALJ correctly applied treating physician rule; substantial evidence supports decision. |
| Regulatory factor consideration for weight | ALJ ignored factors supporting Jacobs’ weight. | ALJ discussed factors and provided good reasons for weight given. | ALJ’s consideration of regulatory factors supported the weight assigned. |
| Duty to develop record | ALJ should have recontacted Jacobs to resolve inconsistencies. | No obligation to recontact where record is complete and adequate. | ALJ not obligated to recontact; adequate record for disability determination. |
| Harmless error grounds | Typographical/clerical errors undermined reasoning. | Errors were harmless and did not change outcome. | Harmless-error analysis supports no remand; result stands. |
Key Cases Cited
- Butts v. Barnhart, 388 F.3d 377 (2d Cir. 2004) ( Five-step framework guidance)
- Ferraris v. Heckler, 728 F.2d 582 (2d Cir. 1984) (Listings comparison at step three)
- Hernandez v. Barnhart, No. 05 Civ. 9586 (S.D.N.Y. 2007) (Remedial construction of SSA)
- Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008) (Good reasons for weight given to treating source)
- Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) (No obligation to recontact when record complete)
- Carvey v. Astrue, 380 F. App’x 50 (2d Cir. 2010) (Record adequate; no sua sponte recontact required)