Brownrigg v. Berryhill
688 F. App'x 542
| 10th Cir. | 2017Background
- SSA denied Brownrigg's DIB (and SSI) application; district court affirmed the denial.
- Brownrigg had knee surgeries in 1998-1999; beginning in 2010 he developed chronic back/neck issues with degenerative disc disease and related conditions.
- He underwent back/neck surgeries in 2010-2011 and later experienced intermittent numbness, tingling, and pain.
- He sought DIB and SSI in March 2011; he testified at a 2012 hearing with a VE; ALJ issued a 2012 decision denying disability.
- The ALJ found Brownrigg capable of a full range of sedentary work, found a step-two severe impairment, and applied grids at step five to deny benefits; Appeals Council denied review; district court affirmed; this appeal followed.
- The panel reverses and remands for Luna-based credibility analysis and proper consideration of medical evidence and opinions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pain and credibility analysis under Luna framework | Brownrigg's pain credibility lacked Luna-based analysis. | ALJ concluded credibility based on record; adequate under law. | Merits reversal; remand for Luna-based evaluation. |
| Weight given to Dr. Irvin's treating-opinion | ALJ gave 'little weight' without proper two-step Krauser analysis. | ALJ appropriately weighed evidence; not detailed but permissible. | Merits remand to apply proper two-step framework. |
| Weight and consideration of Kilgore's opinion | ALJ failed to identify and reconcile Kilgore's assessment. | Significant weight given to state agency assessments; inconsistencies acknowledged. | Remand to confirm Kilgore's weight and resolve inconsistencies. |
| Record analysis and VE reliance | ALJ's record analysis and regional/national job base handling were flawed. | Grids can apply; VE testimony limited but not fatal. | Remand to reassess record and, if needed, VE inputs. |
| Citing Stone v. Heckler | Stone citation improper or unnecessary. | Stone's proposition similar to applicable law; not error. | No reversible error shown; remand still required for other issues. |
Key Cases Cited
- Luna v. Bowen, 834 F.2d 161 (10th Cir. 1987) (three-step pain-impairment analysis required by Luna and later cases)
- Keyes-Zachary v. Astrue, 695 F.3d 1156 (10th Cir. 2012) (explanation of factors for evaluating symptoms and credibility)
- Evans v. Chater, 55 F.3d 530 (10th Cir. 1995) (grid usage with non-exertional impairments)
- Thompson v. Sullivan, 987 F.2d 1482 (10th Cir. 1993) (magnitude of grid reliance in presence of non-exertional limitations)
- Kepler v. Chater, 68 F.3d 387 (10th Cir. 1995) (credibility determinations must be supported by substantial evidence)
- Krauser v. Astrue, 638 F.3d 1324 (10th Cir. 2011) (two-step analysis for treating-opinion weight; need for explicit rationale)
- Oldham v. Astrue, 509 F.3d 1254 (10th Cir. 2007) (necessity of explaining weight given to treating sources)
- Drapeau v. Massanari, 255 F.3d 1211 (10th Cir. 2001) (review cannot be fueled by post hoc rationalizations)