Bryant v. Commissioner of Social Security
1:09-cv-00810
S.D. OhioFeb 1, 2011Background
- Bryant, born 1969, has a high school education; prior work as heavy equipment operator, industrial painter, construction worker, loader/operator, and sandblaster.
- Bryant applied for DIB and SSI on January 24, 2006, alleging disability since December 2, 2002 due to arthritis and two herniated discs.
- ALJ Amelia G. Lombardo denied benefits on February 18, 2009 after a de novo hearing.
- ALJ found a degenerative lumbar disc disease impairment, but not meeting/listing criteria, and RFC for light work with positional and postural limits.
- ALJ found Bryant not fully credible and relied on the grid and VE to find other work, denying disability.
- Appeals Council denied review, making the ALJ’s decision the Commissioner’s final decision; Bryant sought judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly weighed treating physicians’ opinions | Bryant; Dr. Pledger and Dr. Kahn should be given substantial weight. | Bryant; ALJ properly weighed non-treating opinion as consistent with record. | Reversed; improper weight given to treating opinions, remand warranted. |
| Whether Bryant met or equaled Listing 1.04 B (arachnoiditis) | Pledger opined meeting/equaling Listing 1.04 B. | No substantial evidence Bryant met Listing; no updated medical expert opinion required. | Remanded for reevaluation of Listing equivalence and accompanying opinions. |
| Whether the RFC and credibility determinations are supported | ALJ failed to articulate proper reasons and misread record evidence. | ACCEPTS credibility findings and RFC as supported by evidence. | Remanded for reconsideration of RFC and credibility with proper reasoning. |
| Whether procedural requirements under SSR 96-6p and SSR 96-7p were satisfied | ALJ should have obtained expert opinion and properly detailed credibility analysis. | No error; no need for additional expert at that stage. | Remand to reassess under SSR standards. |
Key Cases Cited
- Lashley v. Secretary of H.H.S., 708 F.2d 1048 (6th Cir. 1983) (burden shifting and step-two/step-four considerations)
- Kirk v. Secretary of H.H.S., 667 F.2d 524 (6th Cir. 1981) (prima facie disability and burden on Commissioner to show work availability)
- Felisky v. Bowen, 35 F.3d 1027 (6th Cir. 1994) ( pain evaluation factors and credibility framework)
- Blakely v. Commissioner, 581 F.3d 399 (6th Cir. 2009) (treating physician weight and need for explicit reasons)
- Wilson v. Commissioner, 378 F.3d 541 (6th Cir. 2004) (weight assessment and specialty considerations)