Burton v. Commissioner of Social Security
690 F. App'x 398
| 6th Cir. | 2017Background
- Plaintiff Corinna Burton applied for SSI in Feb 2013 alleging disability from diabetes, neuropathy, hypertension, depression, and anxiety; last substantial work as a nursing aide circa 2000–2001.
- Treating providers: Dr. Kevin Malloy (primary care) diagnosed diabetes with neuropathy and opined Burton could not stand/walk more than four hours/day; Dr. Kenneth Tepe (psychiatrist) diagnosed recurrent major depression and opined severe social/occupational limitations.
- Multiple state-agency reviewers and consultative examiners assessed milder limitations: opinions ranged from light to medium work capacity and moderate standing/walking (about six hours/8-hour day); mental-health reviewers found only mild-to-moderate limitations permitting routine, supervised work with limited public contact.
- ALJ found Burton not disabled, adopting a residual functional capacity allowing light work with up to six hours standing/walking and limited, nonpublic, routine tasks; Appeals Council denied review.
- District court affirmed; Sixth Circuit reviews de novo whether the Commissioner’s decision is supported by substantial evidence and proper legal standards.
Issues
| Issue | Burton's Argument | Commissioner/ALJ's Argument | Held |
|---|---|---|---|
| Whether treating physicians’ opinions (Malloy, Tepe) were entitled to controlling or great weight | Malloy and Tepe are long-term treating sources; their opinions are supported by tests and should be controlling or given great weight | ALJ gave "some weight" to treating opinions because they conflicted with other substantial evidence and lacked objective support for the extreme limitations | ALJ did not err; substantial evidence supports giving less-than-controlling weight to treating opinions because of inconsistencies with other record evidence |
| Whether ALJ provided required "good reasons" when not giving treating opinions controlling weight | Burton: ALJ failed to follow regulatory/case-law guidance and did not adequately explain weight given | ALJ articulated specific inconsistencies and rationale (lack of objective findings, stable exam findings, state-agency opinions) | ALJ provided sufficiently specific "good reasons" supported by record evidence |
| Whether ALJ improperly discounted psychiatric opinion of severe social limitations | Burton: Dr. Tepe’s psychiatric opinion should control; ALJ ignored treating status and relied on "second guessing" | ALJ found Tepe’s extreme opinions inconsistent with contemporaneous notes and other mental-health evaluations and partly based on claimant’s self-reports | Held that ALJ permissibly discounted Tepe’s extreme limitations due to inconsistency and reliance on subjective reports |
| Whether the record overall supports ALJ’s RFC and denial of SSI under substantial-evidence standard | Burton: Divergences among non-treating opinions are de minimis and do not overcome treating opinions | Commissioner: State-agency and consultative opinions consistently support greater functional capacity than treating opinions | Substantial evidence supports ALJ’s RFC and denial; remand not required (Gayheart distinguishable) |
Key Cases Cited
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir.) (treating-source opinion controlling if well-supported and consistent; ALJ must give good reasons for discounting)
- Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir.) (remand required where ALJ failed to give good reasons and record had equivalent inconsistencies)
- Cohen v. Sec. of Health & Human Servs., 964 F.2d 524 (6th Cir.) (ALJ not bound by conclusory doctor statements unsupported by objective criteria)
- Gentry v. Comm’r of Soc. Sec., 741 F.3d 708 (6th Cir.) (standard of review and principles for social-security appeals)
- Cole v. Astrue, 661 F.3d 931 (6th Cir.) (substantial-evidence and proper-legal-standards framing of review)
- Kepke v. Comm’r of Soc. Sec., 636 F. App’x 625 (6th Cir.) (ALJ satisfied § 404.1527 by giving good reasons for discounting a treating opinion)