Cabrera v. Commissioner of Social Security Administration
1:14-cv-23071
S.D. Fla.Aug 24, 2015Background
- Plaintiff Regla Cabrera applied for SSI (Title XVI) on Jan 21, 2011 alleging disability from depression with psychotic features; ALJ denied benefits on Feb 22, 2013; Appeals Council denied review and district court considered the administrative record.
- Medical record: prior outpatient psychiatric medication management (2006–2009); consultative psychological exam (Dr. Miro, Feb 2011) diagnosed major depressive disorder, GAF 55, opined claimant not competent for employment.
- Treating provider Dr. Guari Mascaro (primary care, treated 2011–2012) completed Medical Source Statements asserting moderate to marked limitations, but treatment notes showed improvement on medication.
- State psychological consultant (Dr. Bauer) reviewed records and opined capacity for simple to mildly complex tasks and ability to sustain routine work at an appropriate pace.
- ALJ found severe affective disorder, RFC for full range of work at all exertional levels but limited to carrying out short, simple instructions (unskilled work), no past relevant work, and applied the Medical-Vocational Guidelines (Grid) to find claimant not disabled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appeals Council erred by denying review of newly submitted evidence | Cabrera: new records (Dr. Mascaro affidavit; additional notes) warranted remand | Commissioner: evidence cumulative or not outcome-changing; Appeals Council considered it | Denied remand — Council considered the evidence and it did not establish error in ALJ's decision |
| Weight accorded to medical opinions (Drs. Mascaro, Miro, Bauer) | Cabrera: ALJ improperly discounted treating and consultative opinions showing greater limitations | Commissioner: ALJ gave reasons (inconsistency with treatment notes, reliance on claimant’s subjective reports, lack of objective support); gave considerable weight to state reviewer | Court: ALJ provided substantial-evidence-supported reasons to give little weight to Mascaro and Miro and proper weight to Bauer |
| Credibility of subjective complaints (pain/mental symptoms) | Cabrera: ALJ improperly discredited her testimony about symptom severity and functional limits | Commissioner: ALJ relied on conservative treatment, improvement with meds, absence of objective findings and hospitalization, and inconsistent daily activities | Held: ALJ articulated adequate, explicit reasons; credibility finding supported by substantial evidence |
| Use of Grids vs. vocational expert given non-exertional limitations | Cabrera: ALJ should have obtained VE because of non-exertional (mental) limitations | Commissioner: Non-exertional limits did not significantly erode unskilled occupational base; Grids applicable | Held: ALJ validly relied on the Grids; VE not required where non-exertional limitations do not significantly limit unskilled work |
Key Cases Cited
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (standard for substantial evidence review of administrative findings)
- Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155 (11th Cir. 2004) (medical opinions and reliance on claimant reports)
- Phillips v. Barnhart, 357 F.3d 1232 (11th Cir. 2004) (when ALJ may rely on the Grids despite non-exertional limitations)
- Wilson v. Barnhart, 284 F.3d 1219 (11th Cir. 2002) (requirements for articulating reasons when discrediting subjective testimony)
- MacGregor v. Bowen, 786 F.2d 1050 (11th Cir. 1986) (treating physician rule and "good cause" to discount treating opinion)