Campbell v. SSA, 0:13-cv-00025

Plaintiff Fannie J. Campbell applied for DIB and SSI alleging disability from July 15, 2005 due to depression, fibromyalgia, and heart disease; applications filed in 2010 and denied administratively.
ALJ held a hearing (Nov. 3, 2011), received testimony from Campbell and a vocational expert (VE); ALJ found she cannot perform past nursing work but could perform other jobs per VE.
At Step 2 the ALJ found severe impairments: affective and anxiety disorders, chronic spinal strain, arthralgias/osteoarthritis, fibromyalgia, and coronary artery disease post-MI.
ALJ assessed an RFC limiting Campbell to simple, routine tasks with short instructions and few workplace changes; found her not disabled at Step 5 based on VE testimony.
Appeals Council denied review; Campbell sought judicial review contesting ALJ bias, RFC omissions (concentration/pace), credibility findings (failure to seek treatment), and VE qualifications.
District Court denied Campbell’s summary judgment, granted Commissioner’s motion, and entered judgment affirming the ALJ’s denial of benefits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
ALJ bias at hearing	ALJ prevented attorney from fully cross‑examining VE, showing prejudgment	Record shows extensive questioning, opportunity for cross‑examination; no timely request to disqualify ALJ	No bias; claimant waived late objection and record contains no convincing evidence of prejudice
RFC omissions for concentration/pace	ALJ failed to include limitations in concentration, persistence, and pace despite severe mental impairments	RFC limited to simple, routine tasks supported by medical evidence and consulting examiner opinion	Court upheld RFC; substantial evidence supports omission of additional concentration/pace limits
Credibility—failure to seek treatment	ALJ improperly relied on lack of treatment without first determining if claimant couldn’t afford care	ALJ considered affordability and found evidence of routine care and ability to purchase discretionary items undermining inability‑to‑pay claim	Credibility finding upheld; ALJ properly considered explanations and supported by record
VE qualifications	VE was unqualified to testify	VE resume was shown at hearing and claimant’s counsel expressly stipulated to VE qualifications	Claimant waived challenge by stipulating to VE; VE qualified and testimony relied upon properly

Cutlip v. Sec’y of Health & Human Servs., 25 F.3d 284 (6th Cir. 1994) (defines substantial evidence as more than a scintilla but less than a preponderance)
Mullen v. Bowen, 800 F.2d 535 (6th Cir. 1986) (substantial‑evidence standard and court must not reweigh evidence)
Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (two‑part test for evaluating symptom credibility)
Blacha v. Sec’y of Health & Human Servs., 927 F.2d 228 (6th Cir. 1990) (claimant’s failure to seek treatment may undermine credibility)
Jones v. Comm’r of Soc. Sec., 336 F.3d 469 (6th Cir. 2003) (summarizes five‑step disability evaluation process)