313 F. Supp. 3d 562
S.D. Ill.2018Background
- Shawn Colbert applied for SSI in January 2014; an ALJ denied benefits after a January 20, 2016 hearing and the Appeals Council declined review, making the ALJ's decision final.
- Colbert's claimed impairments: psychiatric disorders (depression, auditory hallucinations), substance dependence in remission (since 2012), status post left knee arthroscopy with ambulation limits (uses prescribed cane), obesity, hypertension, pseudo tumor/headaches, glaucoma, and later-diagnosed tenosynovitis of the wrist.
- At the hearing Colbert testified to medication side effects (drowsiness, increased appetite), limited walking/standing, need to sit while cooking, independent travel by bus, regular church attendance, weekly therapy, and minimal work history.
- The ALJ found several severe impairments, concluded none met Listing criteria (including Listings 12.04/12.09), and assessed an RFC for a limited range of sedentary work with both exertional and nonexertional restrictions.
- The ALJ gave great weight to consultative examiners (Drs. Fujiwaki and Thukral) and treating psychiatrist Dr. Tarsha Hunter, but gave little weight to treating psychiatrist Dr. Michael Hargrove, whose Medical Source Statement asserted marked limitations.
- Relying on vocational expert testimony that jobs existed consistent with the RFC, the ALJ found Colbert not disabled; the district court affirmed, concluding the ALJ's findings were supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Colbert met Listing 12.04 (affective disorders) | Colbert contends her marked limitations (per treating psychiatrist) meet Listing 12.04 | Commissioner argues record shows only mild-to-moderate restrictions and no paragraph B or C criteria met | Court held ALJ's step‑three finding that Listings not met is supported by substantial evidence |
| Weight given to treating psychiatrist Dr. Hargrove's opinion | Hargrove's long-term treating opinion of marked limitations should receive controlling/deferential weight | ALJ gave little weight: opinion inconsistent with Hargrove's own notes, other treatment records, GAF scores, and claimant's functional reports | Court held ALJ permissibly discounted Hargrove and reasonably relied on consultative/treating records; no remand required |
| Consideration of medication side effects | ALJ failed to evaluate side effects (drowsiness) per 20 C.F.R. standards | ALJ considered and summarized testimony and records, and substantial evidence supports credibility finding that side effects were not disabling | Court held ALJ adequately considered side effects and credibility and did not err |
| Failure to include limitations for wrist (tenosynovitis), headaches/pseudo tumor, and glaucoma | RFC should have included manipulative and vision limits based on diagnoses and later records | Medical records (consultative exams, vision testing, lack of functional findings) do not show work‑limiting deficits; diagnoses alone insufficient | Court held ALJ reasonably omitted additional limits; substantial evidence supports RFC as formulated |
Key Cases Cited
- Selian v. Astrue, 708 F.3d 409 (2d Cir.) (standard of review: substantial evidence)
- Greek v. Colvin, 802 F.3d 370 (2d Cir.) (treating physician "good reasons" requirement)
- Halloran v. Barnhart, 362 F.3d 28 (2d Cir.) (treating physician weight and remand where ALJ fails to give good reasons)
- Veino v. Barnhart, 312 F.3d 578 (2d Cir.) (ALJ resolves genuine conflicts in medical evidence)
- Diaz v. Shalala, 59 F.3d 307 (2d Cir.) (consultative examiner opinions can constitute substantial evidence)
- Kohler v. Astrue, 546 F.3d 260 (2d Cir.) (GAF score interpretation)