480 F. App'x 804
6th Cir.2012Background
- Maloney, diagnosed with schizophrenia, seeks Social Security disability benefits alleging inability to work since August 8, 2003.
- ALJ denied benefits, discounting treating physician Hughett and excluding sister-in-law Bolek's lay testimony.
- Appeals Council denied, district court affirmed; court found treating physician opinion outweighed by the record and lay witness issue waived.
- Medical record shows treatment from 2001-04 for mental health, with various assessments indicating moderate limitations but ongoing function with treatment.
- Plaintiff’s RFC and VE testimony suggested possible sedentary, semi-skilled work, conflicting with Hughett’s more restrictive opinion.
- Key issues concern whether ALJ properly weighed Hughett’s opinion and whether Bolek's testimony was properly considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly rejected the treating physician's opinion. | Maloney argues Hughett's opinion should be controlling. | ALJ properly discounted it due to inconsistency with record and late form. | Yes; ALJ properly discounted Hughett's opinion. |
| Whether the ALJ erred by excluding lay witness Bolek's testimony. | Bolek's testimony should have been heard to support Maloney's limitations. | Waiver; counsel did not raise the issue; record shows no preservation. | Waived; even if preserved, error harmless. |
Key Cases Cited
- Sims v. Apfel, 530 U.S. 103 (U.S. 2000) (duty to develop the record in disability proceedings)
- Nguyen v. Chater, 100 F.3d 1462 (9th Cir. 1996) (lay witness testimony must be credited with reasons if disregarded)
- Stout v. Comm’r of Soc. Sec., 454 F.3d 1050 (9th Cir. 2006) (harmless error standard for lay witness disclosure)
- Brown v. Shalala, 44 F.3d 931 (11th Cir. 1995) (special duty to develop record for pro se claimants)
- City of Riverview v. Surface Transp. Bd., 398 F.3d 434 (6th Cir. 2005) (requirement to raise issues in agency proceedings)
- Sierra Club v. Slater, 120 F.3d 623 (6th Cir. 1997) (supplementation of administrative record considerations)