Douglas v. Commissioner of Social Security, 832 F. Supp. 2d 813

Plaintiff Terry Douglas sought SSI and DIB challenging the denial for the period Oct 14, 2002–May 6, 2006.
ALJ found no disability for Oct 14, 2002–Jan 16, 2005 and for Jan 17, 2005–May 6, 2006.
Magistrate Judge recommended remand for benefits for Jan 17, 2005–May 6, 2006 and affirmed pre-2005 denial.
District Court adopted Magistrate’s recommendations, overruling objections; judgment entered in part for Defendant and in part for Plaintiff.
Court remanded for payment of benefits for the Jan 17, 2005–May 6, 2006 period; terminated by the Southern District of Ohio.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ properly weighed medical opinions	Douglas argues treating Dr. Serio should be controlling	Goeke/agency opinions appropriately weighed	ALJ properly weighed opinions; no error
Whether ALJ considered Hepatitis C treatment effects post-2004	ALJ ignored interferon-treatment effects on Jan 2005 onward	Record supported non-disability; no cumulative impact	Court reversed for that period; remanded for benefits
Whether RFC and credibility supported pre-2005 disability status	Pre-2005 impairments warranted disability	RFC supported by substantial evidence	Substantial evidence supported pre-2005 non-disability finding
Whether immediate benefit award was warranted for Jan 2005–May 2006	Disability established during interferon treatment	Remand unnecessary; no decisive proof of entitlement	Remand for immediate benefits appropriate

Lashley v. Secretary of Health and Human Services, 708 F.2d 1048 (6th Cir.1983) (substantial evidence standard applied to review for disability)
Gibson v. Secretary of Health, Education and Welfare, 678 F.2d 653 (6th Cir.1982) (substantial evidence and deferential review)
Richardson v. Perales, 402 U.S. 389 (Supreme Court 1971) (substantial evidence standard for SSA decisions)
Landsaw v. Secretary of Health and Human Services, 803 F.2d 211 (6th Cir.1986) (definition and application of substantial evidence)