Fowler v. Social Security, Commissioner of, 2:09-cv-14342

Plaintiff Laura Lynn Fowler filed for DIB and SSI disability benefits; initial denial occurred September 26, 2006, leading to a hearing before ALJ Deborah Arnold on December 9, 2008.
ALJ found Fowler not disabled, with a residual functional capacity for a reduced range of sedentary work, and that she could perform a significant number of jobs in the national economy.
Medical evidence shows chronic back and hip pain with degenerative disc disease and related conditions; imaging and examinations over 2004–2008 demonstrated variable findings, including periods of normal spine motion and later radiculopathy.
Between July 2008 and February 2009 Fowler repeatedly sought treatment; records show inconsistent objective findings and little change in medication, with conservative treatment overall.
The Appeals Council denied review on September 3, 2009; the district court reviewed cross-motions for summary judgment, with the report and recommendation favoring upholding the ALJ’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Credibility of pain testimony	Fowler argues the ALJ failed to credibly assess pain per SSR 96-8p.	Commissioner contends credibility weighed against Fowler; substantial evidence supports limited credibility.	ALJ credibility supported by substantial evidence; affirmed.
VE testimony and DOT conflicts	VE testimony conflicts with DOT; SSR 00-4p not properly applied.	No apparent unresolved conflict; VE testimony consistent with DOT; counsel should have raised conflicts.	No reversible error; VE testimony deemed consistent with DOT and properly relied upon.
RFC and step-five proof	RFC does not adequately reflect limitations; error in evaluating Gause’s findings and May 2006 nerve study.	RFC properly grounded in medical record; Dr. Gause findings align with reduced sedentary work; evidence supports non-disability.	RFC's reduced sedentary work limitation supported by substantial evidence.
Treatment consistency and record interpretation	ALJ mischaracterized records (e.g., May 2006 nerve study).	Any misstatement did not provide reversible error given overall substantial evidence.	No reversible error; findings affirmed.

Felisky v. Bowen, 35 F.3d 1027 (6th Cir. 1994) (credibility and the 'zone of choice' in disability reviews)
Mullen v. Bowen, 800 F.2d 535 (6th Cir. 1986) (two-step framework for judicial review of SSA decisions)
Cruse v. Comm’r of Soc. Sec., 502 F.3d 532 (6th Cir. 2007) (credibility and weighing medical opinions in SSA determinations)
Longworth v. Comm’r of Soc. Sec., 402 F.3d 591 (6th Cir. 2005) (substantial evidence standard and deferential review)
Bass v. McMahon, 499 F.3d 506 (6th Cir. 2007) (credibility determinations afforded deference)
Hall v. Bowen, 837 F.2d 272 (6th Cir. 1988) (significance of substantial numbers of jobs in the economy)