4:13-cv-00054
E.D. Va.Mar 31, 2014Background
- Plaintiff Gelbrich applied for DIB, alleging disability beginning Aug 11, 2009; initial denial with reconsideration; ALJ hearing held Nov 10, 2011; medical records show shoulder surgeries, fibromyalgia/myofascial pain, neck pain, and multiple treatments; state agency reviewers found a limited light-work RFC but were based on incomplete records; ALJ ultimately denied benefits with RFC for a limited light work and sit/stand option; Appeals Council denied review, case proceeded to district court for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of treating physician Topolski’s opinion | Topolski's findings supported by records | Opinion inconsistent with progress notes | ALJ properly gave slight weight to Topolski |
| RFC sit/stand specification | SSR 96-9p requires frequency of sit/stand | SSR not applicable to light work with sit/stand option | No reversible error; RFC includes sit/stand option |
| Plaintiff credibility determination | ALJ erred in rejecting symptoms | Credibility supported by evidence | Credibility supported; no reversible error |
Key Cases Cited
- Craig v. Chater, 76 F.3d 585 (4th Cir. 1996) (ALJ credibility and weight determinations governed by substantial evidence)
- Hays v. Sullivan, 907 F.2d 1453 (4th Cir. 1990) (substantial evidence standard for disability findings)
- Richardson v. Perales, 402 U.S. 389 (Supreme Court 1971) (define substantial evidence standard)
- Coffman v. Bowen, 829 F.2d 514 (4th Cir. 1987) (review of disability determinations for legal error)
- Universal Camera Corp. v. NLRB, 340 U.S. 474 (1951) (credibility and weight of evidence standard)