Gipson v. Commissioner of Social Security Administration, 5:16-cv-01108

Background

Plaintiff June Gipson applied for Disability Insurance Benefits (DIB) alleging onset in 2007; her date last insured was December 31, 2011. The ALJ denied benefits and the Appeals Council denied review. The magistrate judge affirmed the denial.
Medical history: cervical disc herniations treated with anterior cervical corpectomies/fusions in 2007 with postoperative improvement; sparse treatment records from July 2007–Dec 2011 aside from two ER visits.
Post‑insured-period treatment (2013–2015) documents lumbar radiculopathy, increased neck/back complaints, physical therapy, injections, and treating‑physician opinions describing significant functional limits.
Treating psychiatrist records (2006–2014) show diagnoses of major depression and panic disorder with generally improved, medication‑controlled symptoms and intermittent worsening; a 2013/2014 treating opinion suggested work‑week limitations but conflicted with contemporaneous treatment notes.
ALJ RFC: limited to a reduced range of light work, simple/routine/repetitive tasks, simple decisions, not at production pace, limited public/supervisory interaction; relied on state agency reviewers and partial credit to treating opinions.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weight to treating surgeon (Dr. Goswami) opinions (2007, 2013)	ALJ improperly discounted treating opinions, including 2007 post‑op limits and 2013 retroactive restrictions	ALJ permissibly gave little weight to portions inconsistent with post‑op neurosurgeon notes (2007) and to 2013 opinion because it post‑dates DLI and lacks objective support for the insured period	Court: ALJ reasonably discounted inconsistent 2007 restrictions and gave little probative weight to 2013 opinion because it post‑dates DLI and lacks supporting objective evidence for 2007–2011
Weight to treating psychiatrist (Dr. Ivan) opinions	ALJ erred in discounting Dr. Ivan’s opinion that anxiety limited ability to complete a workweek	ALJ permissibly rejected portions of the opinion that conflicted with Dr. Ivan’s own treatment notes showing improvement and medication control	Court: ALJ’s assignment of weight supported by substantial evidence; inconsistencies justified discounting
RFC and state agency psychologists (concentration/pace)	RFC does not account for moderate limitations in concentration/persistence/pace; VE hypothetical inadequate	ALJ incorporated limitations by restricting to simple, routine, repetitive tasks, simple decisions, no production pace; state reviewers’ opinions supported that approach	Court: RFC adequately accommodated reviewers’ findings; limitation to simple routine tasks reasonably captures moderate deficits in concentration/pace
Reliance on post‑DLI evidence to assess disability during insured period	Post‑DLI evidence (2013 opinions/treatment) is probative of earlier condition and should have greater weight	Post‑DLI evidence may be considered only to the extent it illuminates pre‑DLI condition; here it lacked objective support tying limitations to the insured period	Court: ALJ properly discounted post‑DLI treating opinions that lacked objective support during the insured period

Key Cases Cited

Walters v. Comm’r of Soc. Sec., 127 F.3d 525 (6th Cir.) (standard for substantial evidence review)
Jones v. Comm’r of Soc. Sec., 336 F.3d 469 (6th Cir.) (court will not overturn ALJ where substantial evidence supports the decision)
Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir.) (treating‑source rule and factors for weighing medical opinions)
Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir.) (greater deference to treating physicians and when controlling weight applies)
McClanahan v. Comm’r of Soc. Sec., 474 F.3d 830 (6th Cir.) (deference to Commissioner within zone of choice)
Miller v. Comm’r of Soc. Sec., 811 F.3d 825 (6th Cir.) (value and treatment of state agency medical opinions)