Golosh v. Commissioner of Social Security, 1:15-cv-00634

Plaintiff Diana Golosh applied for Disability Insurance Benefits (DIB) alleging onset September 10, 2012; claim denied administratively and by ALJ; Appeals Council denied review.
ALJ found severe impairments: fibromyalgia, healed lower-extremity fracture, obesity, and affective disorder; not disabling under the Listings.
RFC: limited range of light work; never climb ladders/ropes/scaffolds; frequent ramps/stairs, balance, stoop, kneel, crouch, crawl; avoid concentrated vibration/hazards; simple routine tasks; no production-rate work; occasional coworker/supervisor interaction; minimal public contact.
ALJ found plaintiff not fully credible regarding symptom severity and unable to perform past relevant work.
VE testified ~110,779 national jobs fit the RFC; ALJ used Rule 202.14 as a framework and concluded plaintiff not disabled.
Plaintiff challenged ALJ’s failure to consider applying the higher (advanced-age) vocational category in a borderline-age situation (~4.5 months short of age 55).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ erred by not applying the higher age category in a "borderline" situation under 20 C.F.R. § 404.1563(b)	Golosh: ALJ should have considered using the older age category because she was only 4 months, 13 days from 55 and had "additional vocational adversities."	Comm’r: ALJ properly applied age category; plaintiff was not within a few days to a few months and raised no borderline argument at hearing; ALJ’s classification as "closely approaching advanced age" was sufficient.	Magistrate: No reversible error. ALJ’s treatment of age complied with Bowie and regulations; plaintiff not so close to the next category nor shown to have substantial additional vocational adversities.

Elam ex rel. Golay v. Commissioner, 348 F.3d 124 (6th Cir. 2003) (standard of review—substantial evidence governs).
Buxton v. Halter, 246 F.3d 762 (6th Cir. 2001) (scope of review and "zone of choice" for Commissioner).
Heston v. Commissioner, 245 F.3d 528 (6th Cir. 2001) (definition of substantial evidence).
Jones v. Commissioner, 336 F.3d 469 (6th Cir. 2003) (Commissioner’s decision must stand if supported by substantial evidence).
McClanahan v. Commissioner, 474 F.3d 830 (6th Cir. 2006) (administrative findings conclusive if supported by substantial evidence).
Bogle v. Sullivan, 998 F.2d 342 (6th Cir. 1993) (if supported by substantial evidence, ALJ’s determination stands even if evidence could support opposite conclusion).
Bowie v. Commissioner, 539 F.3d 395 (6th Cir. 2008) (regulations do not require ALJs to address borderline-age situations in every case; dicta describes when extra consideration may be needed).