Greek v. Colvin
802 F.3d 370
| 2d Cir. | 2015Background
- Kevin Greek, diagnosed with brittle (type I) diabetes with episodes of hypoglycemia, memory loss, and intermittent confusion, applied for SSDI/SSI with an alleged onset of June 19, 2009.
- Treating physician Dr. Renee Wheeler opined Greek was "100% disabled" due to memory loss, intermittent confusion, and diabetes, and would likely miss >4 days of work per month; Dr. Shahana Arshad provided treating notes showing poor glucose control and forgetfulness.
- At hearing a vocational expert testified that an individual limited to simple, routine, repetitive tasks could work some jobs, but if off-task or absent ~2 hours/day or ≥4 days/month, no competitive jobs would remain.
- The ALJ gave Dr. Wheeler’s opinion "little weight," reasoning (incorrectly) that Wheeler found Greek unable to perform postural activities and that Greek’s daily activities contradicted Wheeler’s opinion; the ALJ adopted an RFC for medium work limited to simple, routine, repetitive tasks and found Greek not disabled at step five.
- The Appeals Council denied review; the district court affirmed the Commissioner, holding any error in discounting Wheeler’s opinion was harmless; the Second Circuit vacated and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ gave "good reasons" for discounting treating physician Dr. Wheeler's opinion | Greek: ALJ failed to apply 20 C.F.R. §404.1527(c) factors and gave factually flawed reasons for assigning little weight to Wheeler | Commissioner: ALJ permissibly discounted Wheeler's opinion as inconsistent with record and claimant's activities | Court: ALJ erred — reasons were factually incorrect and he did not apply required §404.1527(c) factors; remand required |
| Whether the ALJ's error was harmless | Greek: Wheeler's limitations (e.g., >4 absences/month) could be dispositive given VE testimony | Commissioner/District Ct.: Any error harmless because record contained similar evidence relied on by ALJ | Court: Error not harmless — VE testified that ≥4 absences or excessive off-task time preclude employment, so treating opinion could change outcome; remand required |
Key Cases Cited
- Snell v. Apfel, 177 F.3d 128 (2d Cir. 1999) (Commissioner makes ultimate disability determination; treating physician deference principles)
- Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008) (ALJ must set forth good reasons for weight given to treating physician)
- Selian v. Astrue, 708 F.3d 409 (2d Cir. 2013) (factors ALJ must consider when declining treating physician's controlling weight)
- Halloran v. Barnhart, 362 F.3d 28 (2d Cir. 2004) (treating physician not controlling when inconsistent with other substantial evidence)
- Zabala v. Astrue, 595 F.3d 402 (2d Cir. 2010) (harmless-error analysis where omitted treating evidence was duplicative)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (definition of substantial evidence)