582 F. App'x 555
6th Cir.2014Background
- Griffith applied for SSI in March 2010 alleging bipolar and depressive disorders and nerves.
- ALJ found severe anxiety/depression but no medically determinable intellectual impairment.
- Multiple psychiatric/psychological evaluations showed low IQ (22). IQ 62 and adaptive functioning varied.
- Record included Murray (low IQ 62, mild cognitive disability), Raza (no cognitive impairment), Baggs (low average), Demaree and Athy (moderate limits).
- ALJ concluded Griffith could perform simple, routine tasks with minimal social contact; relied on vocational expert for jobs.
- Appeals Council denied; district court upheld ALJ; Griffith appeals for error in intellectual impairment finding and VE reliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a medically determinable mental impairment regarding intellectual functioning? | Griffith contends low IQ indicates impairment. | ALJ found no severe intellectual impairment despite low IQ. | No reversible error; substantial evidence supports no medically determinable impairment. |
| Did the VE testimony rely on a flawed hypothetical? | Hypothetical failed to include documented social/work limitations. | Hypothetical tracked Section III limits and was adequate. | VE hypothetical adequate; no error in reliance on VE testimony. |
Key Cases Cited
- Felisky v. Bowen, equip 35 F.3d 1027 (6th Cir. 1994) (hypothetical must describe claimant’s limitations accurately)
- Ealy v. Comm’r Soc. Sec., 595 F.3d 504 (6th Cir. 2010) (requires accurate hypothetical for VE evidence)
- Webb v. Comm’r Soc. Sec., 368 F.3d 629 (6th Cir. 2004) (hypothetical may reference claimant’s limitations, not medical conditions)
- Meece v. Barnhart, 192 F. App’x 456 (6th Cir. 2006) (non-treating opinions less memorialized; ALJ may rely on total record)
- Foster v. Halter, 279 F.3d 348 (6th Cir. 2001) (ALJ not required to obtain additional expert testimony)
- Brown v. Secretary of Health & Human Services, 948 F.2d 268 (6th Cir. 1991) (IQ must be read with adaptive functioning in impairment analysis)
- Longworth v. Comm’r Soc. Sec., 402 F.3d 591 (6th Cir. 2005) (use of medical evidence and functioning to assess impairment)