8:12-cv-02589
M.D. Fla.Jan 30, 2014Background
- Plaintiff Richard J. Hanback seeks judicial review of a SSA decision denying SSI.
- Defendant is Carolyn W. Colvin, Commissioner of Social Security.
- ALJ found severe impairments: asthma, COPD, back/neck disorders, and foot problems with a light work RFC.
- Plaintiff challenges step-two severity, state agency opinions, standard used, lay testimony, VE hypothetical, and smoking bias.
- Appeals Council denied review; report recommends affirming the Commissioner’s decision.
- Date of report: January 30, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Step-two severity of chronic bronchitis | Hanback argues chronic bronchitis was not found severe. | Colvin contends the ALJ properly examined for severe impairments. | Harmless error; multiple severe impairments found |
| Consideration of state agency physicians | Patty and Shefsky opinions were not properly weighed. | ALJ properly considered state agency consultants as substantial evidence. | ALJ properly considered their opinions |
| Pain/credibility standards | ALJ applied wrong standards and overemphasized nonmedical factors. | ALJ correctly applied Eleventh Circuit pain standard and credibility analysis. | Proper application of pain standard |
| Lay witness testimony | Ms. Hyde's statements should be controlling and fully credited. | ALJ properly weighed lay testimony against record evidence. | Lay testimony considered but not controlling |
| VE hypothetical adequacy | Hypothetical omitted chronic bronchitis and nebulizer-related dizziness. | ALJ's hypothetical reflected credible limitations and COPD severity. | Hypothetical complete and supported by record |
| Bias from smoking discussion | ALJ biased against plaintiff by focusing on smoking. | Record shows no bias; smoking admonitions were evidence-based. | No bias; substantial evidence supports decision |
Key Cases Cited
- Bowen v. Yuckert, 482 U.S. 137 (1987) (step framework and credibility standards)
- Foote v. Chater, 67 F.3d 1553 (11th Cir. 1995) (pain standard requires medical support or severity of condition)
- Landry v. Heckler, 782 F.2d 1551 (11th Cir. 1986) (pain evaluation framework under Eleventh Circuit)
- Jamison v. Bowen, 814 F.2d 585 (11th Cir. 1987) (harmless error when impairment considered later)
- Diorio v. Heckler, 721 F.2d 726 (11th Cir. 1983) (harmless error standard for ALJ findings)
- Pendley v. Heckler, 767 F.2d 1561 (11th Cir. 1985) (sit-and-squirm caution in credibility determinations)
- Crawford v. Comm'r of Social Security, 363 F.3d 1155 (11th Cir. 2004) (hypothetical must reflect credibly established limitations)
- Norris v. Heckler, 760 F.2d 1154 (11th Cir. 1985) (rejects sit-and-squirm jurisprudence)
- Miles v. Chater, 84 F.3d 1397 (11th Cir. 1996) (ALJ impartiality and bias concerns in hearing)
- Freeman v. Schweiker, 681 F.2d 727 (11th Cir. 1982) (credibility and pain assessment principles)